What is a foreign government talent recruitment program (FGTRP)?

Based on the U.S. Office of Science and Technology Policy's (OSTP's) Guidelines for Federal Research Agencies Regarding Foreign Talent Recruitment Programs was released on February 14, 2024 in accordance with Section 10631(b) of the CHIPS and Science Act of 2022 (“the Act”), a foreign talent recruitment program is 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.

Consistent with Section 10632(d) of the Act, a foreign talent recruitment program does not include the following international collaboration activities, so long as the activity is 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 2019 (10 U.S.C. 4001 note; Public Law 115-232):

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:
   • 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.
   • 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).
   • 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.
   • Receiving awards for research and development which serve to enhance the prestige of the federal research agency (e.g., the Nobel Prize).
   • Other international activities determined appropriate by the federal research agency head or designee. 

U-M researchers are advised that participation in an FGTRP must be disclosed to the university in M-Inform, and to federal sponsors in Biosketches and Current & Pending/Other Support, as applicable.  Federal governments consider this disclosure in determining funding.  Failure to disclose participation in an FGTRP has resulted in legal action by the U.S. government against researchers who are engaged in federally-sponsored research.

Malign foreign talent recruitment programs are defined here.  U-M has a Policy Prohibiting Participation in Malign Foreign Talent Recruitment Programs consistent with federal requirements.

Contact COI.Support@umich.edu if you need assistance determining whether an activity or relationship may be considered a foreign government talent recruitment program.