Dear Colleagues,
We are writing to inform you of a new Lehigh University research policy. Creating this policy is required for compliance with new federal rules regarding malign foreign talent recruitment programs (MFTRPs) as defined in the CHIPS and Science Act of 2022. Definitions are provided at the end of this message. Please note that this policy does not replace or supersede any other existing Lehigh policies related to foreign collaboration and support.
Effective July 1, 2024:
- 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.
Current information about specific federal agency requirements are included in the policy. Several federal agencies will require investigators to individually certify that they are not members of a MFTRP in the proposal submission and annually thereafter throughout the duration of the award. Currently, the National Science Foundation (NSF), the Department of Defense (DOD), and the Department of Energy (DOE) have such requirements, and Lehigh’s policy will be updated as additional federal agencies adopt requirements. Please note that the NSF requirements are effective May 20, 2024 in accordance with the updated NSF Proposal and Award Policies and Procedures Guide. You can find this and other important changes on the ORSP website.
We also remind you to follow all standard University research compliance practices. Be aware that due to the nature of these programs, participation in a MFTRP or FTRP may:
- Conflict with faculty obligations outlined in Lehigh University’s Rules and Procedures of the Faculty,
- Require disclosure as a potential Conflict of Interest per the University’s Conflict of Interest Policy, and/or
- Require disclosure as a Significant Financial Interest per the University's policy on Financial Conflicts of Interest Related to Research and Sponsored Programs.
Lehigh remains committed to supporting an open and welcoming research environment. This will always include international collaboration, as well as faculty engagement in both domestic and international external professional activity. This and all other messages regarding research security are intended to protect Lehigh researchers’ ability to propose and manage federal research support and to assist with navigating international collaborations effectively and safely.
Thank you for your attention to this important matter.
Best wishes,
Nathan Urban, Provost
Anand Jagota, Vice Provost for Research
Cynthia J. Kane, Assistant Vice Provost, Office of Research and Sponsored Programs
Naomi E. Coll, Director of Research Policy and Compliance
How to get additional help on this topic
Additional information is available on the ORI website.
If you have any questions about how to address the issues in this memo, please contact Naomi Coll, Director of Research Policy and Compliance.
Definitions
There are two separate definitions to consider:
Foreign Talent Recruitment Program (FTRP)
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.”
Some activities that do not constitute a FTRP include making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under U.S. law, and participating in international conferences and research projects or other programs that involve open and reciprocal exchanges of scientific information.
Malign Foreign Talent Recruitment Program (MFTRP)
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 in the list that begins on page 18 of this Department of Defense document.
AND INVOLVE
- 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.