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42 U.S. Code § 19237 - Definitions

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In this part:
(1) Covered individualThe 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 proposed to be carried out with aresearch and development award from a Federal research agency; and
(B)
is designated as acovered individual by the Federal research agencyconcerned.
(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 concernThe term “foreign entity of concern” means a foreign entity that is—
(A)
designated as a foreign terrorist organization by the Secretary of State undersection 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 theDepartment 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 insection 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 theEspionage Act);
(ii)
section 951 or 1030 of title 18;
(iii)
chapter 90 of title 18 (commonly known as the EconomicEspionage Act of 1996);
(v)
section2274,2275,2276,2277, or2284 of this title;
(vi)
the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or
(E)
determined by theSecretary of Commerce, in consultation with theSecretary 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.
(4) Malign foreign talent recruitment programThe 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 Federalresearch and development award 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 of the standard terms and conditions of a Federalresearch and development award;
(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 aresearch and development award or required to engage in work that would result in substantial overlap or duplication with a Federalresearch and development award;
(vi)
being required to apply for and successfully receive funding from the sponsoring foreign government’s funding agencies with the sponsoring foreign organization as therecipient;
(vii)
being required to omit acknowledgment of therecipient institution with which the individual is affiliated, or theFederal research agency sponsoring theresearch and development award, contrary to the institutional policies or standard terms and conditions of the Federalresearch and development award;
(viii)
being required to not disclose to theFederal research agency 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 Federalresearch and development award; and
(B) a program that is sponsored by—
(i)
aforeign country of concern or an entity based in aforeign country of concern, whether or not directly sponsored by theforeign country of concern;
(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 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 note; 1Public Law 115–232).

[1] See References in Text note below.
Editorial Notes
References in Text

TheArms Export Control Act, referred to in par. (3)(D)(iv), isPub. 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 undersection 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 ofPub. 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 undersection 4801 of Title 50 and Tables.

TheInternational Emergency Economic Powers Act, referred to in (3)(D)(vii), is title II ofPub. 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 undersection 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), issection 1286 of Pub. L. 115–232, which was formerly set out as a note undersection 2358 of Title 10, Armed Forces, prior to transfer and is now set out as a note undersection 4001 of Title 10.

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