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Foreign Talent Recruitment Programs – Reporting and Restrictions

Used and adapted with permission from the University of Minnesota

Introduction

Iowa State University values international collaboration, research, and scholarship. Disclosing these collaborations is becoming more important and the Office of Research Ethics stands ready to assist researchers in their understanding of how and where to disclose these important collaborations.

One type of collaboration that warrants careful consideration, mitigation, and–in some cases–complete avoidance is participation in foreign talent recruitment programs (FTRPs). Congress, the Federal Bureau of Investigation, and other government organizations view aspects of certain FTRPs as threats to the integrity and security of the national research enterprise. The CHIPS and Science Act (the C&S Act) directs federal research sponsors to maintain policies that

  • require covered individuals to disclose all participation in FTRPs, and
  • prohibit recipients of federal support from participating in any malign FTRPs (MFTRPs).

The National Science Foundation, National Institutes of Health, Department of Defense, and other agencies started rolling these policies out in 2023 and 2024. The Department of Energy has tightly restricted talent program participation since 2019 with DoE Order 486.1A (updated 2020).

Foreign Talent Recruitment Program Definition

The White House Office for Science and Technology Policy (OSTP) defines an FTRP 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.

Some activities that do not constitute an FTRP include making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under U.S. law, and participating in international conferences and research projects or other programs that involve open and reciprocal exchanges of scientific information.

Malign Foreign Talent Recruitment Program (MFTRP) Definition

The CHIPS & Science Act provides a definition of MFTRP 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 the targeted individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue, in exchange for the individual-
    • 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;
    • being required to recruit trainees or researchers to enroll in such program, position, or activity;
    • 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;
    • being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
    • 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;
    • 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;
    • 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;
    • 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
    • having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award; and
  • a program that is sponsored by—
    • 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; or
    • an academic institution on the list developed under section 1286(c)(8) of the John McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232); or
    • 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. 4001 note; Public Law 115-232).”

Prohibition on Participation in MFTRPs

PIs and key research personnel receiving federal support are prohibited from participating in an MFTRP by the C&S Act. Grant and contract proposals to federal sponsors will need to include individual certifications that covered personnel are not involved in MFTRPs, as well as institutional certifications that covered personnel have been made aware of the MFTRP prohibition.

Required Disclosure to Sponsors

The C&S Act requires OSTP and federal research agencies to implement policies requiring all PIs and senior/key personnel to disclose FTRP participation in the appropriate federal forms (Current and Pending/Other Support, Biosketches, etc.). In practice, this means that foreign appointments are required to be included in Biosketches, and any form of compensation, in-kind or funded research support, or resource provided by the foreign entity must be included in the Current and Pending/Other Support form. Many agencies already have this requirement, or something very similar, so the impact on researchers should be minimal, provided that they are already aware of and complying with the requirements. It is critical that personnel provide complete and accurate information about involvement in any FTRPs, per agency rules.

University Disclosures

Disclosure and transparency are paramount not only to federal agencies but also to the University. Disclosures to ISU about foreign collaborations are made through ISU’s Conflict of Interest and Commitment disclosure process.

Questions

Please contact the Conflict of Interest and Commitment Program staff (coi@iastate.edu) if you have any questions about talent programs and disclosure requirements.