H. R. 4346—300 
(b) GUIDANCE.—Not later than 180 days after the date of the 
enactment of this Act, the Director of the Office of Science and 
Technology Policy, in coordination with the interagency working 
group established under section 1746 of the National Defense 
Authorization Act for Fiscal Year 2020 (42 U.S.C. 6601 note; Public 
Law 116–92), shall publish and widely distribute a uniform set 
of guidelines for Federal research agencies regarding foreign talent 
recruitment programs. Such policy guidelines shall— 
(1) prohibit all personnel of each Federal research agency, 
including Federal employees, contract employees, independent 
contractors, individuals serving under the Intergovernmental 
Personnel Act of 1970 (42 U.S.C. 4701 et seq), Visiting Scientist, 
Engineering, and Educator appointments, and special govern-
ment employees other than peer reviewers, from participating 
in a foreign talent recruitment program; 
(2) as part of the requirements under section 223 of the 
William (Mac) Thornberry NDAA of Fiscal Year 2021 (10 U.S.C. 
6605; Public Law 116–283), require covered individuals to dis-
close if such individuals are a party to a foreign talent recruit-
ment program contract, agreement, or other arrangement; 
(3) prohibit research and development awards from being 
made for any proposal in which a covered individual is partici-
pating in a malign foreign talent recruitment program; and 
(4) to the extent practicable, require recipient institutions 
to prohibit covered individuals participating in malign foreign 
talent recruitment programs from working on projects sup-
ported by research and development awards. 
(c) DEFINITION OF FOREIGN TALENT RECRUITMENT PROGRAMS.— 
As part of the guidance under subsection (b), the Director of the 
Office of Science and Technology Policy shall define and describe 
the characteristics of a foreign talent recruitment program. 
(d) IMPLEMENTATION.—Not later than one year after the date 
of the enactment of this Act, each Federal research agency shall 
issue a policy utilizing the guidelines under subsection (b). 
(e) CONSISTENCY.—The Director of the Office of Science and 
Technology Policy shall ensure that the policies issued by the Fed-
eral research agencies under subsection (d) are consistent to the 
greatest extent practicable. 
SEC. 10632. MALIGN FOREIGN TALENT RECRUITMENT PROGRAM 
PROHIBITION. 
(a) IN GENERAL.—Not later than 24 months after the date 
of enactment of this Act, each Federal research agency shall estab-
lish a policy that, as part of a proposal for a research and develop-
ment award from the agency— 
(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 
(2) each institution of higher education or other organiza-
tion applying for such an award certify that each covered indi-
vidual 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).
H. R. 4346—301 
(b) STAKEHOLDER INPUT.—In establishing a policy under sub-
section (a), Federal research agencies 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 and recipient shall comply with title VI of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d et seq.) in the establishment of 
policies pursuant to under subsection (a). 
(d) INTERNATIONAL COLLABORATION.—Each policy developed 
under subsection (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 note; Public Law 115–232)— 
(1) making scholarly presentations and publishing written 
materials regarding scientific information not otherwise con-
trolled under current law; 
(2) participation in international conferences or other inter-
national exchanges, research projects or programs that involve 
open and reciprocal exchange of scientific information, and 
which are aimed at advancing international scientific under-
standing and not otherwise controlled under current law; 
(3) advising a foreign student enrolled at an institution 
of higher education 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 head or designee. 
(e) LIMITATION.—The certifications required under subsection 
(a) shall not apply retroactively to research and development awards 
made or applied for prior to the establishment of the policy by 
the Federal research agency. 
(f) TRAINING.—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). 
SEC. 10633. REVIEW OF CONTRACTS AND AGREEMENTS. 
(a) IN GENERAL.—In addition to existing authorities for pre-
venting waste, fraud, abuse, and mismanagement of Federal funds, 
each Federal research agency shall have the authority to— 
(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; 
(2) require such institution of higher education or other 
organization to review any documents requested under para-
graph (1) for compliance with the Federal research agency’s
H. R. 4346—302 
award terms and conditions, including guidance on conflicts 
of interest and conflicts of commitment; and 
(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 agree-
ments include obligations that— 
(A) interfere with the capacity for agency-supported 
activities to be carried out; or 
(B) create duplication with agency-supported activities. 
