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

June 3, 2020

The Department of Energy (DOE) has issued DOE O-486.1 and modified DOE O-142.3A to address different aspects of foreign involvement for DOE-funded research agreements. Please see the sections below for how each of these Orders may impact your research and how to reach out for questions and/or guidance.

DOE O-486.1 Foreign Government Talent Recruitment Programs

In accordance with a June 7, 2019 Order DOE 0-486.1, 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 access US Government or Government contractor (e.g., National Laboratories) facilities or systems. 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 (included as Attachment 1 to DOE O-486.1), 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 142.3A Unclassified Foreign Visits and Assignment Program

On December, 13, 2019, Department of Energy Order DOE 0 142.3A incorporated Change 2 that removed an exemption to a foreign national approval process for institutions of higher education. Prior to Change 2, institutions of higher education were not required to obtain DOE approvals for foreign national participants conducting fundamental research. In accordance with the updated Order, foreign nationals from any country will not be permitted access to any DOE sites, information, technologies, and equipment without prior approval of DOE.

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.