A 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.

1. Making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
2. Participating 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; and
4. Engaging in the following international activities:
   • Activities that are partly sponsored or otherwise supported by the United States such as serving as a government appointee to the board of a joint scientific fund (e.g., the US- Israel Binational Industrial Research and Development Foundation); providing advice to or otherwise participating in international technical organizations, multilateral scientific organizations, and standards setting bodies (e.g., the International Telecommunications Union, Intergovernmental Panel on Climate Change, etc.); participating in a Fulbright Commission program funded in whole or in part by a host country government; or other routine international scientific exchanges and interactions such as providing invited lectures or participating in international peer review panels.
   • Involvement in national or international academies or professional societies that produce publications in the open scientific literature that are not in conflict with the interests of the federal research agency (e.g., membership in the Pontifical Academy of Sciences or The Royal Society).
   • Taking a sabbatical, serving as a visiting scholar, or engaging in continuing education activities such as receiving a doctorate or professional certification at an institution of higher education (e.g., the University of Oxford, McGill University) that are not in conflict with the interests of the federal research agency.
   • Receiving awards for research and development which serve to enhance the prestige of the federal research agency (e.g., the Nobel Prize).
   • Other international activities determined appropriate by the federal research agency head or designee.

To paraphrase,** the CHIPS and Science Act and the OSTP guidelines define a Malign Foreign Talent Recruitment Program as:

A.

Any program, position or activity compensated with cash or in-kind compensation such as complimentary foreign travel, honorific titles, career advancement opportunities, where the compensation is in exchange for one or more of the following:

1. Unauthorized transfer of intellectual property, materials, data products, or other nonpublic information developed through U.S. federal funding to a foreign government or entity affiliated with a foreign country;
2. Being required to recruit trainees or researchers to participate in the program or activity;
3. Establishing a lab or company or accepting a faculty position or other employment if these activities are in violation of standard terms and conditions of a federal award;
4. Being unable to terminate the contract except in extraordinary circumstances;
5. Requiring commitments that limit the capacity to carry out a U.S. federal award or would result in substantial overlap or duplication;
6. Being required to apply for or successfully receive funding from the sponsoring foreign government’s funding agencies, with the foreign organization as the recipient;
7. Being required to omit acknowledgement of the recipient institution or the U.S. federal research agency sponsor, contrary to institutional policies or standard award terms and conditions;
8. Being required to withhold information about participation in the program and not to disclose it to the U.S. funding agency or to Boston University; OR
9. Having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the award.

AND

B.

1. A foreign country of concern*** (“FCOC”) or an entity based in a FCOC, whether or not directly sponsored by the FCOC.
2. An academic institution on the John S. McCain National Defense Authorization Act (NDDA) for Fiscal Year 2019 (Public Law 115-232), Section 1286(c)(8) List (download); or
3. A foreign talent recruitment program on the NDAA 2019 Section 1286(c)(9) List.

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.

The following have been identified by DOD as, “Foreign Talent Programs that Pose a Threat to National Security Interests of the United States”. Participating in one of these programs after August 9, 2024 is a “prohibited factor” per DOD, and will limit DOD funding:

1. Changjiang Scholar Distinguished Professorship
2. Hundred Talents Plan
3. Pearl River Talent Program
4. Project 5-100
5. River Talents Plan
6. Thousand Talents Plan

Distinguishing features of a foreign government talent recruitment program include:

1. Compensation provided by the foreign state to the targeted individual in exchange for the individual transferring their knowledge and expertise to the foreign country. The compensation can take several forms, such as cash, research funding, honorific titles, career advancement opportunities, promised future compensation, or other types of remuneration or other consideration.
2. Recruitment in this context refers to the foreign-state-sponsor’s active engagement in attracting the targeted individual to join the foreign-sponsored program and transfer their knowledge and expertise to the foreign state. The targeted individual may be employed and located in the US, or in the foreign state. Recruitment would not necessarily include any invitation for engagement extended by the foreign state, for example, an invitation to attend or present work at an international conference.
3. Many, but not all, programs aim to incentivize the targeted individual to physically relocate to the foreign state. Of particular concern are those programs that allow for continued employment at U.S. research facilities or receipt of DOE research funds while concurrently receiving compensation from the foreign state.

