A “malign foreign talent recruitment program” is as defined in Section 10638 of the CHIPS Act and included on page 5 of the OSTP Guidance. While the statutory definition is controlling, the definition is simplified here as any Foreign Talent Recruitment Program which meets the criteria of BOTH (A) and (B) below:

1. the program provides compensation (in any form) directly or indirectly by a foreign country or an entity based in, funded by or affiliated with a foreign county to the targeted individual in exchange for one of the following:
   1. engaging in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information;
   2. being required to recruit trainees or researchers to enroll in such program, position, or activity;
   3. 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;
   4. being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;
   5. 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;
   6. 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;
   7. 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;
   8. 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
   9. having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the Federal research and development award. and
2. the program that is sponsored by –
   1. a Foreign Country of Concern or an entity based in a Foreign Country of Concern,;
   2. an academic institution on the NDAA Section 1286(c)(8) List; or
   3. a foreign talent recruitment program on the NDAA Section 1286(c)(9) List.