Foreign Talent Recruitment Programs

Research Security

Federal Training: Malign Foreign Recruitment/Placement Programs
The National Institute of Standards and Technology’s (NIST) Research Security Office provides helpful training resources on research security. Click the link below to view NIST’s 15-minute video training on the role of malign foreign recruitment/placement programs and non-traditional collectors in the U.S. research enterprise.
Watch Training

What is a Foreign Talent Recruitment Program?

The National Science Foundation defines a foreign talent recruitment program (FTRP) as an entity that facilitates "compensation provided by [a] foreign state to the targeted individual in exchange for the individual transferring knowledge and expertise to the foreign country.”

What is a Malign Foreign Talent Recruitment Program?

Under the CHIPS and Science Act of 2022, an arrangement meets the definition of a malign foreign talent recruitment program (MFTRP) when: 

  • The arrangement is described in Box A below; and 
  • has at least one factor from Box B; and
  • has at least one factor from Box C.
Box A – Description

Any program, position, or activity that includes compensation in the form of:

  • cash; or
  • 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.

that is 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.

Box B – Problematic Sponsorship

The program providing compensation is sponsored by one of the following:

  1. A foreign country of concern (FCOC), currently defined as:
    • China
    • Iran
    • North Korea
    • Russia
  2. An entity based in a FCOC, whether or not the program is directly sponsored by the government of the FCOC;
  3. An entity on a US government restricted entity list (contact compliance@usu.edu for additional information.); or
  4. An academic institution or a foreign talent recruitment program listed on the U.S. government’s 1286 List.
Box C – Problematic Obligations/Activities

The compensation is being provided in exchange for the individual to engage in at least one of the following activities:

  1. 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;
  2. Being required to recruit trainees or researchers to enroll in such program, position, or activity;
  3. 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;
  4. Being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
  5. 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;
  6. 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;
  7. 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;
  8. 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
  9. Having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award.

Impact on USU Researchers

All USU researchers are prohibited from participating in MFTRPs under University Policy 2301: Individual Conflicts of Interest.

The CHIPS & Science Act of 2022 prohibits federal dollars from being awarded to researchers actively associated with any MFTRP.

As a result of federal law and policy prohibiting involvement with MFTRPs, participation in such programs has led lead to criminal charges and/or loss of employment.

Required Disclosures by USU Researchers

Researchers must fully disclose their participation in any foreign talent recruitment program, including those that may be malign, in their annual Conflict of Interest disclosure by following the instructions on how to create and update a Conflict of Interest disclosure.

USU researchers must also disclose their participation in any foreign talent recruitment program in any proposals or applications for research funding, including when submitting to a federal agency.

How Federal Agencies Assess MFTRP Involvement

In 2024, the Office of Security and Technology Policy released guidelines instructing agencies on how to implement the CHIPS & Science Act of 2022’s prohibition on researcher involvement with MFTRPs.

Agency-specific guidelines and reporting requirements regarding MFTRP involvement include:

For National Science Foundation (NSF) awardees: Under NSF’s Proposal & Award Policies & Procedures Guide (PAPPG) (NSF 24-1), starting June 7, 2025, Principal Investigators (PIs) or Co-PIs on an NSF award made on or after May 20, 2024 must complete an annual certification that they are not party to a MFTRP.

As early as June 2025, NSF may contact PIs and Co-PIs directly in order to complete their annual MFTRP certification. PIs and Co-PIs may also be prompted to complete the certification when they log into Research.gov. PIs and Co-PIs must complete the certification before submitting an Annual Project Report or conducting any other Research.gov activity. USU cannot perform the certification on behalf of PIs and Co-PIs.

If you are a PI or Co-PI on an NSF award made on or after May 20, 2024, and have not been prompted to complete your annual certification, contact your assigned grant & contract officer from Sponsored Programs.

For Department of Energy (DOE) awardees: DOE Order 486.1A, Foreign Government Sponsored or Affiliated Activities (2020) prohibits awardees from participating in any MFTRP. DOE awardees should also review Order 486.1A to understand further DOE restrictions on participation in other foreign government sponsored or affiliated activities.

For Department of Defense (DoD) awardees: DoD’s Component Decision Matrix (2025) outlines how the agency assesses possible MFTRP involvement by researchers seeking awards for fundamental/basic research. In addition to its prohibition on active MFTRP association, DoD assesses a researcher’s past involvement with any MFTRP when considering research proposals.

For National Institutes of Health (NIH) awardees: NIH’s Decision Matrix for Assessing Potential Foreign Interference (2024) outlining how the agency assesses MFTRP involvement by researchers seeking awards. USU researchers interested in NIH funding should also review NIH’s Foreign Interference resources to understand how to protect against inappropriate foreign interference in their research.

What foreign-related activities are not considered malign?

The CHIPS & Science Act of 2022 specifies that researchers may engage in the following activities without violating MFTRP prohibitions, so long as the activities are not funded, organized, or managed by an institution or program specifically listed under Sections 1286(c)(8) and (9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019:

  • Make scholarly presentations and publish written materials regarding scientific information not otherwise controlled under current law;
  • Participate 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;
  • Advise a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request; and
  • Other international activities determined appropriate by a head of a federal research agency or their designated representative.