Dear Colleagues,
I am writing to inform you of federal requirements regarding malign foreign government talent recruitment programs as defined in the CHIPS and Science Act of 2022 (the “CHIPS Act”).
The CHIPS Act requires that each federal research agency establish a policy requiring that covered individuals (including senior and key personnel) certify that they are not part of a malign foreign talent recruitment program (defined below) in the proposal submission and annually thereafter. The CHIPS Act also prohibits research and development awards from being made for any proposal in which a covered individual is participating in a malign foreign talent recruitment program. Agencies are beginning to implement these requirements. As such, University researchers who currently participate in a malign foreign talent recruitment program are not eligible for federal research funding.
Federal agencies will require University researchers to certify that they are not members of a malign foreign talent recruitment program in the proposal submission and annually thereafter throughout the duration of the award. NSF is the first agency to require this certification, beginning May 20, 2024. The certifications are included in the new “Common Forms” of Biographical Sketch and Current and Pending (Other) Support. NIH has communicated that it expects to adopt the Common Forms in January 2025.
More details, including how you can get advice on complying with these requirements, are described at the end of this message.
We also remind you to follow these standard compliance practices:
- Review the University’s guidance on foreign talent recruitment programs.
- Fully disclose your outside engagements (domestic and foreign) in accordance with University and federal requirements. This includes annual and ad hoc disclosures through Reporting of Outside Financial Interests, as well as disclosures made through the Biographical Sketch and Current and Pending (Other) Support forms.
- Carefully consider the acceptance of an international appointment or affiliation, particularly in foreign countries of concern (defined by law as including China, Russia, North Korea, and Iran), as these appointments or affiliations may meet the CHIPS Act definition of a malign foreign talent recruitment program.
- Review Guidance and Advice for Faculty who Engage in Outside Consulting.
- Review other guidance on research security topics.
Thank you for your attention to this important matter.
Regards,
Steve
Steve Dewhurst, PhD
Vice President for Research