Policy Name: Prohibiting Participation in Malign Foreign Talent Recruitment Programs
I. Purpose
The purpose of this policy is to ensure that The College of St. Scholastica federally sponsored projects (grants) are compliant with federal law related to research security and the involvement of organizations outside of the United States.
Specifically, the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022 prohibits federal employees, contractors, and awardees—including institutions, individual investigators, and other key personnel—from participating in Malign Foreign Talent Recruitment Programs (MFTRP). The statutes require 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 an MFTRP, and that the College certify that such individuals have been made aware of the requirement.
St. Scholastica strictly forbids its employees and researchers from engaging in such programs to comply with this mandate. These programs often involve the unauthorized transfer of intellectual property, recruitment for foreign research, or employment that conflicts with federal research awards. This policy ensures compliance with newer CHIPS Act provisions and other federal regulations and agencies concerned with inappropriate foreign interference by foreign governments over federally funded research and safeguards research integrity at St. Scholastica. This policy is effective August 9, 2024, or for new National Science Foundation proposals and awards.
This policy supports the College’s Benedictine values by ensuring research is conducted with integrity, transparency, and accountability, in alignment with our mission to foster intellectual preparation and ethical responsibility.
II. Definitions
Covered Individuals
Per the CHIPS and Science Act, and for the purposes of this policy, a covered individual is:
A. An individual who contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency, and
B. Designated as a Key Personnel or Covered Individual by the Federal research agency concerned.
Covered Individuals include, but are not limited to, principal investigators, co-investigators, faculty, staff researchers, postdoctoral fellows, graduate students, undergraduate students, and subrecipient personnel who make substantive contributions to a federally sponsored project.
Foreign Government Talent Recruitment Program (FTRP)
Per the OSTP’s National Security Presidential Memorandum-33 implementation guidance and for the purposes of this policy, an FTRP is:
“Effort organized, managed, or funded by a foreign government, or a foreign government instrumentality or entity, to recruit science and technology professionals or students (regardless of citizenship or national origin, or whether having a full-time or part-time position).
Malign Foreign Talent Recruitment Program (MFTRP)
Per the CHIPS and Science Act of 2022, the term ‘‘malign foreign talent recruitment program’’ means:
“(A) 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—
(i) 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;
(ii) being required to recruit trainees or researchers to enroll in such program, position, or activity;
(iii) 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;
(iv) being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
(v) 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;
(vi) 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; (vii) 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;
(viii) 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
(ix) having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award; and
(B) a program that is sponsored by—
(i) 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; [Per the Act, 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.]
(ii) 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 (iii) 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).” [Lists referenced in items B. (ii) and (iii) are available in Part 3 of the Department of Defense (DoD) document Countering Unwanted Foreign Influence in Department-funded Research at Institutions of Higher Education].
III. Policy
- CSS prohibits Staff and Faculty engaging in federally sponsored projects from participating in malign foreign talent recruitment programs.
- CSS requires that Covered Individuals comply with all current and future sponsor policies and certifications regarding MFTRP and that disclosures provided by Key Personnel or Covered Individuals be true, complete, and accurate to the best of the covered individual’s knowledge.
- CSS requires a Covered Individual to comply with federal research agency policies to:
- Certify at proposal, and annually for the duration of the award, that they are not a party to an MFTRP and
- Disclose all participation in FTRP contracts, agreements, or other arrangements.
- Certifications will only apply to awards made on August 10, 2022, and after.
- Foundation & Government Resources staff will ensure that Covered Individuals have been made aware of the requirements set forth in this Policy. The College will certify that covered individuals have been made aware of the requirements set forth in this policy as required by federal agencies, as outlined in the NSF Pre- and Post-Award Compliance Procedure.
This policy is intended to balance compliance with federal research security requirements and support for academic freedom and international collaboration. The College affirms the value of global research partnerships while ensuring that such activities are conducted ethically and transparently. This is not a prohibition on international engagement but a safeguard aligned with federal mandates.
Covered Individuals should be cautious of offers and collaboration requests from foreign institutions that include compensation, travel, or research support. When in doubt, seek guidance from Foundation and Government Resources before accepting or signing any agreement.
Violations
False, fictitious, or fraudulent statements or claims (including intentional omissions) violating this policy may result in criminal, civil, administrative, or College/institutional penalties.
IV. Individuals and entities affected by this policy
Faculty, staff, and other covered individuals engaged in or proposing to engage in sponsored projects, including students, postdoctoral researchers, or graduate assistants. External collaborators and subrecipients must also comply with applicable federal requirements when participating in CSS-managed federally funded projects.
V. Related documents, forms, and procedures
VI. History and Updates
The College reserves the right to modify policies at any time, ensuring the involvement of relevant committees and constituents in the decision-making process (e.g., policy committee, faculty assembly, staff council, student government association, etc.)