Research Security & Foreign Influence
Introduction
There is growing concern by the United States (U.S.) government regarding inappropriate influence by foreign entities to federally funded research. The Office of Science and Technology Policy (OSTP) and federal sponsors such as the National Science Foundation (NSF), the National Institutes of Health (NIH), Department of Defense (DoD), and the Department of Energy (DoE) have issued communications with the research community about research security and have expressed concerns for the potential for foreign influence in research due to (1) failure by some investigators to disclose financial support from other organizations, including foreign governments, (2) diversion of intellectual property to foreign entities, and (3) sharing of confidential information by peer reviewers with others, including some instances with foreign entities.
While the University of Maine thrives on, and encourages international collaboration, investigators must be transparent about their foreign relationships and activities, and take steps to protect their research. Failure to mitigate foreign influence in research jeopardizes the research enterprise at UMaine and the U.S. at large.
This webpage serves as a resource for guidance regarding foreign influence in research and research security, including steps the University is taking to address and mitigate these concerns, sponsor-specific guidance, and investigator responsibilities.
Disclosure of Foreign Relationships and Activities & Other Investigator Responsibilities
Transparency in Disclosure
All foreign components of federally funded research should be disclosed during proposals, progress reports, and final technical reports. Investigators with external funding should carefully review the sponsor’s current disclosure requirements and contact the UMaine Office of Research Administration (ORA) for assistance or further guidance. In addition, investigators should:
- Review and update ‘Current and Pending Support’ (C&P) information and ‘Other support’ information in pending proposals and active awards per sponsor-specific guidance.
- National Science and Technology Council (NSTC) Research Security Subcommittee NSPM-33 Implementation Guidance Disclosure Requirements & Standardization (external link) – Sept. 1, 2022
- NSF Pre-award and Post-award Disclosures Relating to the Biographical Sketch and Current and Pending (Other) Support (external link)
- NSF Guidance & Frequently Asked Questions on C&P Support (external link)
- NIH Other Support (external link) (Updated March 12, 2021 in response to NOT-OD-21-073 [external link])
- DoD Memorandum “Actions for the Protection of Intellectual Property, Controlled Information, Key Personnel and Critical Technologies” (PDF) (external link)
- DoD policy on Risk-Based Security Reviews of Fundamental Research (external link) (includes a Decision Matrix DoD will use to assess a researcher’s associations, affiliations, collaborations, and funding)
- National Aeronautics and Space Administration (NASA): Grant Notice GN 24-01: Forthcoming Grant Policies in Response to 2 CFR Revisions and NSPM-33 (PDF) (external link) – Sept. 5, 2024
- Review and update biosketches and ensure all professional appointments and collaborations, both foreign and domestic, are disclosed according to sponsor requirements in proposals and reports.
- NSTC Research Security Subcommittee NSPM-33 Implementation Guidance Disclosure Requirements & Standardization (external link) – Sept. 1, 2022
- NSF Pre-award & Post-Award Disclosures relating to the Biographical Sketch and Current & Pending Support (PDF) (external link) – Sept. 1, 2021
- NSF-Approved Formats for the Biographical Sketch (external link)
- NIH Requirements for Disclosure of Other Support, Foreign Components and Conflicts of Interest (external link)
- DoD policy on Risk-Based Security Reviews of Fundamental Research (external link) (includes a Decision Matrix DoD will use to assess a researcher’s associations, affiliations, collaborations, and funding)
- NASA: Grant Notice GN 24-01: Forthcoming Grant Policies in Response to 2 CFR Revisions and NSPM-33 (PDF) (external link) – Sept. 5, 2024
- Ensure appropriate disclosure of foreign components for NIH-supported projects (see NIH Other Support and Foreign Components Frequently Asked Questions [external link]).
Faculty and staff should also familiarize themselves with the University of Maine System (UMS) and UMaine policies applicable to Conflict of Interest and outside employment and be fully transparent in disclosing outside interests and commitments. These policies include:
- The University of Maine System Conflict of Interest Policy
- UMaine Policies and Procedures for Financial Disclosures and Conflicts of Interest in Extramurally Sponsored Activities (PDF)
- Outside Employment Article(s) in your applicable bargaining unit contract (UMS Labor Relations)
The federal government has directed the university community to exercise extreme caution related to involvement with Foreign Talent Recruitment Programs (FTRP) due to the concern they may be used by foreign governments to acquire U.S. government-funded scientific research and valuable intellectual property. The CHIPS and Science Act of 2022 (external link) (CHIPS Act) directs federal research sponsors to maintain policies which:
- require covered individuals to disclose all participation in FTRPs, and
- prohibit recipients of federal support from participating in any Malign FTRPs (MFTRPs).
Researchers must familiarize themselves with institutional and agency requirements for disclosure of participation in FTRP and prohibitions against participating in any MFTRPs. The University of Maine policy and additional information about FTRP and MFTRP, including sponsor-specific information, can be found on the University’s guidance on Foreign Talent Recruitment Programs.
Export Controls
- Review UMaine’s guidance regarding export control regulations, and contact the Office of Research Compliance for Restricted Party Screening and other export compliance assistance before engaging with foreign partners/entities (including sponsoring visiting scholars and researchers).