For more information, see the DOE order (DOE O 486.1) implementing this requirement or the Office of Science Laboratory Policy, Science and Security.

The intent of this notice is to remind the extramural community about the need to report foreign activities through documentation of other support, foreign components, and financial conflict of interest to prevent scientific, budgetary, or commitment overlap. NIH has long required full transparency for all research activities both domestic and foreign and does not consider these clarifications to be changes in policy.

NIH reminds applicants and recipients that other support includes all resources made available to a researcher in support of and/or related to all their research endeavors, regardless of whether they have monetary value and regardless of whether they are based at the institution the researcher identifies for the current grant. This includes resources and/or financial support from all foreign and domestic entities, including but not limited to, financial support for laboratory personnel, and provision of high-value materials that are not freely available (e.g., biologics, chemical, model systems, technology, etc.).

NIH applicants must:

1. List all positions and scientific appointments both domestic and foreign held by senior/key personnel that are relevant to an application including affiliations with foreign entities or governments. This includes titled academic, professional, or institutional appointments whether or not remuneration is received, and whether full-time, part-time, or voluntary (including adjunct, visiting, or honorary).
2. Report all resources and other support for all individuals designated in an application as senior/key personnel including for the program director/principal investigator (PD/PI) and for other individuals who contribute to the scientific development or execution of a project in a substantive, measurable way, whether or not they request salaries or compensation. Information must be provided about all current support for ongoing projects, irrespective of whether such support is provided through the applicant organization, through another domestic or foreign organization, or is provided directly to an individual that supports the senior/key personnel’s research efforts.
3. Report all current projects and activities that involve senior/key personnel, even if the support received is only in-kind (e.g. office/laboratory space, equipment, supplies, employees). All research resources including, but not limited to, foreign financial support, research or laboratory personnel, lab space, scientific materials, selection to a foreign talents or similar-type program, or other foreign or domestic support must be reported.
4. Provide the total award amount for the entire award period covered (including facilities and administrative costs), as well as the number of person-months (or partial person-months) per year to be devoted to the project by the senior/key personnel involved.

NIH specifically calls for the disclosure of “current or pending participation in, or applications to, programs sponsored by foreign governments, instrumentalities, or entities, including foreign government-sponsored talent recruitment programs” in SBIR/STTR Biographical Sketch and Other Support, but participation does not necessarily preclude award. See NOT-OD-23-139 and the NIH Foreign Interference Website.

• On all NSF proposals submitted or due on or after May 20, 2024, all senior/key personnel will be required to certify in the Common Form that they are not a party to an MFTRP at the time of proposal.
• PIs and Co-PIs will be required to certify annually for the life of the award thereafter.
• In addition, the Authorized Organization Representative (i.e., the person who submits your proposals) must certify at time of proposal that all individuals identified as senior/key personnel have been made aware of the prohibition of participation in MFTRPs and have complied with their responsibility.

Like DOD, NSF is developing a risk rubric to be used for proposal decisions and risk mitigation. The link to the rubric will be posted on this webpage once released by NSF.

• Individuals who are a current party to a Malign Foreign Talent Recruitment Program are not eligible to serve as a senior/key person on a NSF proposal or on any NSF award made after May 20, 2024.
• Beginning August 9, 2024, DOD is prohibited from providing funding or to making an award of a fundamental research project in which a covered individual is participating in a MFTRP.
• NSF will require MFTRP certification for all proposals submitted or due on or after May 20, 2024.
• DOD will require MFTRP certification on August 9, 2024.
• Although other federal agencies have not yet published their timelines for this certification, the certification has been added to the US government’s common disclosure forms for “Current and Pending (Other) Support Information” and “Biographical Sketch.”**** and each agency must submit a plan for implementing these forms to OSTP by May 14, 2024. NIH has announced adoption of these forms, and therefore, the certification, effective January 2025.

Specifically: (as defined by Section 10638(4) of the CHIPS and Science Act of 2022)

“A malign foreign talent recruitment program is:

1. 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. 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).”

