Federal Guidelines

Uniform Guidance

In December 2014, OMB together with Federal awarding agencies issued an interim final rule to implement the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). This guidance and implementing regulations delivers on President Obama’s second term management agenda and his first term directives under Executive Order 13520, the February 28, 2011 Presidential Memorandum, and the objectives laid out in OMB Memorandum M-13-17 to better target financial risks and better direct resources to achieve evidence-based outcomes. The final guidance, originally published on December 26, 2013 (available at 78 FR 78589) simultaneously improves performance, transparency, and oversight for Federal awards.

The reforms that comprise the Uniform Guidance aim to reduce the administrative burden on award recipients and, at the same time, guard against the risk of waste and misuse of Federal funds. Among other things, the OMB's Uniform Guidance does the following:

Removes previous guidance that is conflicting and establishes standard language;

Directs the focus of audits on areas that have been identified as at risk for waste, fraud and abuse;

Lays the groundwork for Federal agencies to standardize the processing of data;

Clarifies and updates cost reporting guidelines for award recipients.

*The Guidance was drawn from OMB Circulars A–21, A–87, A–110, and A–122 (which have been placed in past OMB guidances); Circulars A–89, A–102, and A–133; and the guidance in Circular A–50 on Single Audit Act follow-up.

Malign Foreign Talent Recruitment Programs

A Foreign Talent Recruitment Program (FTRP) is an effort organized, managed, or funded by a foreign government or entity to recruit science and technology professionals or students (regardless of citizenship or national origin, or whether having a full-time or part-time position). FTPRs generally involve two elements: 1) compensation from a foreign country or entity to the researcher in exchange for 2) specific research activities, opportunities, or obligations that may create a risk of conflict of interest, conflict of commitment, loss of IP, or other risks. Compensation need not be cash but could include in-kind contributions, access to resources, research funding, titles, travel, or items of non-de minimis value. FTRPs are not limited to programs with an explicit purpose of recruiting personnel but may have broader goals (e.g.: to recruit the targeted individual to support the foreign country’s research and development initiatives in exchanges for benefits to the individual being recruited).

The Chips & Science Act of 2022 prohibits participation in a Malign Foreign Talent Recruitment Programs (MFTRP) by individuals involved with federal research and development awards. MFTRPs most often involve China, Iran, North Korea, or Russia, or entities in those countries, and must meet certain other criteria. Federally funded researchers are required to certify that they are not participating in MFTRPs. NSF requires certification effective March 20, 2024, and the DOD will require certification starting August 2024. Other federal agencies have not published timelines for this certification. The certification has been added to the US Government’s common disclosure forms for Current and Pending (Other) Support and the Biographical Sketch.

Participation in a Malign FTRPs by federally-funded researchers is prohibited under federal law and University policy.

FTRPs raise research security concerns. If you believe you have been contacted by an FTRP, or have any other questions, please reach out to OSP.

Related Resources & References

• The DOD has published a list institutions of concern (page 18)
• White House has published guidelines for federal agencies regarding FTRPs
• The NSF has revised the PAPPG (24-1) with new language and certification requirements for addressing MFTRPs