Background on Research Security

The National Security Presidential Memorandum – 33 (NSPM-33) was signed into action on January 14, 2021. NSPM-33 directs actions by federal funding agencies and participants to strengthen protections of U.S. government-supported research and development against foreign government influence, interference, and exploitation. 

The term “participants” includes researchers at academic research institutions and medical centers.

NSPM-33 directs that covered entities will:

  • Strengthen disclosure requirements, processes, investigation capabilities, and sanctions related to conflicts of interest and commitment, as well as “other support” reporting.
  • Require heads of funding agencies to ascertain that research institutions receiving federal science and engineering support of more than $50 million per year certify to the funding agency that the institution has established and operates a research security program.
  • Establish institutional research security programs that include elements of cybersecurity, foreign travel security, visitor vetting, training on foreign government talent recruitment programs, insider threat awareness and identification, and, as appropriate, export control training.

Foreign Talent Recruitment Programs

The US government defines “Foreign Talent Recruitment Programs” as organized efforts that are managed, or funded, by a foreign government/ foreign government instrumentality or entity, to recruit science and technology professionals or students—regardless of citizenship or national origin.

Malign Foreign Talent Recruitment

A Malign Foreign Talent Program, as defined by the Creating Helpful Incentives to Produce Semiconductors and Science Act of 2022 (CHIPS & Science Act), is a program that is sponsored by:

  • a foreign country of concern (The People’s Republic of China, the Democratic People’s Republic of Korea, The Russian Federation, and the Islamic Republic of Iran);  
  • 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; 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.

AND

a program, position, or activity that includes compensation that is 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.

Examples of compensation include cash or in-kind compensation such as:

  • research funding
  • promised future compensation
  • complimentary foreign travel
  • things of non-de minimis value (examples: honorific titles, career advancement opportunities or other types of remuneration or consideration)

In exchange for this compensation, an individual may be asked to: 

  • engage in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information;
  • recruit trainees or researchers to enroll in such program, position, or activity;
  • establish a laboratory, or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country in violation of terms and conditions of a federal research award;
  • be unable to terminate the contract except in extraordinary circumstances;
  • be 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 of a Federal research and development award;
  • be required to apply for and successfully receive funding from the sponsoring foreign government's funding agencies with the sponsoring foreign organization as the recipient;
  • be 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;
  • be required to not disclose to the Federal research agency or employing institution the participation of such individual in such program, position, or activity; OR
  • have a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development;

Examples of malign foreign talent programs that pose a threat to national security interests in the United States include, but not limited to:

  • Changjiang Scholar Distinguished Professorship
  • Hundred Talents Plan
  • Pearl River Talent Program
  • Project 5-100
  • River Talents Plan
  • Thousand Talents Plan
  • Any program that meets one of the criteria contained in Section 10638 (4)(A) and either Section 10638 (4)(B)(i) or (ii) in the CHIPS and Science Act.