Foreign Talent Recruitment Programs (FTRPs) and Malign Foreign Talent Recruitment Programs (MFTRPs)

The federal government continues to institute regulations related to Foreign Talent Recruitment Programs. In order to comply with the most recent requirements, Lehigh University issued a “Foreign Talent Recruitment Programs - Restrictions and Disclosure Requirements” policy, effective July 1, 2024.

The Lehigh University policy on Financial Conflicts of Interest Related to Research and Sponsored Programs has also been updated to include definitions of Foreign Talent Programs.

Many countries sponsor talent recruitment programs for legitimate purposes of attracting researchers. However, association with certain Foreign Talent Recruitment Programs can lead to ineligibility to receive federal funding for your research.

Lehigh University researchers who are currently participating in a MFTRP are prohibited from serving as PI or key personnel on a proposal to a federal research sponsor.

Keep in mind, participation in a MFTRP or FTRP may:

Additional Information on Foreign Talent Programs

The White House’s Office of Science and Technology Policy (OSTP) defines a FTRP as:

“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.”

Reference: OSTP definition from the White House dated 15 February 2024.

Consistent with Section 10632(d) of the Act, a Foreign Talent Recruitment Program does not include the following international collaboration activities, so long as the activity is not funded, organized, or managed by an academic institution or a Foreign Talent Recruitment Program on the lists developed under paragraphs (8) and (9) of Section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232): (Reference pages 17-21.)

  1. Making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
  2. Participating 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;
  3. 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
  4. Engaging in the following international activities:
    1. Activities that are partly sponsored or otherwise supported by the United States such as serving as a government appointee to the board of a joint scientific fund (e.g., the U.S.- Israel Binational Industrial Research and Development Foundation); providing advice to or otherwise participating in international technical organizations, multilateral scientific organizations, and standards setting bodies (e.g., the International Telecommunications Union, Intergovernmental Panel on Climate Change, etc.); participating in a Fulbright Commission program funded in whole or in part by a host country government; or other routine international scientific exchanges and interactions such as providing invited lectures or participating in international peer review panels.
    2. Involvement in national or international academies or professional societies that produce publications in the open scientific literature that are not in conflict with the interests of the federal research agency (e.g., membership in the Pontifical Academy of Sciences or The Royal Society).
    3. Taking a sabbatical, serving as a visiting scholar, or engaging in continuing education activities such as receiving a doctorate or professional certification at an institution of higher education (e.g., the University of Oxford, McGill University) that are not in conflict with the interests of the federal research agency.
    4. Receiving awards for research and development which serve to enhance the prestige of the federal research agency (e.g., the Nobel Prize).
    5. Other international activities determined appropriate by the federal research agency head or designee

A program sponsored by one of the following:

  • A foreign country of concern (the People’s Republic of China including Hong Kong and Macau, 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 Secretary of State), or
  • An entity based in a foreign country of concern, or
  • An institution or program included on this Department of Defense list.

AND Involving any of the following:

  • Unauthorized transfer of intellectual property, materials, data or other nonpublic information;
  • Recruitment of trainees or researchers to enroll in such program, position, or activity;
  • Establishing a laboratory or entity in a foreign country in violation of terms and conditions of a federal research award;
  • Accepting a faculty position, or undertaking any other employment or appointment in violation of the standard terms and conditions of a federal research award;
  • Being unable to terminate the activity except in extraordinary circumstances;
  • Through funding or effort related to the MFTRP, being limited in capacity to carry out a federal research award;
  • Requirement to engage in work that overlaps or duplicates a federal research award;
  • Requirement to obtain research funding from the foreign government entities;
  • Requirement to omit acknowledgement of the U.S. home institution and/or federal funding agency;
  • Requirement to not disclose participation in the program, position, or activity; OR
  • Having a conflict of interest or commitment contrary to a federal award.

Lehigh University researchers who are currently participating in MFTRP are prohibited from serving as PI or key personnel on a proposal to a federal research sponsor.

The chart below may help you determine if a program is “malign.”

It is important to understand the disclosure expectations on federal proposals and to stay current on disclosing relevant outside activity when required. If you are ever unsure about whether or not an activity is permitted, or if it needs to be disclosed, you can speak with your Department Chair, Dean, or the Office of Research Integrity at nac314@lehigh.edu. Assessing whether something is a Foreign Talent Recruitment Program, particularly whether it’s malign, can be nuanced and we encourage you to focus on characteristics and behaviors.

In order to comply with institutional and federal requirements:

Complete and Update Disclosures: Complete and update federal agency and Lehigh University disclosures. Review the federal requirements and Lehigh University disclosure expectations when submitting a proposal or accepting funding.

Use the NSF-Approved Formats for the Biographical Sketch: The mandate to use SciENcv only to prepare biographical sketches and current and pending support for National Science Foundation (NSF) proposals went into effect for new proposals submitted or due on or after October 23, 2023.

Assessing whether something is a Foreign Talent Recruitment Program, particularly whether it’s malign, can be nuanced and we encourage you to focus on characteristics and behaviors.

Questions can be directed to Naomi Coll in the Office of Research Integrity at nac314@lehigh.edu