| Title: | Malign Foreign Talent Program Participation Policy |
|---|---|
| Policy Owner: | Office of the Vice President for Research, Research Security Services |
| Applies to: | Covered Individuals, as defined |
| Campus Applicability: | All Campuses, including UConn Health |
| Approval Date: | August 6, 2024 |
| Effective Date: | August 7, 2024 |
| For More Information, Contact: | Director, OVPR Research Security Services Director, Sponsored Program Services |
| Contact Information: | 860-486-3622 (Storrs and Regional Campuses) 860-679-4040 (UConn Health) |
| Official Website: | https://ovpr.uconn.edu (Storrs and Regional Campuses) https://ovpr.uchc.edu (UConn Health) |
PURPOSE
To maintain the integrity of research conducted at or under the auspices of UConn and UConn Health. This policy establishes the University’s compliance framework for researchers to comply with the requirements set forth in section 10632 of the CHIPS and Science Act of 2022 (42 U.S.C. 19232) related to participation in Malign Foreign Talent Recruitment Programs.
APPLIES TO
This policy applies to Covered Individuals working on Federally Funded Research administered through or otherwise conducted under the auspices of the Covered Individual’s University affiliation, appointment, or employment.
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 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. Covered Individuals may be named on the Federally Funded Research Award.
Federally Funded Research: Any research for which a grant, contract, or other agreement with any federal government agency exists, including but not limited to, the Department of Defense, the Department of Energy, the Public Health Service, the National Aeronautics and Space Administration and the National Science Foundation.
Federal Research Agency: Any agency of the U.S. federal government that provides funding for research, including but not limited to, the Department of Defense, the Department of Energy, the Public Health Service, the National Aeronautics and Space Administration and the National Science Foundation.
Foreign Country of Concern: A country that the U.S. federal government has designated under the International Religious Freedom Act of 1998 as a country whose government has engaged in or tolerated “particularly severe violations of religious freedom.” The list of Countries of Concern is maintained by the Department of State and is updated annually.
Malign Foreign Talent Recruitment Program (MFTRP): A talent program requiring one or more problematic actions and having problematic sponsorship (CHIPS and Science Act of 2022, 42 U.S.C. § 19232). A detailed approach to the definition is available here.
POLICY STATEMENT
In accordance with section 10632 of the CHIPS and Science Act of 2022, which prohibits Federal Research Agencies from making awards to individuals who are party to a Malign Foreign Talent Recruitment Program, Covered Individuals listed in a Federally Funded Research award, contract or in a proposal for federal funding, whether directly or through a subaward, are prohibited from participating in a Malign Foreign Talent Recruitment Program. The University of Connecticut continues to support and encourage openness in research and international collaborations that do not take the form of a Malign Foreign Talent Recruitment Program.
UConn Certification
Sponsored Programs must certify 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.
Roles and Responsibilities
The Principal Investigator of a Federally Funded Research award will ensure all Covered Individuals on the award understand their responsibilities under this policy and will report any concerns to Research Security Services for review.
Covered Individuals: Each Covered Individual listed in a proposal for a research award from a Federal Sponsor must certify as part of the proposal submission that they are not currently participating in, nor will they participate in, a Malign Foreign Talent Recruitment Program. Upon receipt of the award, such certification must be renewed annually for the duration of the award.
OVPR Conflict of Interest (COI) Service: Will collect COI reporting forms from Covered Individuals
Office of the General Counsel: Will advise Research Security Services with the review of activities that may be considered Malign Foreign Talent Recruitment Programs.
Faculty Consulting Offices: Will review consulting requests for involvement in a Malign Foreign Talent Recruitment Program and will facilitate the review of any requests of activities occurring in or with an entity of a maligned foreign country in coordination with Research Security Services
Research Security Services: Will review activities that may be considered Malign Foreign Talent Recruitment Programs in coordination with all relevant offices.
Sponsored Program Services: Will collect certifications from Covered Individuals on a per-proposal basis and for funded awards confirm on an annual basis and will certify to Federal Agencies that this policy exists and, if required, that Covered Individuals are compliant with this policy.
ENFORCEMENT
Violations of this policy may result in appropriate disciplinary measures in accordance with University By-Laws, General Rules of Conduct for All University Employees, applicable collective bargaining agreements, and the University of Connecticut Student Code.
Participation in a Malign Foreign Talent Recruitment Program will prevent a Covered Individual from participating in a Federally Funded Research award. Covered Individuals who participate in a Malign Foreign Talent Recruitment Program after commencing work on Federally Funded Research will be removed from Federally Funded Research.
REFERENCES
CHIPS and Science Act of 2022, 42 U.S.C. § 19232
POLICY HISTORY
Policy created: 08/06/2024 (Approved by Senior Policy Council and President)