Malign Foreign Talent Recruitment Programs FAQ

This policy is going through the approval process. When approved, it will be found in section 5800 of the Faculty Staff Handbook. A brief overview of the policy is below.

“Covered Individuals” who are party to a Malign Foreign Talent Recruitment Program are prohibited from serving as PI or key/senior personnel, or contributing in a substantive, meaningful way to the scientific development or execution of federal research.

This prohibition currently only applies to proposals and awards for federally funded research & development awards and Department of Defense fundamental research proposals or awards.

A “Covered Individual” is:

1. A principal investigator and other senior/key personnel seeking or receiving federal research and development funding; or
2. 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; or
3. an individual on a proposal or award funded in whole or in part by the Department of Defense who (a) contributes significantly to the design or execution of a fundamental research project, and (b) is considered essential to the successful performance of the fundamental research project.

The federal government defines a Malign Foreign Talent Recruitment Program as any program, position, or activity that meets both parts of the below test.

Part One – includes one or more of the following:

1. engaging in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information
2. recruitment of trainees or researchers to enroll in such program, position, or activity
3. establishing a laboratory or entity in violation of the standard terms and conditions of a Federal research award
4. accepting a faculty position, or undertaking any other employment or appointment in violation of the standard terms and conditions of a Federal research award
5. being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances
6. being limited in the capacity to carry out a Federal research award
7. requirement to engage in work that overlaps or duplicates a federal research award
8. requirement to apply for and successfully receive funding from the sponsoring foreign government’s funding agencies with the sponsoring foreign organization as the recipient
9. requirement to omit acknowledgment of the US home institution and/or the federal funding agency
10. requirement not to disclose participation of such individual in such program, position, or activity
11. having a conflict of interest or conflict of commitment contrary to Federal research award

Part Two - is sponsored by one of the following:

1. a foreign country of concern or entity based in a foreign country of concern as defined in 42 USC §19237(2) and (3).
2. an academic institution on the list developed under 1286(c)(8) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.
3. a foreign talent recruitment program on the list developed under 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

Review 42 USC §19237(2) and (3) for the current list of Foreign Countries of Concern.

The Department of Defense developed and maintains this list at srt.cto.mil/stpp/mta. Caution is advised before engaging with institutions on this list.

To access the list on the above website:

• Scroll down and select “DoD Research Security Resources.” Additional options will populate.
• Select the document titled “Fiscal Year (FY) 2022 Lists Published in Response to Section 1286 of the John S. McCain National Defense Authorization Act for FY 2019 (Public Law 115-232), as amended.”

The above list is not exclusive. A foreign talent recruitment program may meet all the requirements of a Malign Foreign Talent Recruitment Program and not be on the list.

The following international collaboration activities are not foreign talent recruitment programs, if they are 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:

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.

Contact the Assistant Director for Research Integrity at ored-export@uidaho.edu or call 208-885-2142.