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Malign Foreign Talent Program

Many countries sponsor talent recruitment programs for legitimate purposes of attracting researchers in targeted fields, and many programs utilize legitimate means of attracting talent, including offering research fellowships and grants to incentivize researchers to physically relocate. However, some programs fall into the category of a Malign Foreign Talent Recruitment Program (FTRP).

The CHIPS & Science Act of 2022 (“CHIPS Act”) prohibits federally-funded researchers from participating in any Malign FTRPs.  By definition, Malign FTRPs must involve China, Iran, North Korea, or Russia, or entities in those countries, and must meet certain other criteria as discussed below.  Federally-funded researchers will be required to certify that they are not participating in Malign FTRPs. By policy, covered individuals must certify they are not part of a MFTRP in the proposal submission and annually thereafter. Pursuant to this act, covered individuals who are a current party to a Malign Foreign Talent Recruitment Program are not eligible to serve as senior/key personnel on federal awards.

Participating in a malign foreign talent recruitment program could affect your eligibility for federal research funding. Participation is specifically prohibited by certain U.S. government research agencies.

University of South Alabama researchers must disclose if they are a talent program member of any kind during the annual disclosure process for review. Participation in a “Malign” Foreign Talent Recruitment Program is prohibited for researchers applying for or receiving federal funding. In addition, participation in a Foreign Talent Recruitment Program of any kind must be disclosed prior to participating in submission of a federal proposal, and within 30 days of becoming a member of a Foreign Talent Recruitment Program, malign or otherwise.

▼   What is a Malign Foreign Talent Recruitment Program (MFTRP)?

If the arrangement is described in A and B below, then it is considered within the Chips and Science Act’s definition of a MFTRP (Section 10638(4) of the Act).

  1. Problematic Obligations/Activities:

    Any program, position, or activity that includes compensation* by a foreign country at any level that involves one or more of the following:

    1. Unauthorized transfer of IP, materials, data products, or other nonpublic information;
    2. Recruitment of trainees or researchers to enroll in the program;
    3. Establishing a lab or company, or accepting a faculty position or other appointment, in the foreign country;
    4. Being unable to terminate the foreign talent recruitment program;
    5. Being limited in the capacity to carry out a research and development award, or requires engagement in work that overlaps or duplicates a federal award;
    6. Being required to apply for funding from the sponsoring foreign government;
    7. Being required to omit acknowledgement of the recipient institution (USA) or the federal agency sponsoring the research;
    8. Being required not to disclose participation in the program to the federal research agency or employing institution (USA); or
    9. Having a conflict of interest or commitment contrary to a federal award.

      * Compensation broadly includes cash, in-kind compensation, research funding, promised future compensation, complimentary foreign travel, things of non de minimis value, honorific titles, career advancement, or other types of remuneration or consideration.

  2. Problematic Sponsorship

    And is sponsored by one of the following:

    1. A foreign country of concern as defined by the Secretary of State, and currently includes China, North Korea, the Russia Federation, and Iran;
    2. An entity based in a foreign country of concern; or
    3. An academic institution or foreign talent recruitment program on the lists developed under paragraphs (8) and (9) of Section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232).
▼   What is not a Foreign Talent Recruitment Program?

A foreign talent recruitment program does not include the following international collaboration activities, so long as the activity is not funded, organized, or managed by an academic institution or a foreign talent recruitment program on the lists developed under paragraphs (8) and (9) of Section 12(c) of the National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232):

  1. Making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
  2. Participating 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;
  3. Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request; and
  4. Responsible international collaboration with institutions and scholars, including those in countries of concern. For more information about what is not considered a malign foreign talent program, please see the Office of Science and Technology Policy’s February 2024 Memo on MFTRPs.

 

Currently there is no due process to challenge such a determination or a limit to the time interval imposed.

Past associations may also be concerning to the U.S. government, and participation in some foreign talent recruitment programs has led to criminal investigation and/or loss of employment.