The purpose of this policy is to maintain the integrity of Research conducted at or under the auspices of Brown University. This policy establishes the University’s compliance framework for the requirements set forth in section 10632 of the CHIPS and Science Act of 2022, Pub. L. No. 117-167, 136 Stat. 1366 (codified at 42 U.S.C. § 19232) related to participation in Malign Foreign Talent Recruitment Programs.

This policy applies to Covered Individuals working on Federally Funded Research administered through or otherwise conducted under the auspices of the Covered Individual’s Brown University affiliation, appointment, or employment.

Brown prohibits Covered Individuals listed in a Federally Funded Research award or in a proposal for Federal Funding, whether directly or through a subaward, from participating in a Malign Foreign Talent Recruitment Program. Brown continues to support and encourage openness in research and international collaborations that do not jeopardize research integrity or compliance with sponsor requirements.

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 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.

Federally Funded Research: Any Research for which a grant, contract or other agreement with any U.S. Federal Research 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 named in the CHIPS and Science Act’s definition of “Foreign Country of Concern,” see 42 U.S.C. § 19237, or any other country determined to be a country of concern by the U.S. Department of State. Guidance on this list.

Malign Foreign Talent Recruitment Program (MFTRP): A program described in the CHIPS and Science Act’s definition of Malign Foreign Talent Recruitment Program, see 42 U.S.C. § 19237, and any associated regulations, as may be amended or changed by the federal government from time-to-time. Guidance on the definition.

Research: Any systematic investigation, study, or experiment designed to develop or contribute to generalizable knowledge, including basic and applied research (e.g., a published article, book or book chapter) and product development (e.g., a diagnostic test, drug or device), and non-research projects such as training, clinical services, educational conferences, exhibitions, performances, archives, workshops, and library projects for which external funding is received.

Research also includes any such activity for which a proposal is submitted for funding from external sources through a grant, contract, or agreement, including, but not limited to, research grants, career development awards, center grants, individual fellowship awards, infrastructure awards, institutional training grants, program projects, research resources awards, and subcontracts. Research also includes projects that are internally funded (i.e., funded by the University), as well as Research for which approval from an IRB (or IRB exemption) or Institutional Animal Care and Use Committee (IACUC) is required.

All individuals to whom this policy applies are responsible for becoming familiar with and following this policy. University supervisors and employees with student oversight duties are responsible for promoting the understanding of this policy and for taking appropriate steps to help ensure and enforce compliance with it.

The Office of the Vice President for Research, in coordination with the Principal Investigator of a Federally Funded Research award, is responsible for notifying Covered Individuals on the relevant award of this policy and for reporting policy-related questions or concerns to the Research Security Program for review.

Office of Sponsored Projects: Will collect certifications from Covered Individuals on a per-proposal basis and, for funded awards, on an annual basis, and will make appropriate and required certifications to Federal Research Agencies regarding this policy and its subject matter.

Covered Individuals: Will disclose any participation in a Foreign Talent Recruitment Program to Brown University.

Office of Research Integrity: Will collect annual COI reporting forms from Covered Individuals and will facilitate the review of any reported activities with and supported by non-US sources and entities in coordination with the Research Security Program.

Research Security Program: Will review any reported activities with and supported by non-US sources and entities in coordination with the Office of Research Integrity.

Failure to comply with this and related policies is subject to disciplinary action, up to and including suspension without pay, or termination of employment or association with the University, in accordance with applicable (e.g., staff, faculty, student) disciplinary procedures or for non-employees may result in the suspension or revocation of the Covered Individual’s relationship with Brown University.

Brown will not permit a Covered Individual that Brown knows is participating in a Malign Foreign Talent Recruitment Program to support or work on a Federally Funded Research award. Brown will remove Covered Individuals who Brown 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.

Brown University is a community in which employees are encouraged to share workplace concerns with University leadership. Additionally, Brown’s Anonymous Reporting Hotline allows anonymous and confidential reporting on matters of concern online or by phone (877-318-9184).

The following information complements and supplements this document. The information is intended to help explain this policy and is not an all-inclusive list of policies, procedures, laws and requirements.