Malign Foreign Talent Recruitment Program(s)
Malign Foreign Talent Recruitment Programs (MFTRPs) are a significant concern for safeguarding U.S. research and development (R&D). Participation in these programs is generally associated with harmful behaviors by individuals entrusted with conducting R&D on behalf of the American people. Deception, misuse of federal funds, running duplicate labs, and recruitment on behalf of a foreign country of concern, among others, puts U.S. R&D at risk of undue foreign interference and unauthorized transfer of intellectual property. These actions threaten the careers of talented U.S. researchers, the integrity and reliability of research, the public’s trust in science, and U.S. national interests.
Recognizing the risks MFTRPs pose, Congress has directed federal funding agencies to prohibit participation in these programs by organizations and researchers seeking or receiving Federal support. The NSF Proposal and Awards Policies and Procedures Guide (PAPPG) follows the definition of MFTRPs set forth in the CHIPS and Science Act of 2022 and U.S. Office of Science and Technology Policy (OSTP) implementing guidelines.
Malign foreign talent recruitment program. The term “malign foreign talent recruitment program” means:
- 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.
(i) 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.
(ii) Being required to recruit trainees or researchers to enroll in such program, position, or activity.
(iii) 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.
(iv) Being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances.
(v) 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.
(vi) 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.
(vii) 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.
(viii) Being required to not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity.
(ix) Having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award.
- A program that is sponsored by:
(i) 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.
(ii) An academic institution on the list developed under 1286(c)(8) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115-232).
(iii) 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. 2358 note; Public Law 115-232).
Per the PAPPG, the following are not considered malign foreign talent recruitment programs unless such activities are 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 2019 (10 U.S.C. 4001 note; Public Law 115-232):
- Making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law.
- Participation 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.
- Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request.
For further assistance in identifying MFTRPs, see below for a set of example MFTRP contracts. These examples of contracts are purely illustrative, and intended for guidance and informational purposes only. Identifying details have been redacted. NSF assumes no legal liability or responsibility for the use of or reliance upon these examples in organizational decision-making or for any other purpose.
MFTRP Example Contract 1
MFTRP Example Contract 2
MFTRP Example Contract 3
MFTRP Example Contract 4
MFTRP Example Contract 5
MFTRP Example Contract 6
MFTRP Example Contract 7
MFTRP Example Contract 8
MFTRP Annual Certification Frequently Asked Questions
Q: What is the MFTRP annual certification?
A: The MFTRP annual certification is described in the NSF PAPPG Chapter II.D.1.e(ii). Individuals who are currently party to a MFTRP are not eligible to serve as senior/key personnel on an NSF proposal or on any NSF award made on or after May 20, 2024. Starting on June 7, 2025, Principal Investigators (PIs) and co-Principal Investigators (co-PIs) must certify on an annual basis that they are not party to an MFTRP. NSF will implement the MFTRP annual certification requirement for all other senior/key personnel roles at a future date.
Q: Is a PI or co-PI named on multiple active NSF awards made on or after May 20, 2024, required to complete the MFTRP annual certification for each award?
A: PIs and co-PIs named on multiple active NSF awards made on or after May 20, 2024, must complete the MFTRP annual certification once each year to cover all active awards. The certifications are linked to the users registered in Research.gov with a PI or co-PI role and at least one active NSF award made on or after May 20, 2024.
Q: Must all senior/key personnel named on an NSF award made on or after May 20, 2024, certify annually that they are not party to a MFTRP?
A: Starting on June 7, 2025, all PIs or co-PIs named on an NSF award made on or after May 20, 2024, must certify that they are not party to a MFTRP on an annual basis. NSF intends to expand the MFTRP annual certification requirement for all senior/key personnel roles at a future date.
Q: How will I be notified each year when I am required to complete my MFTRP annual certification in Research.gov?
A: When you are required to certify, a pop-up message will display in Research.gov after you sign in to notify you that you must complete your MFTRP annual certification and what steps you need to take in Research.gov to complete the certification.
Q: Is the MFTRP annual certification different from the MFTRP certifications in the pre-award disclosure documents submitted with an NSF proposal?
A: Yes, the MFTRP annual certification is different. The pre-award disclosures in the Biographical Sketch and Current and Pending (Other) Support proposal sections described in PAPPG Chapter II.B.1 and Chapter II.D.1.e require that all individuals designated as senior/key personnel complete an MFTRP certification for each NSF proposal. The MFTRP annual certification is a post-award requirement. Pursuant to PAPPG Chapter II.D.1.e(ii), all individuals serving as a PI or co-PI on at least one active NSF award made on or after May 20, 2024, will be required to submit their MFTRP certification annually.
Q: Will a PI or co-PI who transfers to another organization have to recertify?
A: No. A PI or co-PI who transfers to another organization will not need to recertify. MFTRP annual certifications are linked to Research.gov users with a PI or co-PI role and an active award made on or after May 20, 2024, and not to their organizations.
Q: How can a PI or co-PI check whether they have already completed a MFTRP annual certification?
A: PIs and co-PIs can view their most recent MFTRP annual certification response under the Academic/Professional Information section of their profile by signing into Research.gov and selecting My Profile at the top of the screen.
Q: Can a PI or co-PI change their response to the MFTRP annual certification?
A: To change a response to the MFTRP annual certification, please email researchsecurity@nsf.gov for guidance.
Q: How long is my Malign Foreign Talent Recruitment Program annual certification valid?
A: The certification is valid for one year. A PI or co-PI named on an active award made on or after May 20, 2024, must certify in Research.gov each year.
Q: Are there instructions for how to complete the MFTRP annual certification?
A: Please see the Add a New Organization-Approved Role – Principal Investigator PI/Co-PI job aid in the Account Management User Guide for step-by-step instructions and associated screenshots to complete the MFTRP annual certification.
Q: If I have additional questions, who should I contact?
A: Please contact the NSF Office of the Chief of Research Security Strategy and Policy at researchsecurity@nsf.gov for more information. System-related questions should be directed to the NSF IT Service Desk at 1-800-381-1532 (7:00 AM – 9:00 PM ET; Monday – Friday except federal holidays) or rgov@nsf.gov.
