Foreign Talent Recruitment Programs

The United States government has become increasingly concerned about foreign government efforts to obtain technology from U.S. research and development activities. The loss of technology, particularly military technology, is a threat to national security. However, even the loss of non-military technologies can impact U.S. economic security, which is related to national security.   

Foreign government-sponsored talent recruitment programs are initiatives designed to attract skilled individuals from abroad to foster economic growth in the host country by acquiring proprietary technology or software, unpublished data, and intellectual property. Many programs use legitimate means to attract science and technology professors, researchers, academics, and possibly students. Some offer research fellowships and grants to incentivize researchers to relocate to the host country.   

However, some programs require participation in activities that create conflicts of interest and / or commitment. Some activities are unethical or even illegal. These types of talent recruitment programs are of the most concern and are considered to be “malign foreign talent recruitment programs” (MFTRPs).The Chips & Science Act of 2022 prohibits participation in foreign talent recruitment program by personnel of Federal research agencies and prohibits participation in a malign foreign talent recruitment program by covered individuals involved with research and development awards from those. Currently, this involves China including Hong Kong, North Korea, Russia, Iran or entities in those countries.  

Texas State, in accordance with Section 10638(4)(a)(i-ix) of the CHIPS and Science Act of 2022 and GA-48, expressly prohibits University researchers, faculty, staff, and students from participation with a malign foreign recruitment or malign foreign talent like recruitment programs.  

Expand FAQ List

  • A foreign talent recruitment program is malign if it falls under the “Country of Concern” and offers you any of the type of compensation. 

    Talent recruitment programs sponsored by or located in any country deemed a “country of concern” by the U.S. government is an MFTRP. Currently that includes: 

    • The People’s Republic of China 
    • The Democratic People’s Republic of Korea (i.e., North Korea) 
    • The Russian Federation 
    • The Islamic Republic of Iran 

    Any academic institution and foreign talent recruitment program on the lists created under sections 1286(c)(8) and 1286(c)(9) of the National Defense Authorization Act of 2019. A current list can be found on pages 18-21 of the document, “Countering Unwanted Foreign Influence in Department Funded Research at Institutions of Higher Education,” published by the Department of Defense on June 29, 2023. 

    A foreign state entity from above that offers you any of the types of compensation in the “Compensation” section for performing one or more activities in the “Problematic Obligations or Activities” section is an MFTRP per the CHIPS and Science Act of 2022. 

    Compensation 

    • Cash 
    • In-kind compensation, including research funding 
    • Promise of future compensation 
    • Complimentary foreign travel 
    • Things of non de minimis value 
    • Honorific titles 
    • Career advancement opportunities 
    • Other types of remuneration or consideration 

    Problematic Obligations or Activities 

    • Unauthorized transfer of intellectual property, materials, data, or other nonpublic information. 
    • Recruitment of trainees or researchers to enroll in such program, position, or activity. 
    • Establishing a lab or forming a company in a foreign country in violation of terms and conditions of a federal research award 
    • Accepting a faculty position or undertaking any other employment or appointment in violation of terms and conditions of a federal research award 
    • Signing a contract or agreement which you are unable to terminate except in extraordinary circumstances. 
    • Committing a specified amount of time to work for the foreign institution. 
    • Engaging in work that overlaps or duplicates a federal research award. 
    • Applying for or receiving research funding from the foreign government that would be awarded to the foreign institution. 
    • Requirement to omit acknowledgement of the foreign institution, or any U.S. federal research sponsors. 
    • Requirement to not disclose participation in the program, position, or activity to Penn State or the U.S. federal government. 
    • Having a conflict of interest or commitment contrary to a federal research award. 

    If you are unsure whether your program meets the definition of an MFTRP, contact Sean Rubino, Director, Research Integrity and Compliance (srubino@txstate.edu). 

    The following federal agencies have implemented policies to comply with the CHIPS and Science Act of 2022. The effective dates for each of these agencies is provided below.  

    Federal Government and University Expectations Regarding Disclosure and Reporting

    Open scientific and scholarly collaboration between scholars from all over the world is one of the cornerstones of innovation and technological advancement, and Texas State remains committed to fostering such collaboration. However, disclosure and transparency regarding international collaborations and relationships are vital not only to federal sponsors, but also to the University thorough its significant financial interest disclosure processes. 

  • The following are not considered malign foreign talent research activities:   

    (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.  

  • In addition to prohibiting participation in MFTRPs, the CHIPS Act requires that federally funded researchers disclose participation in any FTRP, regardless of the country involved. The Office of Science and Technology Policy ( Office of Science Laboratory Policy, Science and Security) defines an FTRP as follows:  

    “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 purpose. 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 remuneration or consideration, including in-kind compensation.”  

  • All individuals designated as principal investigator, co-investigator, or senior/key personnel on federal or state proposals must certify that they are not a party to a malign foreign talent recruitment program.    

    Individuals who are engaged in a Malign Foreign Talent Recruitment Program are not eligible to serve as a senior/key person on a federal proposal.   

    This new certification is provided separately for everyone designated as senior/key personnel on the proposal.  

    Prior to making funding recommendations, the NSF program officer will request updated versions of the Current and Pending (Other) Support be submitted via Research.gov.  

    Re-certification is required annually thereafter for the duration of the award. Updated Current and Pending (Other) Support must be disclosed to NSF when annual and final progress reports are submitted.  

  • Individuals are required to completely and accurately disclosure all foreign relationships on the Significant Financial Interest (SFI) Annual Disclosure. Information on your SFI Annual Disclosure should match what is being reported and certified to NSF via the SciENcv  documents.  

     Anyone who has been approached with an opportunity to join a MFTRP or is unsure whether they are involved in a MFTRP should request a foreign influence consultation with Research Integrity and Compliance (RIC).  

