Memo to Faculty Proposing Research Funded by DoE: Foreign Government Talent Recruitment Programs and Unclassified Foreign Visits and Assignment Program

DOE O-486.1 Foreign Government Talent Recruitment Programs

In accordance with a September 4, 2020 Order DOE 0-486.1A, Virginia Tech must disclose Foreign Government Talent Recruitment (FGTR) Program participation by any Virginia Tech contract participant (funded or unfunded) in a DoE Contract who will come to a US Government or Government contractor (e.g., National Laboratories) site to perform R&D work. The following disclosure requirements and restrictions can apply to any DoE- funded contract, subcontract, and federal flow through contract, including contract modifications.

According to the Contractor Requirements Document (CRD-included as Attachment 1 to DOE O-486.1A), Virginia Tech must file reports with DoE on a quarterly basis stating whether or not any of its applicable contract participants are also participants in an FGTR Program.

Virginia Tech must report to DoE within five (5) business days at any time during the term of the contract, including options and extensions, should any of its applicable contractor participants, applicable subcontractor participants, or joint appointees participating in the contract are or are believed to be participants in a FGTR Program.

On identification of an applicable contract participant who is a participant in an FGTR Program, Virginia Tech will have 30 days to remove the participant, or for the participant to terminate the FGTR Program relationship. Failure to remove the participant, or for the participant to terminate the FGTR Program relationship may result in DOE/National Security NNSA exercising contractual remedies including contract termination.

Office of Sponsored Programs will notify faculty with applicable DoE contracts to complete a Faculty Agreement certifying the status of the PI and any other applicable contract participants with respect to FGTR Program participation. Contract participants will also be required to sign a Participant Agreement certifying the same.

DOE O 142.3B Unclassified Foreign Visits and Assignment Program

In accordance with January 15, 2021, Department of Energy Order DOE 0 142.3B foreign nationals participating in DoE contracts, financial agreements, and other DoE agreements who require access to DoE sites, information, or technologies must file for DoE approval in as required in the CRD. Foreign national approval documentation includes a Curriculum Vitae (CV) with no lapses in time over the past 10 years, and other information specified in the Order’s CRD.

Summary

New DOE funding opportunities (e.g. grants, cooperative agreements contracts) may include these updated Orders going forward. Existing awards would have to be modified to specifically apply the Orders to ongoing work.

Due to the complications these restrictions may impose on research faculty, staff, graduate students, and undergraduate students, the Office of Sponsored Programs (OSP) and Office of Export and Secure Compliance (OESRC) are reviewing all DOE funding opportunities and modifications to existing agreements, including the national laboratories and flow-through opportunities/agreements, for applicability of these Orders. OSP and OESRC and will assist individuals in submitting the required approvals and provide guidance as necessary to comply with the Orders.

If you have questions about disclosure requirements, please see the Virginia Tech‘s Foreign Influence in Federally Sponsored Research website Faculty and Staff Foreign Interest Disclosure Responsibilities: When and How to Disclose to DoE. You may contact ospcontracts@vt.edu and your appropriate Post Award Contact. You may also contact OESRC directly at oesrc@vt.edu for general questions about foreign influence.