Title 42 — The Public Health and Welfare
Part A · Chapter 6A — Public Health Service
§ 242v. Foreign talent recruitment programs
Statutory text
Intramural research
In general
Not later than 60 days after , the Secretary of Health and Human Services (referred to in sections 242v to 242v–3 of this title as the “Secretary”) shall prohibit personnel of the National Institutes of Health engaged in intramural research from participation in foreign talent recruitment programs.
Exemption
Paragraph (1) shall not apply to participation in international conferences or other international exchanges, partnerships, or programs, for which such participation has been approved by the National Institutes of Health. In such circumstances, the National Institutes of Health shall ensure appropriate training is provided to the participant on how to respond to overtures from individuals associated with foreign talent recruitment programs.
Extramural research
The Secretary shall require disclosure of participation in foreign talent recruitment programs, including the provision of copies of all grants, contracts, or other agreements related to such programs, and other supporting documentation related to such programs, as a condition of receipt of Federal extramural biomedical research funding awarded through the Department of Health and Human Services.
Consistency
The Secretary shall ensure that the policies developed, updated, or issued pursuant to subsections (a) and (b) are, to the greatest extent practicable, consistent with the requirements of subtitle D of title VI of division B of Public Law 117–167 (42 U.S.C. 19231 et seq.) related to foreign talent recruitment programs.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act
Pub. L. 117–328 div. FF title II § 2321 · 136 Stat. 4459
Enacted · 42 U.S.C. § 242v
(Pub. L. 117–328, div. FF, title II, § 2321, Dec. 29, 2022, 136 Stat. 5765.)
Source evidence
Code source credit
(Pub. L. 117–328, div. FF, title II, § 2321, Dec. 29, 2022, 136 Stat. 5765.)Enacted provision · exact public law section
SEC. 2321. FOREIGN TALENT RECRUITMENT PROGRAMS. (a) Intramural Research.— (1) In general.— Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this chapter as the “Secretary”) shall prohibit personnel of the National Institutes of Health engaged in intramural research from participation in foreign talent recruitment programs. (2) Exemption.— Paragraph (1) shall not apply to participation in international conferences or other international exchanges, partnerships, or programs, for which such participation has been approved by the National Institutes of Health. In such circumstances, the National Institutes of Health shall ensure appropriate training is provided to the participant on how to respond to overtures from individuals associated with foreign talent recruitment programs. (b) Extramural Research.— The Secretary shall require disclosure of participation in foreign talent recruitment programs, including the provision of copies of all grants, contracts, or other agreements related to such programs, and other supporting documentation related to such programs, as a condition of receipt of Federal extramural biomedical research funding awarded through the Department of Health and Human Services. (c) Consistency.— The Secretary shall ensure that the policies developed, updated, or issued pursuant to subsections (a) and (b) are, to the greatest extent practicable, consistent with the requirements of subtitle D of title VI of division B of Public Law 117–167 (42 U.S.C. 19231 et seq.) related to foreign talent recruitment programs.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Sections 242v to 242v–3 of this title, referred to in subsec. (a)(1), was in the original “this chapter”, meaning chapter 3 (§§ 2321–2326) of title II of div. FF of Pub. L. 117–328, 136 Stat. 5765, which enacted this section and sections 242v–1 to 242v–3 of this title and amended section 282 of this title.
Codification
Section was enacted as part of the Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act, also known as PREVENT Pandemics Act, and also as part of the Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022, and not as part of the Public Health Service Act which comprises this chapter.
Credits
(Pub. L. 117–328, div. FF, title II, § 2321, , 136 Stat. 5765.)