---
kind: "section"
citation: "42 U.S.C. § 19232"
title: "42"
title_heading: "The Public Health and Welfare"
number: "19232"
heading: "Malign foreign talent recruitment program prohibition"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/19232"
units:
  - "Chapter 163 — Research and Development, Competition, and Innovation"
  - "Subchapter VI — Miscellaneous Science and Technology Provisions"
  - "Part C — Research Security"
---

# §19232. Malign foreign talent recruitment program prohibition

- (a) **In general—** Not later than 24 months after August 9, 2022, each [Federal research agency](/usc/42/18901.md?p=10) shall establish a policy that, as part of a proposal for a [research and development award](/usc/42/18901.md?p=25) from the [agency](/usc/42/8262.md?p=1)—
  - (1) each [covered individual](/usc/42/19237.md?p=1) listed in such proposal certify that each such individual is not a party to a [malign foreign talent recruitment program](/usc/42/19237.md?p=4) in the proposal submission of each such individual and annually thereafter for the duration of the award; and
  - (2) each [institution of higher education](/usc/42/18901.md?p=13) or other organization applying for such an award certify that each [covered individual](/usc/42/19237.md?p=1) who is employed by such [institution of higher education](/usc/42/18901.md?p=13) or other organization has been made aware of the requirements under this section and complied with the requirement under [paragraph (1)](#a-1).
- (b) **Stakeholder input—** In establishing a policy under [subsection (a)](#a), [Federal research agencies](/usc/42/18901.md?p=10) shall publish a description of the proposed policy in the Federal Register and provide an opportunity for submission of public comment for a period of not more than 60 days.
- (c) **Compliance with existing law—** Each [Federal research agency](/usc/42/18901.md?p=10) and [recipient](/usc/42/18901.md?p=24) shall comply with title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](/usc/42/2000d.md) et seq.) in the establishment of policies pursuant to under[^1] [subsection (a)](#a).
- (d) **International collaboration—** Each policy developed under [subsection (a)](#a) shall not prohibit, unless such activities are funded, organized, or managed by an academic institution or a foreign talent recruitment program on the lists developed under paragraphs (8) and (9) of section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([10 U.S.C. 4001](/usc/10/4001.md) note; Public Law 115–232)—
  - (1) making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
  - (2) participation in international conferences or other international exchanges, research [projects](/usc/42/13641.md?p=2) or programs that involve open and reciprocal exchange of scientific information, and which are aimed at advancing international scientific understanding and not otherwise controlled under current law;
  - (3) advising a foreign student enrolled at an [institution of higher education](/usc/42/18901.md?p=13) or writing a recommendation for such a student, at such student’s request; and
  - (4) other international activities determined appropriate by the [Federal research agency](/usc/42/18901.md?p=10) head or designee.
- (e) **Limitation—** The certifications required under [subsection (a)](#a) shall not apply retroactively to [research and development awards](/usc/42/18901.md?p=25) made or applied for prior to the establishment of the policy by the [Federal research agency](/usc/42/18901.md?p=10).
- (f) **Training—** Each [Federal research agency](/usc/42/18901.md?p=10) shall ensure that, as a requirement of an award from each such [agency](/usc/42/8262.md?p=1), [recipient](/usc/42/18901.md?p=24) institutions provide training on the risks of [malign foreign talent recruitment programs](/usc/42/19237.md?p=4) to [covered individuals](/usc/42/19237.md?p=1) employed at such institutions, including those individuals who are participating in activities described in [subsection (d)](#d).

## Footnotes

[^1]: So in original.

## Source credit

(Pub. L. 117–167, div. B, title VI, § 10632, Aug. 9, 2022, 136 Stat. 1665.)

## Notes

### Editorial Notes

### References in Text

The Civil Rights Act of 1964, referred to in subsec. (c), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.