Security of Materials, Data, and Confidential Information
- Practice good cyber hygiene – review the policy & guidance available from UMaine Advanced Research Computing, Security, and Information Management (ARCSIM) and the UMS Information Security Office
- Utilize a Material Transfer Agreement (MTA) or Non-Disclosure Agreement (NDA) when sharing or exchanging materials
- Note that all agreements must be reviewed and signed by institutional officials with the appropriate signature authority
- Accepting controlled information or restrictions under research agreements may require the use of Technology Control Plans (TCP) or heightened cybersecurity. Typically, this would be identified through review of an agreement through either the Office of Research Administration (ORA) or Department of Industrial Cooperation (DIC), however – if you accept or anticipate accepting controlled information and are not already working with ORA or DIC (such as through a conference or loose collaboration), contact the Office of Research Compliance to request a review and establish a TCP.
Intellectual Property
- Review the UMS Intellectual Property (IP) policy and ensure all University IP is appropriately disclosed and protected.
Select Resources Regarding Foreign Influence and Research Security
Office of Science and Technology Policy (OSTP)
- White House Press Release “OSTP Releases Guidelines for Research Security Programs at Covered Institutions” (external link) – July 9, 2024
- OSTP Blog “An Update on Research Security: Streamlining Disclosure Standards to Enhance Clarity, Transparency, and Equity” (external link) – Aug. 31, 2022
- Guidance for Implementing NSPM-33 on National Security Strategy for United States Government-Supported Research & Development (PDF) (external link) – Jan. 2022
- NSPM-33: Presidential Memorandum on United States Government-Supported Research and Development National Security Policy (external link) – Jan. 19, 2021
- Joint Committee on the Research Environment (JCORE): Recommended Practices for Strengthening the Security and Integrity of America’s Science and Technology Research Enterprise (PDF) (external link) – Jan. 15, 2021
- OSTP Regional Webinar on Research Security, “Enhancing the Security and Integrity of America’s Research Enterprise (PDF) (external link)” – June 2020
- OSTP Letter to the United States Research Community (PDF) (external link) – Sept. 16, 2019
National Counterintelligence and Security Center (NCSC)
- NCSC Fact Sheet – Protecting Critical and Emerging U.S. Technologies from Foreign Threats (PDF) (external link) – October 22, 2021
National Science Foundation (NSF)
- NSF Research Security (external link)
- NSF News Release 19-023 ‘Open international research collaboration essential, must have safeguards, independent report finds’ (external link) & report, “Fundamental Research Security” (PDF) (external link) – Dec. 11, 2019
- NSF Dear Colleague Letter on Research Protection (PDF) (external link) – July 11, 2019
- NSF Statement of The National Science Board on Security and Science October 23, 2018 NSB-2018-42 (PDF) (external link)
National Institutes of Health (NIH)
- Foreign Interference (external link)
- New Decision Matrix Further Clarifies NIH Processes for Handling Allegations of Foreign Interference – Aug. 15, 2024
- NOT-OD-21-073 Upcoming Changes to the Biographical Sketch and Other Support Format Page for Due Dates on or after May 25, 2021 (external link) – March 12, 2021
- NIH Dear Colleague Letter on Foreign Influence (PDF) (external link) – Aug. 20, 2018
- NIH Guidance on Investigator Disclosures of Foreign Financial Interest (external link) – March 30, 2018
Department of Energy (DOE)
- DOE Directive O 486.1A (external link), Foreign Government Sponsored or Affiliated Activities – Sept. 4, 2020
Department of Defense (DoD)
- DoD Academic Research Security (external link)
- DoD policy on Risk-Based Security Reviews of Fundamental Research (external link) – June 30, 2023
- DoD Under Secretary Letter to Research Community on Science & Security (PDF) (external link) – Oct. 10, 2019
- Memo from the Under Secretary of Defense on Actions for the Protection of Intellectual Property, Controlled Information, Key Personnel, and Critical Technologies (PDF) (external link) – March 20, 2019
- Prohibition on Procurement of Foreign-Made Unmanned Aircraft Systems (DARS [Defense Acquisition Regulations System] Tracking Number: 2020-O0015) (PDF) (external link) – May 29, 2020
National Aeronautics and Space Administration (NASA)
- NASA Grant Notice GN 24-01: Forthcoming Grant Policies in Response to 2 CFR Revisions and NSPM-33 (PDF) (external link) – Sept. 5, 2024
Federal Law Enforcement Activity
- U.S. drops case against Massachusetts Institute of Technology (MIT) professor accused of ties to China (wgbh.org) (external link) – January 20, 2022
- Federal Bureau of Investigation (FBI) accuses former Jackson Lab researcher of failing to disclose China connections (Bangor Daily News) (external link) – March 3, 2021
- MIT Professor Arrested for Grant Fraud: Defendant allegedly failed to disclose his work for the People’s Republic of China to U.S. Department of Energy (Justice.gov) (external link) – Jan 14, 2021
- Harvard Chemistry Chair Placed on Leave After Federal Government Charges He Hid Chinese Funding (Harvard Crimson) (external link) – Jan 29, 2020