---
kind: "section"
citation: "42 U.S.C. § 19237"
title: "42"
title_heading: "The Public Health and Welfare"
number: "19237"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/19237"
units:
  - "Chapter 163 — Research and Development, Competition, and Innovation"
  - "Subchapter VI — Miscellaneous Science and Technology Provisions"
  - "Part C — Research Security"
---

# §19237. Definitions


In this part:

- (1) **Covered individual—** The term “covered individual” means an individual who—
  - (A) contributes in a substantive, meaningful way to the scientific development or execution of a research and development [project](/usc/42/13641.md?p=2) proposed to be carried out with a [research and development award](/usc/42/18901.md?p=25) from a [Federal research agency](/usc/42/18901.md?p=10); and
  - (B) is designated as a [covered individual](#1) by the [Federal research agency](/usc/42/18901.md?p=10) concerned.
- (2) **Foreign country of concern—** The term “foreign country of concern” means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country determined to be a country of concern by the Secretary of State.
- (3) **Foreign entity of concern—** The term “foreign entity of concern” means a foreign entity that is—
  - (A) designated as a foreign terrorist organization by the Secretary of State under [section 1189(a) of title 8](/usc/8/1189.md?p=a);
  - (B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the [Department](/usc/42/19291.md?p=2) of the Treasury (commonly known as the SDN list);
  - (C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as such term is defined in [section 4872 of title 10](/usc/10/4872.md));
  - (D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—
    - (i) [chapter 37](/usc/18/chptI/ch37.md) of title 18 (commonly known as the Espionage Act);
    - (ii) section [951](/usc/18/951.md) or [1030](/usc/18/1030.md) of title 18;
    - (iii) [chapter 90](/usc/18/chptI/ch90.md) of title 18 (commonly known as the Economic Espionage Act of 1996);
    - (iv) the Arms Export Control Act ([22 U.S.C. 2751](/usc/22/2751.md) et seq.);
    - (v) section [2274](/usc/42/2274.md), [2275](/usc/42/2275.md), [2276](/usc/42/2276.md), [2277](/usc/42/2277.md), or [2284](/usc/42/2284.md) of this title;
    - (vi) the Export Control Reform Act of 2018 ([50 U.S.C. 4801](/usc/50/4801.md) et seq.); or
    - (vii) the International Emergency Economic Powers Act ([50 U.S.C. 1701](/usc/50/1701.md) et seq.); or
  - (E) determined by the [Secretary](/usc/42/19291.md?p=8) of Commerce, in consultation with the [Secretary](/usc/42/19291.md?p=8) of Defense and the [Director](/usc/42/19184.md?p=1) of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States.
- (4) **Malign foreign talent recruitment program—** The term “malign foreign talent recruitment program” means—
  - (A) any program, position, or activity that includes compensation in the form of cash, in-kind compensation, including research funding, promised future compensation, complimentary foreign travel, things of non de minimis value, honorific titles, career advancement opportunities, or other types of remuneration or consideration directly provided by a foreign country at any level (national, provincial, or local) or their designee, or an entity based in, funded by, or affiliated with a foreign country, whether or not directly sponsored by the foreign country, to the targeted individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue, in exchange for the individual—
    - (i) engaging in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information owned by a United States entity or developed with a Federal [research and development award](/usc/42/18901.md?p=25) to the government of a foreign country or an entity based in, funded by, or affiliated with a foreign country regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products;
    - (ii) being required to recruit trainees or researchers to enroll in such program, position, or activity;
    - (iii) establishing a laboratory or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country or with an entity based in, funded by, or affiliated with a foreign country if such activities are in [violation](/usc/42/2000e–16a.md?p=c) of the standard terms and conditions of a Federal [research and development award](/usc/42/18901.md?p=25);
    - (iv) being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
    - (v) through funding or effort related to the foreign talent recruitment program, being limited in the capacity to carry out a [research and development award](/usc/42/18901.md?p=25) or required to engage in work that would result in substantial overlap or duplication with a Federal [research and development award](/usc/42/18901.md?p=25);
    - (vi) being required to apply for and successfully receive funding from the sponsoring foreign government’s funding [agencies](/usc/42/8262.md?p=1) with the sponsoring foreign organization as the [recipient](/usc/42/18901.md?p=24);
    - (vii) being required to omit acknowledgment of the [recipient](/usc/42/18901.md?p=24) institution with which the individual is affiliated, or the [Federal research agency](/usc/42/18901.md?p=10) sponsoring the [research and development award](/usc/42/18901.md?p=25), contrary to the institutional policies or standard terms and conditions of the Federal [research and development award](/usc/42/18901.md?p=25);
    - (viii) being required to not disclose to the [Federal research agency](/usc/42/18901.md?p=10) or employing institution the participation of such individual in such program, position, or activity; or
    - (ix) having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal [research and development award](/usc/42/18901.md?p=25); and
  - (B) a program that is sponsored by—
    - (i) a [foreign country of concern](#2) or an entity based in a [foreign country of concern](#2), whether or not directly sponsored by the [foreign country of concern](#2);
    - (ii) an academic institution on the list developed under section 1286(c)(8) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([10 U.S.C. 2358](/usc/10/2358.md) note;[^1] Public Law 115–232); or
    - (iii) a foreign talent recruitment program on the list developed under section 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([10 U.S.C. 2358](/usc/10/2358.md) note;[^1] Public Law 115–232).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 117–167, div. B, title VI, § 10638, Aug. 9, 2022, 136 Stat. 1669.)

## Notes

### Editorial Notes

### References in Text

The Arms Export Control Act, referred to in par. (3)(D)(iv), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.

The Export Control Reform Act of 2018, referred to in par. (3)(D)(vi), is subtitle B (§§ 1741–1781) of title XVII of div. A of Pub. L. 115–232, Aug. 13, 2018, 132 Stat. 2208, which is classified principally to chapter 58 (§ 4801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 4801 of Title 50 and Tables.

The International Emergency Economic Powers Act, referred to in (3)(D)(vii), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.

Section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, referred to in par. (4)(B)(ii), (iii), is section 1286 of Pub. L. 115–232, which was formerly set out as a note under section 2358 of Title 10, Armed Forces, prior to transfer and is now set out as a note under section 4001 of Title 10.