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Foreign Talent Recruitment Programs

The Office of Science and Technology Policy defines a Foreign Talent Recruitment Program 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 foreign governments have attempted to violate U.S. research integrity principles through foreign talent recruitment programs. However, it’s important to distinguish between foreign talent recruitment programs that follow U.S. research integrity principles and those that do not. 

Defining a Malign Foreign Talent Recruitment Program

Foreign Talent Recruitment Programs funded by a government or entity in China, Russia, Iran, or North Korea are presumed to be Malign Foreign Talent Recruitment Programs (MFTRP) when one or more of the following requirements are present:

  • Requires the unauthorized transfer of IP, materials, data products or other nonpublic information owned by a U.S. entity or developed with a federal research and development (R&D) award to a foreign government or entity;
  • Requires the recruitment of trainees or researchers to enroll in the program;
  • Requires the individual to establish a lab or company, or accept a faculty position or other appointment or employment in the foreign country when the activities are in violation of standard federal R&D terms and conditions;
  • Prevents the individual from terminating the talent program contract or agreement except in extraordinary circumstances;
  • Limits the individual's capacity to carry out a federally funded R&D award, or requires the individual to duplicate a federal R&D award;
  • Requires the individual to apply for funding from the foreign government with the sponsoring foreign organization as the recipient;
  • Requires individual to omit acknowledgment of Pitt or the federal research agency sponsoring the R&D award;
  • Requires the individual to omit the talent program from required federal or Pitt disclosures practices;
  • Requires the individual to maintain a conflict of interest or conflict of commitment contrary to the standard terms and conditions of a federal R&D award.

In addition, activities organized or managed by an academic institution or a foreign talent recruitment program on the lists (please see the NDAA Section 1286 List below) developed under paragraphs (8) and (9) of Section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232) are also considered to be Malign Foreign Talent Recruitment Programs. 

Please note that Malign Foreign Talent Recruitment Programs can be sponsored by any foreign country or entity in a foreign country.  If you suspect you have been contacted by or become associated with a MFTRP, please contact Researchsecurity@pitt.edu or Allen A. DiPalma at dipalma@pitt.edu.
Consequences of Participating in a Malign Foreign Talent Recruitment Program

The CHIPS and Science Act requires federal agencies to create policies that prohibit Covered Personnel (Key Personnel) from participating in Malign Foreign Talent Recruitment Programs while also participating in a federally funded research and development project.  OSTP recently provided guidance to federal agencies directing them to implement these prohibitions.  The OSTP guidance includes the following statement:

 “Section 10633 provides that federal research agencies may request supporting documentation from applicants and take a range of funding related actions if warranted.” 

University of Pittsburgh researchers should be aware of this prohibition and their obligation to disclose participation in any Foreign Talent Recruitment Program to both the University of Pittsburgh as part of the conflict of interest disclosure process and to federal agencies through their disclosure requirements.  Failure to do so may result in both internal discipline as well as removal from a federally funded research and development project.  

If you suspect you have been contacted by or become associated with a MFTRP, please contact Researchsecurity@pitt.edu or Allen A. DiPalma at dipalma@pitt.edu.

Activities Not Considered Malign Foreign Talent Recruitment Programs

The Office of Science and Technology Policy provided the following examples of what is not considered a MFTRP so long as the activity is not funded, organized, or managed by an academic institution or a foreign talent recruitment program on the lists developed under paragraphs (8) and (9) of Section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232):

  • Making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
  • 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;
  • 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
  • Engaging in any of 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 U.S.- 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.
Federal Agency Disclosure Requirements for Foreign Talent Recruitment Programs

Recent OSTP guidance contains the following CHIPS and Science Act requirement for disclosure of participation in Foreign Talent Recruitment Programs:

“Sections 10631 and 10632 of the (CHIPS and Science) Act provide for covered individuals to disclose if they are a party to any foreign talent recruitment program, and to certify that they are not a party to a malign foreign talent recruitment program.”

University of Pittsburgh researchers who are named as covered individuals (Key Personnel, Senior Personnel) on federal R&D applications must disclose their participation in all foreign talent recruitment programs through the appropriate federal application form (Current/Pending Other Support, Biosketches, etc.) and certify that they are not a party to a Malign Foreign Talent Recruitment Program.  The University must then certify to federal agencies as part of the application process through the Office of Sponsored Programs that none of its covered personnel listed on a federal R&D application is participating in a malign foreign talent recruitment program.  Covered personnel are also reminded that related benefits from these programs such as a foreign appointment, in-kind or funded support, or any resources provided by the foreign entity must also be disclosed. 

If you suspect you have been contacted by or become associated with a MFTRP, please contact Researchsecurity@pitt.edu or Allen A. DiPalma at dipalma@pitt.edu.

University Expectations and Internal Disclosure Obligations Regarding Foreign Talent Programs

University faculty and staff participation in any foreign talent recruitment program must be disclosed as part of the University’s required conflict of interest disclosure process and to federal research sponsors through their disclosure processes.  Prospective participation in these programs may also be considered outside employment and require review and approval under Pitt’s Outside Employment policy.  In all cases, up-front disclosure, review, and approval by one’s supervisor is required under both Pitt policies.  It should also be noted that federal policy now prohibits participation in a malign foreign talent recruitment program while concurrently participating on a federal research and development project.  If you suspect you have been contacted by or become associated with a MFTRP, please contact Researchsecurity@pitt.edu or Allen A. DiPalma at dipalma@pitt.edu.

NDAA Section 1286 List

The Office of Research Security & Trade Compliance has complied the NDAA Section 1286 list that identifies foreign institutions that have been confirmed as engaging in problematic activity.