Malign Foreign Talent Recruitment Programs

Federal research sponsors, including the National Science Foundation (NSF), National Institutes of Health (NIH), Department of Defense (DoD), Department of Energy (DOE), NASA, and other federal agencies, have implemented research security requirements stemming from the CHIPS and Science Act of 2022 and related federal policies. These requirements are intended to safeguard the U.S. research enterprise while continuing to support appropriate and transparent international research collaborations.

A Malign Foreign Talent Recruitment Program (MFTRP) is a program, position, or arrangement sponsored by certain foreign governments, institutions, or entities that seeks to recruit researchers in exchange for compensation, research support, or other benefits while requiring activities that may compromise research integrity, transparency, or U.S. national and economic security interests. Federal law identifies specific characteristics of these programs, including requirements to transfer intellectual property, establish unauthorized research activities, conceal foreign support or affiliations, recruit others into the program, or otherwise undermine the integrity of federally funded research. Not all foreign appointments, collaborations, or sources of support constitute an MFTRP, and participation in legitimate international research collaborations remains permissible when appropriately disclosed and conducted in accordance with sponsor requirements.

Federal law and agency policy prohibit participation in Malign Foreign Talent Recruitment Programs by individuals involved in many federally funded research activities, subject to applicable sponsor requirements. Compliance with these requirements is now incorporated into proposal certifications and award conditions across many federal funding agencies.

Malign Foreign Talent Recruitment Program Attestation

To support institutional compliance, New York Tech has implemented a Malign Foreign Talent Recruitment Program Attestation. Beginning immediately, Principal Investigators and other individuals identified as senior/key personnel on applicable federally sponsored proposals and awards, as required by sponsor policy, will be asked to complete this attestation as part of the university’s internal proposal review and submission process for federally sponsored projects.

The purpose of this attestation is to:

• Assist investigators in understanding the federal requirements.
• Confirm compliance with applicable federal research security requirements prior to proposal submission.
• Enable New York Tech to satisfy its institutional responsibilities for federally sponsored research.

Investigators are encouraged to disclose foreign affiliations, appointments, collaborations, in-kind support, and other outside research activities fully and timely. When in doubt, disclosure is generally the preferred approach and allows New York Tech to assess the activity against applicable sponsor requirements.

It is important to emphasize that not all foreign affiliations or international collaborations are prohibited. International research collaborations, visiting appointments, scholarly activities, and professional engagements remain appropriate when they are transparent, properly disclosed, and consistent with sponsor requirements. The federal prohibition applies only to activities that meet the statutory definition of a Malign Foreign Talent Recruitment Program.

Questions and Support

If you have questions about a foreign appointment, collaboration, agreement, source of support, or other outside activity, or are uncertain whether it should be disclosed, please contact the Office of Sponsored Programs and Research (OSPAR) before proposal submission or before accepting a new research-related engagement.

Additional resources, including the New York Tech Malign Foreign Talent Recruitment Program Attestation, federal research security requirements, and related guidance documents, are available through OSPAR.