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Faculty Obligations for Disclosures/Conflicts Related to Foreign Involvement in Research

This message has been approved for mass email distribution by Harold Blackman, Interim Vice President for Research and Economic Development, in accordance with Boise State policy 8100.

Colleagues:

Boise State University is committed to international academic and research collaborations welcoming faculty and students from across the globe. We believe that collaborating and learning with diverse groups is essential to the success of the University moving forward. However, we are also in a climate where the federal government and its funding agencies are voicing increased concerns about potentially improper foreign influence and involvement in federally funded research, as well as attempts by foreign entities to gain access to cutting edge intellectual property (IP) being generated at universities through this research. A balance must be made between our desire for the open and free exchange of ideas on the one hand and protection of restricted technology on the other.

On August 20, 2018, Dr. Francis Collins, the Director of the National Institutes of Health (NIH), issued a letter stating that “NIH is aware that some foreign entities have mounted systematic programs to influence NIH researchers and peer reviewers and to take advantage of the long tradition of trust, fairness, and excellence of NIH-supported research facilities.” Dr. Collins emphasized that researchers funded by the NIH must “disclose all forms of other support and financial interests, including support coming from foreign governments or other foreign entities … on all applications and progress reports.” More recently research universities have begun to receive letters from the NIH requesting information about specific faculty members receiving NIH funds who are believed to have links to foreign entities or governments that were not previously disclosed to the NIH. On June 5, 2019, while testifying before the Senate Finance Committee, a deputy director of the NIH disclosed that they have referred 16 allegations related to foreign influence of U.S. funded research for investigation.

In addition, programs aimed to recruit academic talent to other countries, known as “talent programs,” have come under review by federal agencies. In June of 2018, the Office of the Director of National Intelligence described Chinese talent programs as being designed to “facilitate the transfer of foreign technology intellectual property and know-how to advance China’s science, technology and military modernization goals.” There was a proposed amendment to the Department of Defense spending authorization to render researchers ineligible for DoD funding if they had previously participated or were continuing to participate in a talent program operated by China, Iran, North Korea or Russia. Ultimately this amendment did not make the final bill, but the final bill did call for further study on that issue and possible independent regulations. The Department of Energy has itself issued an order restricting those receiving agency funds from participating in talent programs operated by countries that the agency deems “sensitive.” Inside Higher Ed has an excellent summary of these developments and the various viewpoints on the issues.

As such, it is important that the University community remain cognizant of obligations to comply with export control laws and regulations. Please remember that you are required to disclose foreign research support and collaborations to the University through the Conflict of Interest and Commitment Disclosureand to government funding agencies in proposals (e.g., NIH’s Other Support, NSF’s Current and Pending Support, and similar documentation from other sponsors) and technical/programmatic reports. In your non-University time (such as non-appointment summer months), please exercise appropriate care and thoughtfulness in the collaborations or consulting that you engage with as these may impact your eligibility for future sponsored project funding. It is recommended that you, and your personal legal counsel or advisors, ensure that the terms of any external appointment do not conflict with your obligations to the University, including but not limited to those present in the University’s policies on Conflict of Interest and Commitment and Intellectual Property.

We will continue to work to keep you all informed as this landscape changes, ensuring that you are positioned to comply with regulations and protect your research funding eligibility.  If you have any questions, please do not hesitate in contacting me or my staff.

Harold Blackman
Interim Vice President for Research and Economic Development
Boise State University
(208) 426-5732