Overview
Growing concerns over research security and foreign influence have prompted the U.S. government and research agencies to issue regulations and policies on researcher participation in foreign talent recruitment programs. Explore the information provided below to better understand the rules governing foreign talent recruitment programs, and how they align with USU’s commitment to maintaining a secure and collaborative educational environment.
Foreign Talent Recruitment Programs
The Office of Science and Technology Policy defines a foreign talent recruitment program as “an effort organized, managed, or funded by a foreign government, or a foreign government instrumentality or entity, to recruit science and technology professionals or students (regardless of citizenship or national origin, or whether having a full-time or part-time position). Some foreign government-sponsored talent recruitment programs operate with the intent to import or otherwise acquire from abroad, sometimes through illicit means, proprietary technology or software, unpublished data and methods, and intellectual property to further the military modernization goals and/or economic goals of a foreign government. Many, but not all, programs aim to incentivize the targeted individual to relocate physically to the foreign state for the above purposes. Some programs allow for or encourage continued employment at United States research facilities or receipt of Federal research funds while concurrently working at and/or receiving compensation from a foreign institution, and some direct participants not to disclose their participation to United States entities. Compensation could take many forms including cash, research funding, complimentary foreign travel, honorific titles, career advancement opportunities, promised future compensation, or other types of renumeration or consideration, including in-kind compensation.”
The CHIPS & Science Act of 2022 required federal agencies to implement policies related to researcher disclosure of foreign talent recruitment participation. Agencies including NSF, NIH, DOE and DOD have updated their Terms & Conditions, as well as Current & Pending Support and Biosketch forms to require principal investigators and other key-personnel to identify any participation in foreign talent recruitment programs. Participation in a foreign talent recruitment program is a factor the agency will consider in its funding determination.
USU researchers should provide full and accurate disclosures of their participation in foreign talent recruitment programs via their annual Conflict of Interest disclosure, as well as in any research proposal or application forms. Please see the FAQ section below for more information about the disclosure process.
Malign Foreign Talent Recruitment Programs
In addition to updating disclosure requirements, the CHIPS & Science Act of 2022 prohibits federal dollars from being awarded to researchers participating in Malign Foreign Talent Recruitment Programs (MFTRP).
The full definition of MFTRP can be found in the FAQ’s below. At its most basic, the MFTRP restriction prohibits researchers from participating in a foreign talent recruitment program sponsored by:
- A country of concern, or an entity located in a foreign country of concern, whether or not directly sponsored by the foreign country of concern.
- Currently, countries of concern include China, North Korea, Russia and Iran, but this list can be updated by the U.S. Secretary of State.
- An academic institution listed under Section 1286(c)(8) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.
- A foreign talent recruitment program listed under section 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.
Frequenly Asked Questions
What is the definition of a Malign Foreign Talent Recruitment Program?
The CHIPS & Science Act of 2022 defines Malign Foreign Talent Recruitment Programs (MFTRP) as:
- 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 by a foreign country at any level (national, provincial, or local) or their designee, or an entity based in, funded by, or affiliated with a foreign country, whether or not directly sponsored by the foreign country, to the targeted individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue, in exchange for the individual—
- 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 or an entity based in, funded by, or affiliated with a foreign country regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products;
- being required to recruit trainees or researchers to enroll in such program, position, or activity;
- establishing a laboratory or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country or with an entity based in, funded by, or affiliated with a foreign country if such activities are in violation of the standard terms and conditions of a Federal research and development award;
- being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
- 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;
- 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;
- 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;
- 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
- having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award. And,
- A program that is sponsored by—
- 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;
- 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
- 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; 1 Public Law 115–232 ).
Are there any activities that do not fall under the MFTRP prohibition?
Pursuant to the CHIPS & Science Act of 2022, the following activities are not subject to the MFTRP restrictions:
- making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
- participation in international conferences or other international exchanges, research projects or programs that involve open and reciprocal exchange of scientific information, and which are aimed at advancing international scientific understanding and not otherwise controlled under current law;
- advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request.
Is there a list of programs considered to be MFTRPs?
MFTRPs are sponsored by “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.” Currently, the list of foreign countries of concern include China, Iran, North Korea, Russia, or any other country designated as such by the U.S. State Department.
Specifically, Section 1286(c)(8-9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 provides a list of academic institutions and foreign talent recruitment programs that fall under the definition of MFTRP, and can be found here.
How should I disclose my participation in a foreign talent recruitment program?
Researchers should disclose their participation in any foreign talent recruitment program via their annual Conflict of Interest disclosure. Instructions on how to create and update a Conflict of Interest disclosure can be found here.
Additionally, researchers should also provide full and honest disclosure of participation in such programs in any proposals or applications for research funding. This is especially important when submitting a proposal to a federal agency.