Policy on Participation in Malign Foreign Talent Recruitment Programs

The Chips and Science Act of 2022, Subtitle D Research Security. Sections 10631, 10632 and 10638 of the US Public Law 117-167 requires federal research funding agencies to establish policies that require “covered individuals” to disclose participation in foreign talent recruitment programs (FTRPs) and to certify at proposal, and annually for the duration of the award, that they are not a party to a malign foreign talent recruitment program (MFTRP), and that require Boston University to certify that such individuals have been made aware of the certification requirements and have complied. Boston University prohibits all Researchers, regardless of source of sponsorship, and including unsponsored/unfunded research, from participating in Malign Foreign Talent Programs.

Boston University requires that Covered Individuals comply with federal research agency policies to:

1. Certify at proposal, and annually for the duration of the award, that they are not a party to a MFRTP, and
2. Disclose all participation in FTRP contracts, agreements, or other arrangements.

Boston University requires that Covered Individuals comply with all sponsor policies and certifications regarding MFTRP as they are developed and implemented, and that disclosures are true, complete, and accurate to the best of the covered individual’s knowledge.

Definitions

Covered Individual

Consistent with Section 10638 of the CHIPS and Science Act and for purposes of this policy:

1. An individual who 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
2. Designated as a Key Personnel or Covered Individual by the federal research agency concerned.

Foreign Country of Concern

As defined in Section 10612 of the CHIPS and Science Act of 2022, foreign countries of concern are currently the People’s Republic of China, The Democratic People’s Republic of Korea, The Russian Federation, and the Islamic Republic of Iran. The U.S. Secretary of State has the power to designate other countries as foreign countries of concern.

Foreign Talent Recruitment Programs

Per the Office of Science and Technology Policy (OSTP) Guidelines for Federal Research Agencies Regarding Foreign Talent Recruitment Programs, February 14, 2024 and for purposes of this policy:

An effort organized, managed, or funded by a foreign government, or a foreign government instrumentality or entity, to recruit science and technology professionals or students (regardless of citizenship or national origin or whether providing the recruited individual a full-time or part-time position).

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.

Malign Foreign Talent Recruitment Programs

Per the OSTP Guidelines for Federal Research Agencies Regarding Foreign Talent Recruitment Programs, February 14, 2024, and for purposes of this policy:

1. 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—
   • engaging in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information owned by a United States entity or developed with a federal research and development award to the government of a foreign country or an entity based in, funded by, or affiliated with a foreign country regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products;
   • being required to recruit trainees or researchers to enroll in such program, position, or activity;
   • establishing a laboratory or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country or with an entity based in, funded by, or affiliated with a foreign country if such activities are in violation of the standard terms and conditions of a federal research and development award;
   • being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
   • through funding or effort related to the foreign talent recruitment program, being limited in the capacity to carry out a research and development award or required to engage in work that would result in substantial overlap or duplication with a federal research and development award;
   • being required to apply for and successfully receive funding from the sponsoring foreign government’s funding agencies with the sponsoring foreign organization as the recipient;
   • being required to omit acknowledgment of the recipient institution with which the individual is affiliated, or the Federal research agency sponsoring the research and development award, contrary to the institutional policies or standard terms and conditions of the Federal research and development award;
   • being required to not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity; or
   • having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the federal research and development award; and
2. a program that is sponsored by—
   • a foreign country of concern or an entity based in a foreign country of concern, whether or not directly sponsored by the foreign country of concern;
   • an academic institution on the list developed under section 1286(c)(8) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232); or
   • a foreign talent recruitment program on the list developed under section 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232).

Researcher

For purposes of this policy, “researcher” means all faculty and staff who work under the supervision of a Principal Investigator performing research, regardless of title and degree of contribution to the project, whether paid or unpaid, and regardless of sponsorship or source of sponsorship.

History

• Effective Date: May 20, 2024 for NSF-sponsored research; August 9, 2024 for all other research.
• Original Date Approved: May 14, 2024