S 769 — United States Research Protection Act of 2025

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

 RESEARCH AND DEVELOPMENT,
 COMPETITION, AND INNOVATION ACT

 [Public Law 117-167]

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 DIVISION B--RESEARCH AND
 INNOVATION

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 TITLE VI--MISCELLANEOUS SCIENCE AND
 TECHNOLOGY PROVISIONS

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 Subtitle D--Research Security

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 [42 U.S.C. 19237]

SEC. 10638. DEFINITIONS.

 In this subtitle:
 (1) Covered individual.--The 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 a research and 
 development award from a Federal research 
 agency; and
 (B) is designated as a covered individual 
 by the Federal research agency concerned.
 (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 concern.--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 219(a) of the Immigration and 
 Nationality Act (8 U.S.C. 1189(a));
 (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 of concern that is a 
 covered nation (as such term is defined in 
 section 4872 of title 10, United States Code);
 (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, United 
 States Code (commonly known as the 
 Espionage Act);
 (ii) section 951 or 1030 of title 
 18, United States Code;
 (iii) chapter 90 of title 18, 
 United States Code (commonly known as 
 the Economic Espionage Act of 1996);
 (iv) the Arms Export Control Act 
 (22 U.S.C. 2751 et seq.);
 (v) section 224, 225, 226, 227, or 
 236 of the Atomic Energy Act of 1954 
 (42 U.S.C. 2274, 2275, 2276, 2277, and 
 2284);
 (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.
 (4) Malign foreign talent recruitment program.--The 
 term ``malign foreign talent recruitment program'' 
 [means--
 [(A) any program, position, or activity] 
 means 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] whether 
 directly or indirectly provided by a foreign 
 country of concern at any level (national, 
 provincial, or local) or their designee, or an 
 entity based in, funded by, or affiliated with 
 a foreign country of concern, whether or not 
 directly sponsored by the foreign country of 
 concern, to the targeted individual, whether 
 directly or indirectly stated in the 
 arrangement, contract, or other documentation 
 at issue, in exchange for the individual--
 [(i)](A) 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 Federal research and development award 
 to the government of a foreign country of 
 concern or an entity based in, funded by, or 
 affiliated with a foreign country of concern 
 regardless of whether that government or entity 
 provided support for the development of the 
 intellectual property, materials, or data 
 products;
 [(ii)](B) being required to recruit 
 trainees or researchers to enroll in such 
 program, position, or activity;
 [(iii)](C) establishing a laboratory or 
 company, accepting a faculty position, or 
 undertaking any other employment or appointment 
 in a foreign country of concern or with an 
 entity based in, funded by, or affiliated with 
 a foreign country of concern if such activities 
 are in violation of the standard terms and 
 conditions of a Federal research and 
 development award;
 [(iv)](D) being unable to terminate the 
 foreign talent recruitment program contract or 
 agreement except in extraordinary 
 circumstances;
 [(v)](E) through funding or effort related 
 to the foreign talent recruitment program, 
 being limited in the capacity to carry out a 
 research and development award or required to 
 engage in work that would result in substantial 
 overlap or duplication with a Federal research 
 and development award;
 [(vi)](F) being required to apply for and 
 successfully receive funding from the 
 sponsoring foreign government's funding 
 agencies with the sponsoring foreign 
 organization as the recipient;
 [(vii)](G) being required to omit 
 acknowledgment of the recipient institution 
 with which the individual is affiliated, or the 
 Federal research agency sponsoring the research 
 and development award, contrary to the 
 institutional policies or standard terms and 
 conditions of the Federal research and 
 development award;
 [(viii)](H) being required to not disclose 
 to the Federal research agency or employing 
 institution the participation of such 
 individual in such program, position, or 
 activity; or
 [(ix)](I) having a conflict of interest or 
 conflict of commitment contrary to the standard 
 terms and conditions of the Federal research 
 and development award[; and].
 [(B) a program that is sponsored by--
 [(i) a foreign country of concern 
 or an entity based in a foreign country 
 of concern, whether or not directly 
 sponsored by the foreign 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; 
 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; Public Law 115-232).]

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