The Chips & Science Act of 2022 prohibits participation in any foreign talent recruitment program by personnel of Federal research agencies and prohibits participation in a malign foreign talent recruitment program by covered individuals involved with research and development awards from those agencies. The definition of MFTRPs is below. If you are unsure whether your program meets the definition of an MFTRP, contact Angelica Grado-Wright, J.D., Export Control Officer in the Office of Compliance and Ethics (amgradow@Central.UH.EDU).
Federal agencies are implementing policies to comply with the C&S Act:
Department of Defense
Beginning August 9, 2024, the Department of Defense is prohibited from providing funding to or making an award of a fundamental research project proposal in which a covered individual is participating in a malign foreign talent recruitment program or to a proposing institution that does not have a policy addressing malign foreign talent programs pursuant to Section 10632 of the CHIPS and Science Act of 2022. Prior to August 2024, the University of Houston will implement a policy that prohibits any association of covered individuals with Malign Foreign Talent Recruitment Programs. As part of the annual disclosure process and the disclosure process prior to accepting an award, covered individuals must certify that they are not associated with a Malign Foreign Talent Recruitment Program.
NSF Prohibition on Participation in Malign Foreign Talent Recruitment Programs (MFTRPs)
The National Science Foundation (NSF) draft revised Proposal and Award Policies and Procedures Guide (PAPPG), expected to go into effect in early 2024, includes the definition of Malign Foreign Talent Recruitment Programs and explicitly prohibits participation of senior personnel in MFTRPs. All senior personnel will be required to certify prior to proposal submission that they are not party to an MFTRP. In addition, the Authorized Organization Representative (i.e., the person who submits your proposals) will need to certify that all senior personnel associated the proposal have been made aware of and have complied with their responsibility under that section to certify that they are not a party to a malign foreign talent recruitment program.
Department of Energy
In June 2019, the DOE issued the DOE Order 486.1 that prohibits DOE employees, contractors, and certain subcontractors from currently or in the future participating in foreign talent recruitment programs of countries determined sensitive by DOE, such as China’s Thousand Talents programs.
Definition of MFTRPs According to the C&S Act of 2022
Malign Foreign Talent Recruitment Programs are defined in the Chips & Science Act of 2022: (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—
(B) A program that is sponsored by—
The following are not considered malign foreign talent programs: