Key Federal Regulations

For decades the concept of securing research has been considered specific to sensitive data, export-controlled information, and other high-risk areas; however, changes in the research and technology landscape have expanded security concerns across the research spectrum. In response to this evolving climate, JASON, an independent advisory group solicited by the National Science Foundation (NSF), released their report on Fundamental Research Security in 2019 outlining the security concerns and recommendations related to undue foreign influence and fundamental research. JASON released another report, Safeguarding the Research Enterprise, in 2024 reiterating the necessity of the fundamental research classification and advising on how to mitigate security concerns with sensitive research.

The following regulations were a result of these increased concerns from both federal funding agencies and national security agencies.

NSPM-33
National Security Presidential Memorandum - 33 (NSPM-33), issued in January 2021, directed action to increase the protection of US government-supported research and development activities. One year later, the National Science and Technology Council’s Office of Science and Technology Policy released Guidance for Agencies in Implementing NSPM-33. The following year, the same group released a Draft of the Research Security Programs Standard Requirement for US research institutions and the Guidelines for Research Security Programs at Covered Institutions were released July 9, 2024.

CHIPS & Science Act of 2022
Creating Helpful Incentives to Produce Semiconductor (CHIPS) Act of 2022 (often referred to in the academic community as the CHIPS & Science Act) was created to promote US development of semiconductors; however, embedded in that Act are various components related to research security that impact researchers and research organizations supported by federally funded R&D awards. Most notably, Yale researchers will start to see the implementation of restrictions on participation in Malign Foreign Talent Recruitment Programs (MFTRP) for investigators on federally funded projects. Key personnel will need to attest to not being part of such programs at the time of proposal and on an annual basis (if awarded). Yale’s policy (effective August 9, 2024) on MFTRP involvement is available here: MFTRP policy.

The CHIPS & Science Act also requires higher education institutions that receive NSF funding to disclose, on an annual basis, the receipt of $50,000 or more from a foreign source in a country of concern (aggregated in a fiscal year). The NSF PAPPG 24-1 provides additional guidance on Foreign Financial Disclosures.