Introduction to Malign Foreign Talent Recruitment Program (MFTRP)
The CHIPS and Science Act of 2022 (the Act) requires federal research agencies to issue policies on participation in foreign talent recruitment programs. Foreign talent recruitment programs are efforts directly organized, managed, and/or funded by a foreign government or institution to recruit students and professionals who have a primary affiliation with a U.S. academic institution.
In February 2024, the White House issued Guidelines for Federal Research Agencies Regarding Foreign Talent Recruitment Programs. These Guidelines reiterate that agencies should implement the following requirements for investigators and senior/key personnel on federal research and development awards.
Investigators and senior/key personnel:
- are prohibited from participating in a federally funded research and development project if they are currently participating in a malign foreign talent recruitment program.
- must disclose if they are a party to any foreign talent recruitment program; and
- must certify that they are not a party to a malign foreign talent recruitment program.
Effective May 2024, NSF will require each PI and senior/key personnel to certify that they are not involved in a Malign Foreign Talent Recruitment Program. Institutional certifications will also have to be made that personnel have been made aware of the Malign Foreign Talent Recruitment Program prohibition. False representations regarding either of the above certifications, may be subject to prosecution and liability pursuant to, but not limited to, 18 U.S.C. §§.287, 1001, 1031 and 31 U.S.C. §§ 3729-3733 and 3802.
Foreign Talent Recruitment Program vs Malign Foreign Talent Recruitment Program
Foreign Talent Recruitment Program (FTRP) is defined by the White House Office of Science and Technology Policy (OSTP) 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 an individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue.
Malign Foreign Talent Recruitment Program (MFTRP) as defined by Act is a Foreign Talent Recruitment Program that contains at least one element of BOTH A and B below:
A. Is sponsored by:
- A foreign country of concern (FCOC) as identified by the U.S. Department of State on this website,
- An entity based in a FCOC, whether or not directly sponsored by the FCOC; or
- An FTRP or academic institution listed by the Department of Defense on pages 18-21 here.
and
B. Requires the participant to:
- engage 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;
- recruit trainees or researchers to enroll in such program, position, or activity;
- establish a laboratory or company, accept a faculty position, or undertake 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;
- not terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
- through funding or effort related to the foreign talent recruitment program, be 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;
- apply for and successfully receive funding from the sponsoring foreign government’s funding agencies with the sponsoring foreign organization as the recipient;
- 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;
- not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity; or
- have a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award.
What is not a Foreign Talent Recruitment Program
The following are not considered participation in a foreign talent recruitment program:
(i) making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
(ii) 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;
(iii) advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request.
How do I comply?
- Obtain prior approval from your School for any Outside Appointment.
- Disclose participation in any foreign talent recruitment program to ORA or JHURA.
- Principal investigators, Co-Investigators and Senior/Key Personnel on federal proposals must certify that they do not participate in any malign foreign talent recruitment programs as part of the proposal submission process. Federal proposals cannot not be submitted without this certification.
- Contact ORA or JHURA with any questions.