PRINT DISCLAIMER: Official version of this document is accessible in the online policy library at https://policyoffice.ku.edu/. Printed copies may not reflect the most recent updates.
DOCUMENT TYPE:
Policy
PURPOSE:
To outline compliance with the prohibition of involvement in malign foreign talent recruitment programs.
APPLIES TO:
Faculty, staff, and students named as key personnel on externally sponsored proposals/awards
CAMPUS:
Lawrence, Edwards, Leavenworth, Juniper Gardens, Parsons, Pittsburg, Salina, Topeka, Wichita, Yoder, Kansas City (KUMC), Salina (KUMC), Wichita (KUMC)
POLICY STATEMENT:
Ensuring the security of academic research and development (R&D) is a key focus of the U.S. Federal Government to preserve the research innovation environment. This focus has resulted in multiple regulatory requirements intended to ensure federally funded R&D is protected.
Section 10632 of the CHIPS and Science Act of 2022 (42 U.S.C. § 19232) prohibits collaboration with malign foreign talent recruitment programs and requires federal research agencies to establish a policy requiring individuals to certify they are not part of a “malign” foreign talent recruitment program.
To ensure University compliance with this requirement, key personnel (covered individual) on all externally-sponsored proposal(s) and/or award(s) are prohibited from engagement with and participation in any malign foreign talent program activities, as defined by the federal government, regardless of whether the program is indicated as a talent recruitment program.
Additionally, all individuals designated as senior/key persons on a proposal must certify they are not party to a malign foreign talent recruitment program.
EXCLUSIONS OR SPECIAL CIRCUMSTANCES:
This policy does not prohibit international collaborations (e.g., scholarly presentations, publishing written materials regarding scientific information not otherwise controlled, participation in international conferences/exchanges, writing a recommendation letter for a foreign student) unless such activities are funded, organized, or managed by an academic institution or a foreign talent recruitment program in Section 1286(c) of the FY19 NDAA.
Activities as defined under “Foreign government-sponsored talent recruitment program” are not disallowed unless they also meet the definition of “Malign foreign talent recruitment program”
CONSEQUENCES:
Involvement with malign foreign talent program activities, or misrepresentations of certifications, may result in ineligibility to propose to specific sponsors, loss of sponsored funding or agency withdrawal of funding, and/or revocation of Principal Investigator (PI) status. Additional consequences may result if involvement is determined to be in violation of additional University policies.
CONTACT:
Lawrence campus and all reporting units:
Office of Research
(785) 864-3441
ovcr@ku.edu
KU Medical Center campus and all reporting units:
Research Administration
(913) 588-1261
researchadministration@kumc.edu
APPROVED BY:
Chancellor
APPROVAL DATE:
2025-05-19
EFFECTIVE DATE:
2025-05-19
REVIEW CYCLE:
Annual (As Needed)
RELATED STATUTES, REGULATIONS, AND/OR POLICIES:
National Security Presidential Memorandum-33 (NSPM 33) Implementation Guidance Appendix: Definitions
Preventing the Improper Use of CHIPS Act Funding
RELATED RESOURCES:
National Security Presidential Memorandum-33 Implementation Guidance Appendix: Definitions (November 1, 2023)
DEFINITIONS:
Covered individual - 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. 42 USC § 19237
Foreign country of concern – means the People's Republic of China, the Democratic People's Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country deemed to be a country of concern as determined by the Department of State. 42 USC § 19237
Foreign government-sponsored talent recruitment program - 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 having a full-time or part-time position). Some foreign government-sponsored talent recruitment programs operate with the intent to import or otherwise acquire from abroad, sometimes through illicit means, proprietary technology or software, unpublished data and methods, and intellectual property to further the military modernization goals and/or economic goals of a foreign government. Many, but not all, programs aim to incentivize the targeted individual to relocate physically to the foreign state for the above purpose. Some programs allow for or encourage continued employment at United States research facilities or receipt of federal research funds while concurrently working at and/or receiving compensation from a foreign institution, and some direct participants not to disclose their participation to United States entities. Compensation could take many forms including cash, research funding, complimentary foreign travel, honorific titles, career advancement opportunities, promised future compensation, or other types of remuneration or consideration, including in-kind compensation. National Security Presidential Memorandum-33 Implementation Guidance Appendix: Definitions (November 1, 2023)
Malign foreign talent recruitment program - (A) 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; or (ix) having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the federal research and development award; and (B) 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 section 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); or (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; 1 Public Law 115–232). 42 USC § 19237
Research and development award - support provided to an individual or entity by a federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a federal research agency. 42 USC § 18901(25)
CHANGE HISTORY:
05/19/2025: New policy published in the Policy Library.