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Policy Date: September 2024

Purpose

In accordance with federal regulations, the University of ÁùºÏ±¦µä, Reno (the University) prohibits Covered Individuals working on federally-funded research and development awards from participating in Malign Foreign Talent Recruitment Programs. This policy establishes the University’s compliance framework for the requirements set forth in section 10632 of the .

Scope

This policy applies to Covered Individuals working on federally-funded research and development awards.

Policy Statement

The University prohibits Covered Individuals listed in a federally-funded research and development award or in a proposal for federal funding, whether directly or through a subaward, from participating in a Malign Foreign Talent Recruitment Program.

Responsibilities

Covered Individuals: Each Covered Individual listed in a proposal for a research and development award from a Federal Research Agency must comply with that agency’s requirements to certify as part of the proposal submission that they are not currently participating in and will not participate in a Malign Foreign Talent Recruitment Program. Upon receipt of the award, the Covered Individual must make the certification annually for the duration of the award.

The University: The University is responsible for certifying that all Covered Individuals on proposals submitted to a Federal Research Agency have been made aware of the requirements under section 10632 of the CHIPS and Science Act of 2022 related to Malign Foreign Talent Recruitment Programs and are in compliance with those requirements.

Sponsored Projects: Ensures that Covered Individuals on proposals to Federal Research Agencies are compliant with the agency’s disclosure and certification requirements, and will make the required certifications to Federal Research Agencies regarding compliance with this policy.

Research Integrity & Security: Collects and reviews Conflict of Interest disclosures and Compensated Outside Activity requests and facilitates the review of any reported participation in Malign Foreign Talent Recruitment Programs.

Vice President for Research and Innovation: Is the University’s research security point of contact with responsibility for implementation and oversight of the University’s Research Security Plan and this policy.

Definitions

For the purpose of this policy, the terms below have the following definitions:

Covered Individual: 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 carries 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.

Foreign Country of Concern: China, North Korea, Russia, Iran, or any other country determined to be a country of concern by the U.S. Secretary of State.

Malign foreign talent recruitment program:

1. any program, position, or activity that includes compensation in the form of cash, in-kind compensation, including research funding, promised future compensation, complimentary foreign travel, things of non de minimis value, honorific titles, career advancement opportunities, or other types of remuneration or consideration 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, in exchange for the individual—
   1. engaging in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information owned by a United States entity or developed with a Federal research and development award to the government of a foreign country or an entity based in, funded by, or affiliated with a foreign country regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products;
   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. A program that is sponsored by—
   1. a foreign country of concern or an entity based in a foreign country of concern, whether or not directly sponsored by the foreign country of concern;
   2. 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 (10 U.S.C. 2358 note; Public Law 115– 232); or
   3. 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 (10 U.S.C. 2358 note; 1 Public Law 115–232).
3. The following are not considered malign foreign talent programs:
   1. making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;
   2. participation in international conferences or other international exchanges, research projects or programs that involve open and reciprocal exchange of scientific information, and which are aimed at advancing international scientific understanding and not otherwise controlled under current law;
   3. advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request.

Consequences for Violating this Policy

The University will not permit a Covered Individual that the University knows is participating in a Malign Foreign Talent Recruitment Program to work on a Federally Funded Research award. The University will remove Covered Individuals who the University learns are participating in a Malign Foreign Talent Recruitment Program after commencing work on Federally Funded Research from Federally Funded Research in accordance with the procedures of the relevant sponsor.

Additionally, undisclosed participation in a Malign Foreign Talent Recruitment Program may have other serious consequences, including prohibition of an individual from participating in federally sponsored research. Participation may also post risks to U.S. national security. Participants in undisclosed foreign talent recruitment programs have faced charges of export control law violations, economic espionage and theft of trade secrets, and grant and tax fraud.