Malign Foreign Talent Recruitment Program (MFTRP)

A new Interim SAM (SAM 01.G.04) on Participation in Foreign Talent Recruitment Programs was approved on May 7, 2024.

The Chips & Science Act of 2022 prohibits participation in any 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 agencies. The definition of MFTRPs is below. If you are unsure whether your program meets the definition of an MFTRP, contact Angelica Grado-Wright, J.D., Export Control Officer in the Office of Compliance and Ethics (amgradow@Central.UH.EDU).

Federal agencies are implementing policies to comply with the C&S Act:

Department of Defense

Beginning August 9, 2024, the Department of Defense 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. Prior to August 2024, the University of Houston will implement a policy that prohibits any association of covered individuals with Malign Foreign Talent Recruitment Programs. 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.

NSF Prohibition on Participation in Malign Foreign Talent Recruitment Programs (MFTRPs)

The National Science Foundation (NSF) revised Proposal and Award Policies and Procedures Guide (PAPPG) went into effect on May 20, 2024. It includes the definition of Malign Foreign Talent Recruitment Programs and explicitly prohibits the participation of senior personnel in MFTRPs. All senior personnel will be required to certify prior to proposal submission that they are not party to an MFTRP. In addition, the Authorized Organization Representative (i.e., the person who submits your proposals) will need to certify that all senior personnel associated with the proposal have been made aware of and have complied with their responsibility under that section to certify that they are not a party to a malign foreign talent recruitment program.

Department of Energy

In June 2019, 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, such as China’s Thousand Talents programs.

Other Federal Agencies

Starting August 9, 2024, all other federal agencies will prohibit participation in a malign foreign talent recruitment program by covered individuals involved with research and development awards from those agencies.

Definition of MFTRPs According to the C&S Act of 2022

Malign Foreign Talent Recruitment Programs are defined in the Chips & Science Act of 2022: (A) 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—

(i) 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;

(ii) being required to recruit trainees or researchers to enroll in such program, position, or activity;

(iii) 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;

(iv) being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;

(v) 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;

(vi) 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;

(vii) 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;

(viii) 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

(ix) having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award. And,

(B) A program that is sponsored by—

(i) 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;

(ii) 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

(iii) 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. 2358 note; 1 Public Law 115–232 ).

The following are not considered malign foreign talent programs:

(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.

Division of Research

Research Security