International collaboration is a core value of academic research as it enhances innovation by bringing experts from across the globe together to focus on important missions for the benefit of humanity.
Unfortunately, U.S. adversaries with harmful intentions are increasingly misusing the international collaboration model to exploit researchers and wrongfully appropriate U.S.-funded data, technologies, intellectual property, etc., through recruitment into malign foreign talent programs. These malign programs hide their ill intentions behind a façade, presenting themselves as prestigious academic research organizations when in reality, they are working to harm U.S. national security through scientific theft and exploitation.
To avoid this increasingly common form of exploitation, university researchers should exercise extreme caution before accepting foreign appointments, funding, compensation, in-kind support or affiliations, or engaging in any other activities related to a foreign talent recruitment program sponsored by an international organization or individual. This is especially true of programs sponsored by foreign individuals or entities from the four federally designated Foreign Countries of Concern (FCOC): China (including Hong Kong), Iran, North Korea and Russia.
Participation in such programs may carry legal, contractual, ethical and reputational risks to the individual researcher that are not always immediately apparent. As U.S. restrictions continue to evolve, foreign adversaries have substantially altered how these programs are organized and facilitated, working to deliberately obscure their ill intentions and the malign activities.
The USC Office of Research Security (ORS) is proud to partner with faculty and student researchers to help them avoid malign foreign talent programs by providing guidance and information, assessment tools to help researchers determine if they have been approached by a malign program and direct support with next steps when a malign foreign talent program contact is confirmed.
Definitions and Characteristics
The detailed definition of a foreign talent recruitment program (FTRP) is provided in the 2024 White House Office of Science and Technology Policy (OSTP) Guidelines (pdf) and the general definition of a "Foreign Government-Sponsored Talent Recruitment Program" is provided in NSPM-33. In summary, a FTRP is an effort that is organized, managed or funded by a foreign government (or a foreign government’s 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) by offering compensation in exchange for participation. Compensation could take many forms including cash, research funding, complimentary foreign travel, honorific titles, career advancement opportunities, promised future compensation or other types of remuneration or consideration, including in-kind compensation.
The detailed definition of a Malign Foreign Talent Recruitment Program (MFTRP) is provided in the 2024 White House Office of Science and Technology Policy (OSTP) Guidelines (pdf) (as defined by Section 10638(4) of the CHIPS and Science Act of 2022 (P.L. 117-167)), the NSPM-33 Implementation Guidance Appendix, and the 2024 NSF Proposal and Award Policies and Procedures Guide. To summarize, MFTRPs are characterized by nine malign characteristics which convey their intent to import or otherwise acquire from abroad, sometimes through illicit means, proprietary technology or software, unpublished data and methods, and intellectual property to further the military modernization goals and/or economic goals of a foreign government. Programs with intentions such as these challenge U.S. national security and are considered to be MFTRPs, which are prohibited from participation by covered individuals.
Assessing Programs for Malign Characteristics
The Office of Research Security has developed two key tools for helping researchers determine if they have been approached by an FTRP or MFTRP. Our first tool is a quick-assessment 1-2-3 graphic, available on our International Collaborations page. This tool is intended to help researchers quickly determine if they may have had contact with an MFTRP.
Our primary FTRP assessment tool is the MFTRP Assessment Questionnaire. Through this questionnaire, researchers can work through a series of yes/no questions about risks and indicators associated with M/FTRPs to determine if a particular contract or agreement may involve elements of a FTRP or MFTRP. There are two ways to complete the assessment questionnaire (questions are identical across both methods):
- Download and complete the Malign Foreign Talent Recruitment Program Self-Assessment Worksheet (pdf), then self-assess responses using the guidance at the end of the worksheet document. Researchers who use the self-assessment worksheet should contact the ORS if they have any questions or require further assessment.
- Complete the assessment questionnaire online via the form in the expandable box below. When you complete and submit the form, your responses will be assessed by the USC ORS, who will follow up as appropriate to provide guidance for next steps.
The ORS also works directly with researchers to assess the terms, conditions, attributes and characteristics of programs, agreements (written or verbal) and other activities to determine if they may involve a restricted talent program, a FTRP or MFTRP. Contact the ORS for an assessment.
More Information on Foreign Talent Recruitment Programs
Download the ORS’s Risks and Indicators Associated with Foreign Talent Recruitment Programs presentation (pdf) to see examples of MFTRP recruitment material, contract excerpts, etc.
Several lists of identified and named MFTRPs are available online. Note: These are only the current known and publicly named programs; these lists are not comprehensive.
Important Note: To be considered malign, an MFTRP does not have to be a named program on a U.S. government restricted list. If the program has the characteristics or attributes of a MFTRP, the U.S. Government may still classify the program as malign and prohibit participation.
The CHIPS and Science Act (Public Law 117-167) (pdf) directs federal research sponsors to maintain policies that require covered individuals to disclose all participation in FTRPs and prohibit recipients of federal support from participating in any MFTRPs
Section 10631 of the Act prohibits “covered individuals” from participating in a federally funded research and development project if they are currently participating in a MFTRP.
Sections 10631 and 10632 of the Act provide for covered individuals to disclose if they are a party to any FTRP and to certify that they are not a party to a MFTRP.
Section 10633 provides that federal research agencies may request supporting documentation from applicants and take a range of funding-related actions if warranted. To the extent practicable, recipient institutions are required to prohibit covered individuals participating in MFTRPs from working on projects supported by research and development awards.
Section 10638 of the Act defines “covered individual” as “an individual who (A) 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) is designated as a covered individual by the federal research agency concerned.” Agencies may also define other individuals as covered persons as appropriate and consistent with their mission.
This Section also defines “foreign country of concern” as 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 Secretary of State.
