Malign Foreign Talent Recruitment Programs

Malign Foreign Talent Recruitment Programs (MFTRP)

As required by §10631 of the CHIPS and Science Act of 2022, the White House Office of Science and Technology Policy has published policy guidelines requiring Federal research agencies to prohibit "covered individuals" from participating in a Malign Foreign Talent Recruitment Program (MFTRP).

The DoD released their policy,  Countering Unwanted Foreign Influence in Department-Funded Research at Institutions of Higher Education, on June 29, 2023. Per policy, beginning August 9th, 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 recruitment programs pursuant to §10632 of the CHIPS and Science Act of 2022.

IU Policy UA-17, Conflicts of Interest and Commitment prohibits participation in an MFTRP by all: (1) university faculty; (2) university staff; and (3) students and other individuals engaged in the performance of, or who will be engaged in the performance of, if awarded, sponsored research or activity.

Who are "covered individuals"?

§10638 of the Act defines a "covered individual" as an individual who

  • contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and
  • is designated as a covered individual by the Federal research agency concerned.

Federal funding agencies also have the latitude to expand the definition of "covered individuals" as appropriate and consistent with their mission.

Category A – Sponsored by a Foreign Country of Concern

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). Foreign Countries of Concern currently include:

  • The People's Republic of China
  • The Democratic People's Republic of Korea (North Korea)
  • The Russian Federation
  • The Islamic Republic of Iran
  • an academic institution or foreign talent recruitment program on the list developed under §1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

Category B – Compensation or Remuneration

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

Category C – Problematic Obligations or Activities

Compensation or remuneration is provided to the individual in exchange for:

  • 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.