  • Department of Defense (DOD)  

    Beginning August 9, 2024, the DOD is prohibited from providing funding to or making an award of a fundamental research project proposal in which a covered individual is participating in a malign foreign talent recruitment program or to a proposing institution that does not have a policy addressing malign foreign talent programs pursuant to Section 10632 of the CHIPS and Science Act of 2022. DOD”s risk evaluation matrix also meets one or more of the criteria in Part A of the CHIPS Act definition of MNFTRP mentioned in section titled “DEFINITIONS”.  The DOD review may include risk mitigation, and if mitigation is not possible, the proposal is rejected.  

    Prior to August 2024, as part of the annual disclosure process and the disclosure process prior to accepting an award, covered individuals must certify that they are not associated with a Malign Foreign Talent Recruitment Program.  

    Department of Energy (DOE)  

    On September 4, 2020, the DOE issued the DOE Order 486.1 that prohibits DOE employees, contractors, and certain subcontractors from currently or in the future participating in foreign talent recruitment programs of countries determined sensitive by DOE. All DOE contracts require disclosure of investigators’ affiliations, if any, with MFNTRP in certain countries.  This requirement also requires subcontracts to TXSU that involve work by a TXSU researcher at a DOE or contractor facility. DOE Order 486.1A 

    National Institutes of Health (NIH)  

    NIH announced that effective January 2025, as stated in  NOT-OD-19-114. 

    It will adopt the Common Forms for the Biographical Sketch and Current and Pending (Other Support), which include the certification of non-participation in MFTRPs. Presently, participation in MFTRPs is not explicitly prohibited, but foreign activities must be disclosed and certified as true in Other Support. This notice is a reminder to extramural community NIH's long required full transparency for all NIH funded research activities conducted anywhere about the need to report foreign activities through documentation of other support, foreign components, and financial conflict of interest to prevent scientific, budgetary, or commitment overlap. According to this notice, all NIH applicants must:   

    • List all positions and scientific appointments both domestic and foreign held by senior/key personnel that are relevant to an application including affiliations with foreign entities or governments. This includes titled academic, professional, or institutional appointments whether or not remuneration is received, and whether full-time, part-time, or voluntary (including adjunct, visiting, or honorary).   
    • Report all resources and other support for all individuals designated in an application as senior/key personnel including for the program director/principal investigator (PD/PI) and for other individuals who contribute to the scientific development or execution of a project in a substantive, measurable way, whether or not they request salaries or compensation. Information must be provided about all current support for ongoing projects, irrespective of whether such support is provided through the applicant organization, through another domestic or foreign organization, or is provided directly to an individual that supports the senior/key personnel’s research efforts.  
    • Report all current projects and activities that involve senior/key personnel, even if the support received is only in-kind (e.g., office/laboratory space, equipment, supplies, employees). All research resources including, but not limited to, foreign financial support, research or laboratory personnel, lab space, scientific materials, selection to a foreign talents or similar-type program, or other foreign or domestic support must be reported.   
    • Provide the total award amount for the entire award period covered (including facilities and administrative costs), as well as the number of person-months (or partial person-months) per year to be devoted to the project by the senior/key personnel involved.  

    NIH specifically calls for the disclosure of “current or pending participation in, or applications to, programs sponsored by foreign governments, instrumentalities, or entities, including foreign government-sponsored talent recruitment programs” in SBIR/STTR Biographical Sketch and Other Support, but participation does not necessarily preclude award. See NOT-OD-23-139 and the NIH Foreign Interference Website.  

  • NIH requires recipients to determine whether activities it supports include a foreign component, defined as: The existence of any significant scientific element or segment of a project outside of the United States, in other words  

    • Performance of work by a researcher or recipient in a foreign location, whether or not  NIH grant funds are expended and/or  
    • Performance of work by a researcher in a foreign location employed or paid for by a foreign organization, whether or not NIH grant funds are expended.  

    If a recipient determines that a portion of the project will be conducted outside of the U.S., the recipient then will need to determine if the activities are considered significant. If both criteria are met, then there is a foreign component. To aide with what may be considered significant, click on the FAQ link below. The addition of a foreign component to an ongoing NIH grant continues to require NIH prior approval, as outlined in the NIHGPS, Section 8.1.2, Prior Approval Requirements.  

    If an activity does not meet the definition of foreign component because all research is being conducted within the United States, but there is a non-U.S. resource that supports the research of an investigator and/or researcher, it must be reported as other support.  

    For example, if a PD/PI of an NIH-funded grant has a collaborator outside of the U.S. who performs experiments in support of the PD/PI’s NIH-funded project, this would constitute a foreign component, regardless of whether the foreign collaborator receives funding from the PD/PI’s grant. Additional funding from a foreign source for the NIH-supported research of a PD/PI at a U.S. institution would not constitute a foreign component but would necessitate reporting as other support.  

  • This notice also reminds the extramural community of the requirements in 42 CFR Part 50, Subpart F, Objectivity of Research. This regulation, also known as the FCOI regulation, specifies the minimum requirements for investigators to disclose to their institution their significant financial interests. As outlined previously in NOT-OD-18-160, the requirement to disclose includes financial interests received from a foreign entity. This requirement is distinct and in addition to the reporting of other support and foreign components to the NIH.  

    The FCOI regulation acknowledges that an applicant/recipient’s policy on financial conflicts of interest may have standards that are more stringent than those in the regulation, e.g., that require a more extensive disclosure of financial interests, in which case the institution shall adhere to its policy and shall provide FCOI reports to NIH regarding identified financial conflicts of interest in accordance with its own standards and with the protocol specified in the regulation.