2145 – Participation in Malign Foreign Talent Recruitment Programs

In accordance with Section 10631(b) of the CHIPS and Science Act of 2022 (Public Law 117-167), the Office of Science and Technology Policy has issued guidance prohibiting covered individuals from participating in Malign Foreign Talent Recruitment Programs[i]. Covered individuals are required to certify annually that they are NOT a party to a Malign Foreign Talent Recruitment Program.

• “Covered individual”: An individual who contributes in a substantial and meaningful way to the scientific development or execution of a research and development project proposed to a Federal Agency and who is designated as a covered individual by that federal agency. This includes Senior and Key Personnel.
• Foreign Talent Recruitment Program: 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.
• “Malign” Foreign Talent Recruitment Program: A Foreign Talent Recruitment Program that is sponsored by a foreign country of concern or an entity based in a foreign country of concern (China, Iran, North Korea, Russia) or any other foreign sponsor identified on U.S. government lists of concern­, AND

  includes the individual participant:

• • 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;
  • being required to recruit 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 Federal research and development award

Principal investigators and other “Covered Individuals” applying for or participating in sponsored projects funded by the U.S. government must not participate in Malign Foreign Talent Recruitment Programs. Principle Investigators and other “Covered Individuals” must disclose participation in Foreign Talent Recruitment Programs in accordance with School and Penn policy.

Business Administrator

• Work with Principal Investigator to identify “Covered Individuals.”

Principal Investigator and other “Covered Individuals”

• Evaluate opportunities to participate in Foreign Talent Recruitment Programs and refrain from participation if such programs are Malign Foreign Talent Recruitment Programs.
• Consult with ORS (Office of Research Services) or OGC (Office of General Counsel) if it is unclear whether a proposed activity is a Malign Foreign Talent Recruitment Program.
• Certify compliance with this policy annually on Federal Research Awards.

Office of Research Services

• In consultation with OGC, provide guidance on if proposed foreign talent recruitment programs are malign.
• Ensure that “covered individuals” applying for or participating in federal research awards are not participating in Malign Foreign Talent Recruitment Programs.

Office of General Counsel

• Advise on if specific proposed foreign talent recruitment program activities are Malign Foreign Talent Recruitment Programs.
• Provide advice to individuals regarding participation in Malign Foreign Talent Recruitment Programs.