I 
117TH CONGRESS 
1ST SESSION H. R. 5265 
To prohibit malign foreign talent recruitment programs, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2021 
Mr. WALTZ (for himself and Mr. LUCAS) introduced the following bill; which 
was referred to the Committee on Science, Space, and Technology 
A BILL 
To prohibit malign foreign talent recruitment programs, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. MALIGN FOREIGN TALENT RECRUITMENT PRO-
GRAM PROHIBITION. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, each Federal research 
agency shall establish a requirement that, as part of a pro-
posal for a research and development award from the 
agency— 
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(1) each covered individual listed in the pro-
posal for a research and development award certify 
that they are not a party to a malign foreign talent 
recruitment program from a foreign country of con-
cern in their proposal submission and annually 
thereafter for the duration of the award; and 
(2) each institution of higher education or other 
organization applying for such an award certify that 
each covered individual who is employed by the insti-
tution of higher education or other organization has 
been made aware of the requirement under this sec-
tion. 
(b) INTERNATIONAL COLLABORATION.—Each policy 
developed under subsection (a) shall not prohibit— 
(1) making scholarly presentations and pub-
lishing written materials regarding scientific infor-
mation not otherwise controlled under current law; 
(2) participation in international conferences or 
other international exchanges, partnerships or pro-
grams that involve open and reciprocal exchange of 
scientific information, and which are aimed at ad-
vancing international scientific understanding; and 
(3) other international activities deemed appro-
priate by the Federal research agency head or their 
designee. 
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(c) LIMITATION.—The certifications required under 
subsection (a) shall not apply retroactively to research and 
development awards made prior to the establishment of 
the policy by the Federal research agency. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered individual’’ means an in-
dividual who— 
(A) contributes in a substantive, meaning-
ful way to the scientific development or execu-
tion of a research and development project pro-
posed to be carried out with a research and de-
velopment award from a Federal research agen-
cy; and 
(B) is designated as a covered individual 
by the Federal research agency concerned. 
(2) The term ‘‘Federal research agency’’ means 
any Federal agency with an annual extramural re-
search expenditure of over $100,000,000. 
(3) The term ‘‘foreign country of concern’’ 
means the People’s Republic of China, the Demo-
cratic People’s Republic of Korea, the Russian Fed-
eration, the Islamic Republic of Iran, or any other 
country deemed to be a country of concern as deter-
mined by the Department of State. 
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(4) The term ‘‘Malign foreign talent program’’ 
means any program, position, or activity that in-
cludes compensation, including cash, research fund-
ing, promised future compensation, or things of 
value, directly provided by the foreign state at any 
level (national, provincial or local) or other foreign 
entity, whether or not directly sponsored by the for-
eign state, to the targeted individual in exchange for 
the individual— 
(A) transferring intellectual property, ma-
terials, or data products owned by a U.S. entity 
or developed with a Federal research and devel-
opment award exclusively to the foreign coun-
try’s government or other foreign entity regard-
less of whether that government or entity pro-
vided support for the development of the intel-
lectual property, materials, or data products; 
(B) being required to recruit students or 
researchers to enroll in malign foreign talent 
programs sponsored by the foreign state or en-
tity; or 
(C) establishing a laboratory, accepting a 
faculty position, or undertaking any other em-
ployment or appointment in the foreign state or 
entity contrary to the standard terms and con-
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ditions of a Federal research and development 
award. 
(5) The term ‘‘research and development 
award’’ means support provided to an individual or 
entity by a Federal research agency to carry out re-
search and development activities, which may include 
support in the form of a grant, contract, cooperative 
agreement, or other such transaction. The term does 
not include a grant, contract, agreement or other 
transaction for the procurement of goods or services 
to meet the administrative needs of a Federal re-
search agency. 
Æ 
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