Adapted with Permission from University of Minnesota.

Introduction  

MSU’s mission is to advance knowledge and transform lives by advancing outreach and engagement, and this includes international engagement. MSU supports international academic exchanges and collaboration with international research partners; and transparency in reporting these types of international collaborations is becoming increasingly important. Participation in a Foreign Talent Recruitment Programs (FTRPs) can also involve certain risks that warrant careful consideration and mitigation. Congress, the Federal Bureau of Investigation, and other government organizations may view certain aspects 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 

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

International Collaboration

MSU values its international collaborators and inter-institutional affiliations. Preservation of important international relationships will be facilitated by our careful attention to federal requirements of transparency in research and related activity. Additionally, Section 10632 of the C&S Act requires that agency policies on malign foreign talent recruitment programs “shall not prohibit” the international collaboration activities that are specified in that statute. 

Foreign Talent Recruitment Program (FTRP) Definition

The C&S Act does not include a definition of an FTRP, instead the White House Office for Science and Technology Policy (OSTP) has released a memo titled “Guidelines for Federal Research Agencies Regarding Foreign Talent Recruitment Programs” that defines a FTRP as follows: 

The OSTP memo lists examples of unfunded international collaborations that do not fall within the definition of Foreign Talent Recruitment Programs. 

Malign Foreign Talent Recruitment Program Definition

The C&S Act defines "Malign Foreign Talent Recruitment Programs" (MFTRP) as: 

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; or
   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. 4001 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. 4001 note; Public Law 115-232).” 

This chart may assist with understanding the definition of MFTRP.

Required Disclosure to Sponsors of Participation in Foreign Talent Recruitment Programs

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 international appointments are required to be included in Biosketches, and any form of compensation, in-kind or funded research support, or resource provided by the international 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. 

Prohibition on Participation in MFTRPs

The C&S Act directs each federal research agency to establish a policy that disqualifies PIs and senior/key personnel from receiving federal support if they are participating in a MFTRP. Soon, grant and contract proposals will require 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.

MSU Policy Prohibiting Participation in Malign Foreign Talent Recruitment Programs

Michigan State University was required to develop a policy addressing these programs and prohibiting participation by “Covered Individuals” no later than August 9, 2024. In response, the following policy was developed: Prohibition of Participation in Malign Foreign Talent Recruitment Programs 

Questions About Foreign Talent Programs

Please contact MSU’s Talent Program Resource at ORI.TalentPrograms@msu.edu with specific questions about talent programs, relevant University policies, and related federal government rules and expectations.  

Additional resources

• Countering Unwanted Foreign Influence in Department-Funded Research at Institutions of Higher Education, Department of Defense, June 2023. 
• Recommended Practices for Strengthening the Security and Integrity of America’s Science and Technology Research Enterprise, Joint Committee on the Research Environment, National Science and Technology Council, January 2021. 
• Foreign Government-Sponsored Talent Recruitment Plans, such as China’s Talent Plans, Incentivize Economic Espionage and Theft of Trade Secrets, Federal Bureau of Investigation, July 2020.