Overview
Over the past decade, the federal government has focused more attention on the risks of Foreign Talent Recruitment Programs (FTRP) to the US research ecosystem. As part of the CHIPS and Science Act, the government has identified characteristics of programs that it considers malign and created restrictions for researchers and institutions that you will likely encounter if you conduct sponsored research.
Specifically, Sections 10631 and 10632 of the CHIPS and Science Act prohibit covered individuals from participating in a Malign Foreign Talent Recruitment Program and applying for or conducting federally sponsored research.
Read below to learn more about Foreign Talent Recruitment Programs, Malign Foreign Talent Recruitment Programs, and your responsibilities as a researcher to disclose participation to both Vanderbilt and federal sponsors.
Foreign Talent Recruitment Programs
A Foreign Talent Recruitment Program (FTRP) seeks to recruit researchers at American universities like Vanderbilt to work for foreign governments. An FTRP will include compensation of some kind including cash, research funding, complimentary foreign travel, and other non-cash forms of compensation like honorific titles and career advancement opportunities. Participation in FTRPs is not necessarily prohibited or illegal, but you must disclose participation to both Vanderbilt and federal sponsors.
The Office of Science and Technology Policy (OSTP) has provided the following definition of an FTRP in a February 2024 memo:
"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."
Routine international collaboration activities like making scholarly presentations, co-publishing fundamental research, and participating in international conferences, among others, typically does not fall under the definition of a Foreign Talent Recruitment Program. However, if these activities are "funded, organized, or managed" by an academic institution on an entity list, they would be considered part of a Foreign Talent Recruitment Program and would need to be disclosed to both federal sponsors and Vanderbilt University. Submit a Restricted Party Screening Request to determine if your collaborator is an entity of concern.
Malign Foreign Talent Recruitment Programs
A Malign Foreign Talent Recruitment Program is an FTRP that is sponsored by a country of concern or banned entity and contains problematic requirements or obligations. Specifically, a Malign Foreign Talent Recruitment Program is any program, position, or activity that includes compensation* in exchange for the individual:
- Engaging in the unauthorized transfer of IP, materials, data products, or other nonpublic information;
- Being required to recruit trainees or researchers to enroll in such program;
- Establishing a lab or accepting a faculty position in violation of the terms and conditions of a Federal award;
- Being unable to terminate the foreign talent recruitment program;
- Being required to duplicate work with a federal award;
- Being required to apply for funding from the sponsoring foreign government;
- Being required to omit acknowledgement of the recipient institution or agency sponsoring the research;
- Being required to not disclose to the Federal research agency participation in such program; or
- Having a conflict of interest or commitment contrary to the terms and conditions of a Federal award
AND
- Is sponsored by a foreign country of concern or an entity based in a foreign country of concern. Currently, that includes China, Iran, North Korea, and Russia;
- Or is an academic institution or FTRP on lists developed under paragraphs (8) and (9) of Section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.
*Compensation is broadly understood and includes cash, in-kind compensation, 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.
Your Responsibilities as a Researcher
- Per Vanderbilt's COI policy, you are required to disclose "participation in foreign talent or similar-type programs." If you are taking part in an FTRP and have not disclosed it to Conflict of Interest and Commitment Management, please submit a new disclosure in the VU Conflict Disclosure System.
- Vanderbilt's COI policy also requires compliance with "any applicable Federal or sponsor requirements pertaining to conflict of interest." If you are participating in an FTRP, you must disclose it to to federal funding agencies. This will typically be disclosed through Current Pending and Other Support documents.
- If you are engaged in routine international collaboration that is funded, organized, or managed by an institution or program on an entity list, you must disclose it to both federal sponsors and Vanderbilt University. If you are unsure, please submit a Restricted Party Screening Request to determine if your collaborator is an entity of concern.
- If you are participating in an FTRP that meets the qualifications as a Malign Foreign Talent Recruitment Program, you may not apply for or receive federal funding for your research.