§19237. Definitions — Inbound Citations

42 U.S.C. § 19237

Cited by 30 provisions in release 119-102.

Citations to 42 U.S.C. § 19237 as a whole

15 U.S.C. § 638(e)(18)

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(18) the term “malign foreign talent recruitment program” has the meaning given such term in section 19237 of title 42;

Citations to §19237(1)

42 U.S.C. § 19038(a)(2)

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(2) exercise due diligence in granting access, as appropriate, to the CUI or classified information identified under paragraph (1) to individuals working on such research who are employees of the Foundation or covered individuals on research and development awards funded by the Foundation.
42 U.S.C. § 19231(a)

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(a) The purpose of this part is to direct actions to prohibit participation in any foreign talent recruitment program by personnel of Federal research agencies and to prohibit participation in a malign foreign talent recruitment program by covered individuals involved with research and development awards from those agencies.
42 U.S.C. § 19231(b)(2)

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(2) as part of the requirements under section 6605 of this title, require covered individuals to disclose if such individuals are a party to a foreign talent recruitment program contract, agreement, or other arrangement;
42 U.S.C. § 19231(b)(3)

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(3) prohibit research and development awards from being made for any proposal in which a covered individual is participating in a malign foreign talent recruitment program; and
42 U.S.C. § 19231(b)(4)

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(4) to the extent practicable, require recipient institutions to prohibit covered individuals participating in malign foreign talent recruitment programs from working on projects supported by research and development awards.
42 U.S.C. § 19232(a)(1)

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(1) each covered individual listed in such proposal certify that each such individual is not a party to a malign foreign talent recruitment program in the proposal submission of each such individual and annually thereafter for the duration of the award; and
42 U.S.C. § 19232(a)(2)

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(2) each institution of higher education or other organization applying for such an award certify that each covered individual who is employed by such institution of higher education or other organization has been made aware of the requirements under this section and complied with the requirement under paragraph (1).
42 U.S.C. § 19232(f)

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(f) Each Federal research agency shall ensure that, as a requirement of an award from each such agency, recipient institutions provide training on the risks of malign foreign talent recruitment programs to covered individuals employed at such institutions, including those individuals who are participating in activities described in subsection (d).
42 U.S.C. § 19233(a)(1)

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(1) require, upon request, the submission to such agency, by an institution of higher education or other organization applying for a research and development award, of supporting documentation, including copies of contracts, grants, or any other agreement specific to foreign appointments, employment with a foreign institution, participation in a foreign talent recruitment program and other information reported as current and pending support for all covered individuals in a research and development award application;
42 U.S.C. § 19233(a)(3)

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(3) upon receipt and review of the information provided under paragraph (1) and in consultation with the institution of higher education or other organization submitting such information, initiate the substitution or removal of a covered individual from a research and development award, reduce the award funding amount, or suspend or terminate the award if the agency head determines such contracts, grants, or agreements include obligations that—

(A) interfere with the capacity for agency-supported activities to be carried out; or

(B) create duplication with agency-supported activities.
42 U.S.C. § 19233(b)(1)

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(1) take necessary steps, as practicable, to protect the privacy of all covered individuals and other parties specified in the documentation submitted under paragraph (1) of such subsection;
42 U.S.C. § 19234(a)(1)(A)

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(A) each covered individual listed on the application for a research and development award certify that each such individual has completed within one year of such application research security training that meets the guidelines developed under subsection (b); and
42 U.S.C. § 19234(a)(1)(B)

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(B) each institution of higher education or other organization applying for such an award certify that each covered individual who is employed by such institution or organization and listed on the application has completed such training.
42 U.S.C. § 19234(c)(1)(B)(i)

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(i) covered individuals;

Citations to §19237(2)

42 U.S.C. § 19040(a)

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(a) The Director shall request, on an annual basis, from a recipient institution of higher education a disclosure, in the form of a summary document, from the institution, a foundation of the institution, and related entities such as any educational, cultural, or language entity, of the current financial support, the value of which is $50,000 or more, including gifts and contracts, received directly or indirectly from a foreign source (as such term is defined in section 1011f(h)(2) of title 20) associated with a foreign country of concern.
42 U.S.C. § 19221(a)(1)

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(1) 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 Department of State.
42 U.S.C. § 19221(c)(1)(L)(ii)(II)(aa)

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(aa) any governmental organization of a foreign country of concern; or
42 U.S.C. § 19221(c)(1)(L)(ii)(II)(bb)(AA)

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(AA) known to be owned or controlled by any governmental organization of a foreign country of concern; or
42 U.S.C. § 19221(c)(1)(L)(ii)(II)(bb)(BB)

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(BB) organized under, or otherwise subject to, the laws of a foreign country of concern.
42 U.S.C. § 19221(c)(2)(A)(ix)(III)(aa)

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(aa) any governmental organization of a foreign country of concern; or
42 U.S.C. § 19221(c)(2)(A)(ix)(III)(bb)(AA)

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(AA) known to be owned or controlled by any governmental organization of a foreign country of concern; or
42 U.S.C. § 19221(c)(2)(A)(ix)(III)(bb)(BB)

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(BB) organized under, or otherwise subject to, the laws of a foreign country of concern.

Citations to §19237(3)

42 U.S.C. § 18934(b)(2)(E)

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(E) develop policies and procedures accounting for the legal and social implications of activities under this paragraph when working with a foreign entity of concern (as such term is defined in section 19221 of this title);
42 U.S.C. § 19221(a)(2)

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(2) 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;

(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department 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);

(D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—

(i) chapter 37 of title 18 (commonly known as the Espionage Act);

(ii) section 951 or 1030 of title 18;

(iii) chapter 90 of title 18 (commonly known as the Economic Espionage Act of 1996);

(iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.);

(v) section 2274, 2275, 2276, 2277, or 2284 of this title;

(vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or

(vii) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or

(E) determined by the Secretary of Commerce, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States.

Citations to §19237(4)

42 U.S.C. § 19231(a)

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(a) The purpose of this part is to direct actions to prohibit participation in any foreign talent recruitment program by personnel of Federal research agencies and to prohibit participation in a malign foreign talent recruitment program by covered individuals involved with research and development awards from those agencies.
42 U.S.C. § 19231(b)(3)

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(3) prohibit research and development awards from being made for any proposal in which a covered individual is participating in a malign foreign talent recruitment program; and
42 U.S.C. § 19231(b)(4)

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(4) to the extent practicable, require recipient institutions to prohibit covered individuals participating in malign foreign talent recruitment programs from working on projects supported by research and development awards.
42 U.S.C. § 19232(a)(1)

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(1) each covered individual listed in such proposal certify that each such individual is not a party to a malign foreign talent recruitment program in the proposal submission of each such individual and annually thereafter for the duration of the award; and
42 U.S.C. § 19232(f)

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(f) Each Federal research agency shall ensure that, as a requirement of an award from each such agency, recipient institutions provide training on the risks of malign foreign talent recruitment programs to covered individuals employed at such institutions, including those individuals who are participating in activities described in subsection (d).