The complete definition of MFTRP and characteristics of such programs can be found in the Office of Science and Technology Policy (OSTP) Memorandum of February 14, 2024, titled Guidelines for Federal Research Agencies Regarding Foreign Talent Recruitment Programs. The definition in this OSTP Memorandum is identical to the definition in the CHIPS and Science Act of 2022.

1. You are being compensated, in any form, for participating in a program of a foreign country; AND
2. The compensation is being paid/offered by China, Russia, Iran or North Korea; OR an entity based in one of those countries; OR an academic institution  or a foreign talent recruitment program identified by the Dept. of Defense here on pages 18-21; AND
3. The compensation is in exchange for you-
   1. Recruiting others (trainees, researchers, speakers, etc.) to participate in a talent recruitment program with a foreign entity;
   2. Holding a position, an appointment, a laboratory, or a company in a foreign country;
   3. Engaging in a contract/agreement where termination is not an option or is difficult;
   4. Transferring, without authorization, Intellectual Property, materials, data or nonpublic information;
   5. Engaging in work for or in another country that overlaps with US Federal dollars;
   6. Applying for or receiving funding from a sponsoring foreign entity where you did not engage Sponsored Programs;
   7. Omitting a recipient affiliation or being told/required to make omissions; OR
   8. Concealing program participation in any way

The following flow chart may be useful in your assessment:

• Changjiang Scholar Distinguished Professorship
• Hundred Talents Program
• Pearl River Talent Program
• Project 5-100
• River Talents Plan
• Thousand Talents Plan

The list can be found here at page 21.

Biographical Sketch:

Each senior/key person is required to complete the following certifications regarding the information provided in their Biographical Sketch: I certify that the information provided is current, accurate, and complete. This includes but is not limited to information related to domestic and foreign appointments and positions. I also certify that, at the time of submission, I am not a party to a malign foreign talent recruitment program. Misrepresentations and/or omissions may be subject to prosecution and liability pursuant to, but not limited to, 18 U.S.C. §§ 287, 1001, 1031 and 31 U.S.C. §§ 3729-3733 and 3802.

Current and Pending (Other) Support:

Each senior/key person is required to complete the following certifications regarding the information provided in their Current and Pending (Other) Support: I certify that the information provided is current, accurate, and complete. This includes, but is not limited to, information related to current, pending, and other support (both foreign and domestic) as defined in 42 U.S.C. §6605. I also certify that, at the time of submission, I am not a party in a malign foreign talent recruitment program. Misrepresentations and/or omissions may be subject to prosecution and liability pursuant to, but not limited to, 18 U.S.C. §§287, 1001, 1031 and 31 U.S.C. §§3729-3733 and 3802.

The NSF Biographical Sketch and Current and Pending (Other) Support forms (the Common Forms) include the certification as part of the submission process in the Science Experts Network Curriculum Vitae (SciENcv) which is currently mandated by the National Science Foundation (NSF), and recommended for use by other funding agencies.

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.

1. * Section 10638 of the Act defines “covered individual” as “an individual who (A) 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 (B) is designated as a covered individual by the Federal research agency concerned.” Agencies may also define other individuals as covered persons as appropriate and consistent with their mission.
2. ** The CHIPS and Science Act exact definition of Malign Foreign Talent Recruitment Program can be found in Sec. 10638 (4).
3. *** The term foreign country of concern means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, or the Islamic Republic of Iran.
4. **** On February 14, 2024, The Office of Science and Technology Policies (OSTP) issued Policy Regarding Use of Common Disclosure Forms for the “Biographical Sketch” and the “Current and Pending (Other) Support” Sections of Applications by Federal Research Funding Agencies. This policy requires federal research funding agencies to use the NSF common disclosure forms for the Biographical Sketch and the Current and Pending (Other) Support portions of funding application packages for grants and cooperative agreements and provides that the Common Forms will replace other forms that agencies currently use to disclose biographical sketch, and current and pending (other) support information, when applicants apply for federal research funding. Although there may be circumstances where agencies choose not to use the Common Forms, deviation from the common disclosure forms will require United States Office of Management and Budget (OMB) review and clearance. The policy requires each federal funding agency with an annual extramural research expenditure of over $100,000,000 to submit a plan to implement use of the Common Forms to OSTP by May 14, 2024