Effective May 17, 2024:
Investigators (as well as those who substantively participate in the preparation of UA award proposals) are prohibited from participating in a Malign Foreign Talent Recruitment Program (Click here for a definition of Malign Foreign Talent Recruitment Program.); and
- All Investigators and University Employees must disclose all current and future participation in any foreign talent recruitment program as an Outside Activity for review and COC approval via submission of a COC form in UA’s official disclosure system – eDisclosure. Individuals must have approval prior to engaging in the Outside Activity. (Click here for a definition of Foreign Talent Recruitment Program.)
The above requirements are issued pursuant to UA's Conflicts of Interest & Commitment Policy which states, in pertinent part, that University Employees (including undergraduate and graduate student employees), Designated Campus Colleagues, External Consultants, and Research Subrecipients must "adhere to any requirements deemed necessary by the University's Conflict Official or the University Employee's supervisor to comply with a directive or request from an external agency, or to manage or eliminate conflicts." Potential sanctions for violations of this Policy may include, but are not limited to:
- Additional training requirements or management terms;
- Suspension of an individual’s funding or research privileges;
- Discipline, up to and including termination of employment or University affiliation.
Beginning August 9, 2024, the DoD is prohibited from providing funding to or making an award of a fundamental research project proposal in which a covered individual is participating in a malign foreign talent recruitment program or to a proposing institution that does not have a policy addressing malign foreign talent programs pursuant to Section 10632 of the CHIPS and Science Act of 2022.
- Covered individual: An individual at an extramural research institution who contributes significantly to the design and/or execution of a fundamental research project that is, or if selected for award would be, funded, in whole or in part ,by the DoD, and who is considered essential to the successful performance of the fundamental research project. Covered individuals include those listed as key personnel in fundamental research project proposals, such as the principal investigator or co-principal investigators.
Countering Unwanted Foreign Influence in Department-Funded Research at Institutions of Higher Education (June 29, 2023)
In an effort to increase research security, Section 10632 of the CHIPS and Science Act of 2022 set a requirement for each Federal research agency to establish a policy on Malign Foreign Talent Recruitment Programs (42 U.S.C § 19232).
In accordance with the requirement, NSF made the following changes to the 2024 NSF PAPPG, which goes into effect on any NSF award after May 20, 2024:
- Modified Chapter I.E.3(b) to establish that individuals who are a party to a Malign Foreign Talent Recruitment Program are not eligible to serve as a senior/key person on an NSF proposal.
- Modified Chapter II.B to include language on the certification of malign foreign talent recruitment programs.
- Added Chapter II.D.1.d(ix) that requires organizational certification regarding malign foreign talent recruitment programs.
- Added Chapter II.D.1.e(ii) that applies to individuals designated as senior/key persons on a proposal who are current party to a malign foreign talent recruitment program.
Section 10631 of the CHIPS and Science Act of 2022 prohibits “covered individuals” from participating in a federally funded research and development project if they are currently participating in a “malign foreign talent recruitment program.” Sections 10631 and 10632 of the Act provide for covered individuals to disclose if they are a party to any foreign talent recruitment program, and to certify that they are not a party to a malign foreign talent recruitment program. Section 10633 provides that federal research agencies may request supporting documentation from applicants, and take a range of funding-related actions if warranted. To the extent practicable, recipient institutions are required to prohibit covered individuals participating in malign foreign talent recruitment programs from working on projects supported by research and development awards.
- Section 10638 of the Act defines “covered individual” as “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.” Agencies may also define other individuals as covered persons as appropriate and consistent with their mission.
Guidelines for Federal Research Agencies Regarding Foreign Talent Recruitment Programs (February 14, 2024)
§19232. Malign foreign talent recruitment program prohibition
(a) In general
Not later than 24 months after August 9, 2022, each Federal research agency shall establish a policy that, as part of a proposal for a research and development award from the agency—
(1) each covered individual listed in such proposal certify that each such individual is not a party to a malign foreign talent recruitment program in the proposal submission of each such individual and annually thereafter for the duration of the award; and
(2) each institution of higher education or other organization applying for such an award certify that each covered individual who is employed by such institution of higher education or other organization has been made aware of the requirements under this section and complied with the requirement under paragraph (1).
42 USC CHAPTER 163, SUBCHAPTER VI, Part C: Research Security