ճ (the “Chips Science Act”) requires federal research funding agencies (i.e., National Science Foundation (NSF), the National Institutes of Health (NIH), the Department of Energy (DOE)) to establish policies that require “covered individuals” to disclose all participation in foreign talent recruitment programs (FTRPs) and to certify at proposal, and annually for the duration of the award, that they are not a party to a malign foreign talent recruitment program (MFTRP), and that Old Dominion University certify that such individuals have been made aware of the requirement.
In addition, the Department of Defense (DoD) released , that includes a Policy for Risk-Based Security Reviews of Fundamental Research and an associated Decision Matrix. Under this new DoD policy, effective August 9, 2024, the DoD will deny funding if the proposing institution does not have a policy prohibiting participation in a MFTRP.
ճ includes the definition of Malign Foreign Talent Recruitment Programs and explicitly prohibits participation of senior personnel in MFTRPs. All senior personal 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 party to a malign foreign recruitment program.
In June 2019, the DoE issued the that prohibits DoE employees, contractors, and certain subcontractors from currently or in the future participating in foreign talent recruitment programs of countries determined sensitive to DoE.
Old Dominion University Board of Visitors approved Board of Visitors Policy: 1109 prohibiting participation in Malign Foreign Talent Recruitment Programs.
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:
- Unauthorized Intellectual Capital Transfer: Engaging in authorized 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 or entity provided 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;
- Recruitment: Being required to recruit trainees or researchers to enroll in such program, position or activity;
- Establishing Lab, Company or Taking Employment: 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;
- Conflict of Commitment: Being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
- Scientific/Funding Duplication: 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;
- Foreign Funding: 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;
- Prohibition on Acknowledgement: Being required to omit acknowledgement 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;
- Disclosure Prohibitions: 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
- Conflict of Interest/Conflict of Commitment: Having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the federal research and development award; and
- A program that is 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;
- An academic institution on the list developed under section 1286(c)(8) of the ; or
- A foreign talent recruitment program on the list developed under section 1286(c)(9) of the .
How to identify participation in a MFTRP?
As stated in Section 10612 the "CHIPS and Science Act of 2022," "the term 'foreign country of concern' means the People's Republic of China, the Democratic People's Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country determined to be a country of concern by the Department of State."
- Engage in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information;
- Require recruitment of trainees or researchers to enroll in a program, position or activity, or accept employment at a foreign entity;
- Establish a laboratory or company, or accept a faculty position, or other employment in a foreign country;
- Be unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
- Be required to engage in work that limits capacity to carry out a research and development award, or has a substantial overlap or duplication of a federal research and development award;
- Be required to apply for or receive funding from a foreign government that would be awarded to the foreign institution;
- Be required to omit acknowledgement of the foreign institution, or any United States federal research sponsors;
- Be required not to disclose affiliation or participation with the foreign institution to Virginia Tech or the United States federal government in a program, position, or activity;
- Have a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award.
Does the foreign collaborator appear on one or more United States restricted party screening lists? Please submit RPS requests to researchsecurity@odu.edu.
The Office of Research Security and Export Control is here to assist and guide faculty in determining participation in MFTRP and mitigating risk. If you believe or are unsure if you are participating in a MFRTP please contact researchsecurity@odu.edu for guidance.