The CHIPS and Science Act of 2022, sections 10631 and 10632 directs federal research funding agencies to establish policies that require the following:

• Investigators and key personnel disclose participation in all Foreign Talent Recruitment Programs (FTRP);
• Prohibit research and development awards from being made for any proposal in which an Investigator or key personnel is participating in a Malign Foreign Talent Recruitment Program (MFTRP);
• Investigators and key personnel certify they are not a party to a Malign Foreign Talent Recruitment Program (MFRTP);
• Recipient Institutions must formalize this MFRTP prohibition.

UVM supports international collaborations and recognizes them as vital to the success of its research, scholarship, and creative arts programs.

With that in mind, UVM established a Foreign Talent Recruitment Policy to ensure the following;

1. Compliance with Federal funding agency rules and regulations concerning Foreign Talent Recruitment Programs.
2. Compliance with UVM’s Conflicts of Interest, Conflicts of Commitment and FCOI Policy for Sponsored Research.
3. Compliance with Prohibiting Investigators and Key Personnel from Participation in Malign Foreign Talent Recruitment Program.

On February 14, 2024, the Office of Science and Technology Policies (OSTP) issued a set of guidelines regarding Foreign Talent Recruitment Programs (FRTPs), as required by section 10631(b) of the CHIPS and Science Act of 2022, including a definition of a FTRP.

The OSTP guidelines define a Foreign Talent Recruitment Program as:

A foreign talent recruitment program is 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.

All Investigators and Key Personnel are absolutely prohibited from Participating with a Malign Foreign Talent Recruitment Program.

First, by definition, you must receive some kind of compensation, including cash or in-kind, non-monetary compensation such as recognition, awards, reimbursement, etc., from a foreign country of concern, defined as follows;

1. A foreign country of concern (FCOC), currently, China, Iran, North Korea, or Russia or an entity based in a FCOC, whether or not directly sponsored by the FCOC; or
2. An academic institution on the John S. McCain National Defense Authorization Act (NDDA)  Section 1286(c)(8) List; or
3. A foreign talent recruitment program identified on the John S. McCain National Defense Authorization Act (NDAA) Section Section 1286(c)(9) List.

Second, in exchange for the compensation, you have been asked to perform activities that benefit the foreign country of concern. 

The CHIPS and Science Act provides 9 activities that qualify as a foreign talent recruitment program.

It’s complicated, so use our Decision Tree below to get a determination.

MFTRP Decision Tree to Determine if you are involved in a MFTRP

If you believe you are participating, or have participated in, a Malign Foreign Talent Program, please contact the Executive Director of Research Administration and Integrity.

The following international activities are not considered Malign Foreign Talent Recruitment Program, even if sponsored by a foreign country of concern, as long as the activity is not funded, organized, or managed by an academic institution identified on the National Defense Authorization Act (NDDA), Section 1286(c)(8) list or by a  foreign talent recruitment program identified on the National Defense Authorization Act (NDAA) Section 1286(c)(9) list.

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. 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 US- 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); 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.
5. 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., University of Oxford, McGill University) that are not in conflict with the interests of the federal research agency.
6. Receiving awards for research and development which serve to enhance the prestige of the federal research agency (e.g., the Nobel Prize).
7. Other international activities determined appropriate by the federal research agency head or designee.

Participation in a MFTRP is Prohibited: Federal agencies have implemented requirements that require Investigators and key personnel on a federal research application to certify they are not a party to a malign foreign talent recruitment program and further certify annually thereafter for the duration of the award.

Disclose Participation in a FTRP: Federal agencies require Investigators and key personnel to disclose participation in ANY foreign talent recruitment program, past or present.

Sponsor disclosures are made through your BioSketch and Current and Pending (Other) Support forms and it is your responsibility to include all requested information therein.

Individual Certifications: The certification found on the Biographical Sketch and the Current and Pending (Other Support) forms state the following.

Biographical Sketch:

Each senior/key person is required to complete the following certifications regarding the information provided in their Biographical Sketch: I certify that the information provided is current, accurate, and complete. This includes but is not limited to information related to domestic and foreign appointments and positions. I also certify that, at the time of submission, I am not a party to a malign foreign talent recruitment program. 

Current and Pending (Other) Support:

Each senior/key person is required to complete the following certifications regarding the information provided in their Current and Pending (Other) Support: I certify that the information provided is current, accurate, and complete. This includes, but is not limited to, information related to current, pending, and other support (both foreign and domestic). I also certify that, at the time of submission, I am not a party in a malign foreign talent recruitment program.

Disclose Participation in all FTRP: Investigators and key personnel are required to disclose participation in any foreign talent recruitment program in the UVMClick COI module. The UVMClick disclosure is internal to UVM and does not get submitted as part of a proposal submission.

Participation can be Compensated or Uncompensated. In kind contributions, research funding, promised future compensation, complimentary foreign travel, honorary titles, establishing a research lab or company.

This disclosure will link to the UVMClick Funding Proposal and Award module alerting SPA staff to ensure compliance with the agency’s disclosure instructions and University Policy.

All FTRP disclosures are reviewed by the Office of the Vice President for Research for compliance with federal regulations and University Policy.

Disclose, Disclose, Disclose. 

Avoid the consequences for violation of disclosure requirements!

• Proposal returned.
• Termination of an award.
• Prohibit individual(s) from performing working under an award.
• Ineligibility for participation in review panels.
• Suspension or debarment of eligibility for Federal funding.
• Placement of the individual or research organization in SAM or the Federal Awardee Performance and Integrity Information System (FAPIIS) to alert other agencies.
• Violations may lead to criminal, civil, and/or administrative consequences as may be deemed appropriate based upon the particular facts of the violation.
• Loss of PI Eligibility

Questions may be directed to RAI@uvm.edu.

Thank you and we appreciate everyone’s cooperation.