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EXECUTIVE OFFICE OF THE PRESIDENT
WASHINGTON, D.C. 20503
February 14, 2024
MEMORANDUM FOR THE HEADS OF FEDERAL RESEARCH AGENCIES
FROM: ARATI PRABHAKAR
DIRECTOR
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
SUBJECT: Guidelines for Federal Research Agencies Regarding Foreign Talent
Recruitment Programs
These guidelines are issued in accordance with Section 10631(b) of the CHIPS and Science Act of 2022
(“the Act”),
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which provides that “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” (emphasis added). Relevant provisions of the Act are codified at 42 U.S.C.
19231 - 19237.
There are two main features of the relevant portions of the Act: it provides that federal research agency
personnel are prohibited from participating in foreign talent recruitment programs, and prohibits certain
individuals substantively involved with preparing award applications or carrying out awards (“covered
individuals”) from participating in malign foreign talent recruitment programs (Sections 10631 and 10638
of the Act). See below for definitions of foreign talent recruitment programs and malign foreign talent
recruitment programs.
Section 10631(d) of the Act requires federal research agencies to issue a policy on foreign talent
recruitment programs. Section 10632(a) of the Act further requires them to issue a specific policy on
malign foreign talent recruitment programs, which must include provisions that, as part of a proposal for a
research and development 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 … and annually [certify] thereafter for the
duration of the award; and
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Public Law 117-167.