(b) LIMITATIONS.—In exercising the authorities under sub-
section (a), each Federal research agency shall— 
(1) take necessary steps, as practicable, to protect the pri-
vacy of all covered individuals and other parties specified in 
the documentation submitted under paragraph (1) of such sub-
section; 
(2) endeavor to provide justification for requests for sup-
porting documentation made under such paragraph; 
(3) require that allegations be proven by a preponderance 
of evidence; and 
(4) as practicable, afford subjects an opportunity to provide 
comments and rebuttal and an opportunity to appeal before 
final administrative action is taken. 
SEC. 10634. RESEARCH SECURITY TRAINING REQUIREMENT FOR FED-
ERAL RESEARCH AWARD PERSONNEL. 
(a) ANNUAL TRAINING REQUIREMENT.— 
(1) IN GENERAL.—Not later than 12 months after the date 
of the enactment of this Act, each Federal research agency 
shall establish a requirement that, as part of an application 
for a research and development award from the agency— 
(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 guide-
lines developed under subsection (b); and 
(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. 
(2) CONSISTENCY.—The Director of the Office of Science 
and Technology Policy shall ensure that the training require-
ments established by Federal research agencies pursuant to 
paragraph (1) are consistent. 
(b) TRAINING GUIDELINES.—The Director of the Office of Science 
and Technology Policy, acting through the National Science and 
Technology Council and in accordance with the authority provided 
under section 1746(a) of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note), 
shall, taking into consideration stakeholder input, develop guide-
lines for institutions of higher education and other organizations 
receiving Federal research and development funds to use in devel-
oping their own training programs to address the unique needs,
H. R. 4346—303 
challenges, and risk profiles of such institutions and other organiza-
tions, including adoption of security training modules developed 
under subsection (c), to ensure compliance with National Security 
Presidential Memorandum–33 (relating to strengthening protections 
of the United States Government-supported research and develop-
ment against foreign government interference and exploitation) or 
any successor documents. 
(c) SECURITY TRAINING MODULES.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Director of the Office of 
Science and Technology Policy, in coordination with the Director 
of the National Science Foundation, the Director of the National 
Institutes of Health, the Secretary of Energy, and the Secretary 
of Defense, and in consultation with the heads of relevant 
Federal research agencies, shall enter into an agreement or 
contract with a qualified entity for the development of online 
research security training modules for the research community 
and participants in the United States research and development 
enterprise to ensure compliance with National Security Presi-
dential Memorandum–33 or successor documents, including 
modules— 
(A) focused on cybersecurity, international collabora-
tion and international travel, foreign interference, and rules 
for proper use of funds, disclosure, conflict of commitment, 
and conflict of interest; and 
(B) tailored to the unique needs of— 
(i) covered individuals; 
(ii) undergraduate students, graduate students, 
and postdoctoral researchers; and 
(iii) applicants for awards under the SBIR and 
STTR programs (as such terms are defined in section 
9(e) of the Small Business Act (15 U.S.C. 638(e)). 
(2) STAKEHOLDER INPUT.—Prior to entering into the agree-
ment under paragraph (1), the Director of the Office of Science 
and Technology Policy shall seek input from academic, private 
sector, 
intelligence, 
and 
law 
enforcement 
stakeholders 
regarding the scope and content of security training modules, 
including the diversity of needs across institutions of higher 
education and other recipients of different sizes and types, 
and recommendations for minimizing administrative burden 
on recipients and researchers. 
(3) DEVELOPMENT.—The Director of the Office of Science 
and Technology Policy shall ensure that the entity referred 
to in paragraph (1)— 
(A) develops security training modules that can be 
adapted and utilized across Federal research agencies; and 
(B) develops and implements a plan for regularly 
updating such modules as needed. 
SEC. 10635. RESEARCH FUNDS ACCOUNTING. 
(a) STUDY PERIOD DEFINED.—In this section the term ‘‘study 
period’’ means the 5-year period ending on the date of the enactment 
of this Act. 
(b) STUDY.—The Comptroller General of the United States shall 
conduct a study on Federal funding made available to foreign enti-
ties of concern for research, during the study period.