Federal government funding agencies consider relevant disclosures in determining funding. Failure to disclose participation in an MFTRP has resulted in legal and administrative actions against individual researchers and their institutions.
In response to federal regulations and requirements, the University has implemented RSCH 1.10, Prohibition of Participation in Malign Foreign Talent Recruitment Programs (pdf).
Note: Participation in a talent program of any kind must be disclosed to the university and to federal sponsors in conflict of interest/commitment disclosures, biosketches and Current & Pending/Other Support documentation, as applicable.
These federal funding agencies have issued FTRP restrictions and requirements that go beyond those laid out in the CHIPS and Science Act of 2022.
DOE Prohibition on Malign Foreign Talent Recruitment Program Participation
All FTRPs sponsored by a FCOC meet the definition of a MFTRP. Further, all programs sponsored by 4.B.i or 4.B.ii of Section 10638 of P.L. 117-167 (42 USC 19237) meet the definition of a MFTRP because such programs only need to indirectly include one of the malign characteristics included in A.i-ix of Section 10638 of P.L. 117-167 (42 USC 19237).
Researchers or universities who receive a grant or award are subject to the financial assistance terms of “Malign Foreign Talent Program Prohibition,” which is outlined in DOE NOFOs and award terms and conditions (see DOE's Standard Terms and Conditions (pdf)). The DOE Order 486.1 applies to DOE employees and contractor personnel.
Individuals participating in a MFTRP are prohibited from participating in projects selected for federal funding under DOE notices of funding opportunities.
DOD Academic Research Security
Under the current March 9, 2026 DOD Component Decision Matrix (pdf), DOD is prohibited from funding or making an award on a fundamental research project proposal in which a covered individual is participating in a MFTRP. In addition, DOD Components must annually verify that participants listed on the Research Performance Progress Report (RPPR) are not involved in MFTRPs under section 10632(a)(1) of the CHIPS and Science Act of 2022.
In accordance with 42 CFR 19231, Requirements for foreign talent recruitment programs, P.L. 119-60, personnel of federal research agencies (which includes Army ARL DEVCOM ARL civilians, military and certain contractors) are prohibited from participating in any FTRP or MFTRP.
The 2024 NSF Proposal and Award Policies and Procedures Guide (pdf) prohibits participation of senior personnel in MFTRPs and requires disclosure of participation in any FTRP. Prior to proposal submission, all senior personnel are required to certify they are not participants in a MFTRP. The Authorized Organization Representative must also certify all senior personnel on the proposal have been made aware of this requirement and have fulfilled their certification obligation.
On November 14, 2023, the NIH issued NOT-OD-24-029 to provide clarification regarding findings of foreign involvement with countries of concern related to grants and cooperative agreements. The risk mitigation sections of NOT-OD-23-139 were modified to clarify revised guidance. (All other portions of NOT-OD-23-139 remain applicable.)
In NOT-OD-24-029, applicants and recipients are encouraged to consider whether their entity’s relationships with foreign countries of concern pose a security risk. Prior to issuing an award, NIH, CDC, and FDA will determine whether the small business concern (SBC) submitting the application meets one of three criteria resulting in a finding of foreign involvement with countries of concern. The three criteria include whether the SBC submitting the application:
- Has an owner or covered individual that is party to a MFTRP.
- Has a business entity, parent company, or subsidiary located in the People’s Republic of China or another FCOC.
- Has an owner or covered individual that has a foreign affiliation with a research institution located in the People’s Republic of China or another FCOC.
This finding is then evaluated against risk criteria, enumerated in the note, in final award determinations. Generally, for competing applications submitted for funding under the NIH, CDC and FDA SBIR and STTR programs for due dates on or after September 5, 2023, NIH, CDC and FDA will not mitigate security risks identified as part of the due diligence program. Generally, NIH, CDC and FDA will not provide SBC applicants with the opportunity to address any identified security risks prior to award. NIH, CDC and FDA will not issue an award under the SBIR/STTR program if the covered relationship with a FCOC identified in this guidance is determined to fall under any of the identified criteria.
NASA Grant & Cooperative Agreement Manual (GCAM) (pdf)
Effective October 1, 2024, in accordance with section 10631 (42 U.S.C. § 19231) of the CHIPS and Science Act of 2022, covered individuals are prohibited from participating in a Federally-funded research and development project if they are currently participating in a MFTRP, and they are required to certify that they are not a party to a MFTRP. The definition of MFTRP can be found at 42 U.S.C. § 19237(4). Any PI (regardless of level of effort), any co-PI (regardless of level of effort), and only those co-Is proposing to spend ten percent or more of their time in any given year on a NASA-funded grant or cooperative agreement are designated as covered individuals.
Upon completing a biographical sketch and current and pending support form, senior/key personnel will be required to sign a certification statement reading “I also certify that, at the time of submission, I am not a party to a malign foreign talent recruitment program.” See sections 10.5 Biographical Sketches and 10.6 Current and Pending (Other) Support Disclosures, for more information on these forms.
Upon submitting a proposal in NSPIRES, entities’ Authorized Organization Representatives will be required to certify that all senior/key persons associated with the proposal have been made aware of and have complied with their responsibility under 42 U.S.C. § 19232 to certify that they are not a party to a MFTRP.
The EPA has not issued a stand-alone MFTRP Policy. The prohibition on MFTRPs is addressed in the Small Business Innovation Research (SBIR) program, and Small Business Technology Transfer (STTR) programs. Through these programs, the EPA may not make awards to businesses with certain connections to foreign entities. These programs require this disclosure form (pdf) for the proposal. Small businesses are encouraged to disclose information related to foreign involvement or investment in response to standardized disclosures.