Individuals participating in a Malign Foreign Talent Recruitment Program are prohibited from participating in projects selected for federal funding under DOE notices of funding opportunities (NOFOs).
Prior to FY 2025, many DOE funding opportunities included a notice that if applicants were participants in foreign government-sponsored talent recruitment programs sponsored by a country of risk, they were prohibited from participating in projects selected for DOE funding. In FY 2025, DOE updated the terminology and requirements in its longstanding prohibition to better align with the OSTP Foreign Talent Recruitment Program Guidelines issued in February 2024.
Requirements for Covered Individuals
At Application:
- Certify that you are not currently participating in a malign foreign talent recruitment program (MFTRP). This certification is located on the Common Forms in SciENcv.
During Project:
- Notify your employer and DOE if there are any changes to your MFTRP participation status.
Requirements for Prime Applicants/Recipients and Subrecipients
At Application:
- Provide the identity of all owners, principal investigators, project managers, and covered individuals who are a party to any Malign Foreign Talent Recruitment Program (MFTRP).
- Certify that each covered individual has been made aware of the MFTRP prohibition and complied with their certification responsibilities.
During Project:
- Exercise ongoing due diligence to reasonably ensure that no individuals participating on the DOE-funded project are participating in a MFTRP.
- Notify DOE within five business days upon learning that an individual on the project team is or is believed to be participating in a malign foreign talent recruitment program.
FAQs
Answer: No. All foreign talent recruitment programs sponsored by a foreign country of concern (FCOC) meet the definition of a Malign Foreign Talent Recruitment Program. Further, all programs sponsored by 4.B.i or 4.B.ii of Section 10638 of P.L. 117-167 (42 USC 19237) meet the definition of a Malign Foreign Talent Recruitment Program because such programs only need to indirectly include one of the malign characteristics included in A.i-ix of Section 10638 of P.L. 117-167 (42 USC 19237).
Answer: Researchers or universities who receive a grant or award are subject to the financial assistance term, “Malign Foreign Talent Program Prohibition”, which is outlined in DOE NOFOs and Award Terms & Conditions (see DOE's Standard Terms and Conditions). The DOE Order 486.1 applies to DOE Employees and Contractor Personnel.
Answer: This is a catch-all for other things a recruitment program might offer to a researcher to incentivize them to violate scientific integrity.