Research security

Foreign talent recruitment programs

In accordance with Section 10631(b) of the CHIPS and Science Act of 2022 (“the Act”),  the White House Office of Science and Technology Policy (OSTP) published Guidelines for Federal Research Agencies Regarding Foreign Talent Recruitment Programs dated February 14, 2024.  These guidelines were developed in coordination with an interagency working group to define Foreign Talent Recruitment Program for federal funding agencies.

Definitions:

Foreign Talent Recruitment Program is 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.

With respect to a Malign Foreign Talent Recruitment Program, it is it is a FTRP program (as defined below)—

  1. 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 —
    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. And
  2. A program that is sponsored by —
    1. 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;
    2. 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
    3. 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. 2358note; 1 Public Law 115–232).

The following are not considered malign foreign talent recruitment programs unless such activities are 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 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):

  1. making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
  2. 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;
  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.

NOTE:  Although the list is maintained by the Department of Defense, it applies to all federally sponsored research discussed here.

Policy disclosure:

ASU Research and Sponsored Projects Policy (RSP) 215 requires that all persons who are responsible for the design, conduct or reporting of a federally funded research project: (i) to disclose if they are party to a FTRP; and (ii) to certify at proposal, and annually for the duration of the award, that they are not party to a Malign FTRP.

Disclosure is to be made in the ERA MyDisclosures module and to federal sponsors in proposal Biosketches and Current & Pending/Other Support.

The federal government considers FTRP participation when deciding to award funding. Failure to disclose participation in a FTRP could result in the denial of federal funding and legal action by the US Government against researchers who are engaged in federally sponsored research.

Contact [email protected] for assistance with determining if your activities or relationships may be a foreign government talent recruitment program and for the disclosure of these activities.