Foreign Talent Recruitment Programs

The CHIPS in Science Act, passed August 9, 2022, identified several red flags that frequently distinguish problematic (or "malign") talent program arrangements from legitimate activities, including cash or in-kind compensation, which could take many forms (sponsored travel, honorific travel, honorary titles, research funding, etc.), 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;
• recruiting 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;

and

• a program that is sponsored by—
  • a foreign country of concern (e.g., China, North Korea, Iran or Russia) 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 John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115-232); or
  • 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; Public Law 115-232).

The following activities are not prohibited:

• making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
• 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;
• 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
• other international activities determined appropriate by the Federal research agency head or designee.