Navigating USDA General Terms & Conditions

The USDA has replaced its broad "all employees" definition.  A researcher is considered a Covered Individual if they are a PI, Co-PI, senior/key personnel, or a researcher (including graduate or undergraduate students, or staff members) who contributes to the scientific execution of the project by performing any of the following.

• Directing the overall scientific direction of the project.
• Designing or critically evaluating key experiments or methodologies.
• Interpreting primary research data or results.
• Serving as a primary or senior author on publications resulting from the project.
• Exercising direct supervisory authority over research personnel working on the project.
• Generating, handling, or having direct access to primary, pre-publication research data, proprietary materials, or critical specialized methodologies.

The USDA requires that all Covered Individuals complete Research Security Training before beginning any work on the award.

NDSU utilizes the Research Security (Combined) course through the CITI Program to meet this federal requirement.

What Researchers Need to Do

How to register for the training:

• Navigate to the CITI Training website:

CITI Program 

• Set up a new CITI Training Profile with your Bison username
• Add the Research Security Course to an established CITI profile

FOCI Definition~  
“a situation where the degree of ownership, control, or influence over the recipient or a covered individual by a foreign person or foreign entity that is a citizen or permanent resident of; representing; organized, chartered, or incorporated under the laws of; or otherwise substantially connected to a foreign adversary or foreign country of concern such that a reasonable basis exists for concluding that compromise to that foreign person or foreign entity of non-public research, development, scientific, or technological information associated with the Federal award may result.”

The Prohibition

❌ During the period of performance, researchers are strictly prohibited from entering into subawards, contracts, or other agreements related to a USDA award with any foreign adversary, country of concern, or entity known to be subject to FOCI.  Furthermore, you cannot provide any form of direct benefit (material or non-material) to these entities through your USDA-funded work.

Five-Day Reporting Mandate

By accepting a USDA award, the University certifies that neither the institution nor its covered individuals are subject to FOCI.  If during the period of performance, you discover that you, or any covered individual on your project, are subject to FOCI, contact ndsu.research@ndsu.edu immediately.  The University is legally required to report this discovery to the USDA within five (5) calendar days.  Failure to do so can result in immediate suspension of an award.

When in Doubt, Ask

Determining what activities and relationships may be considered to be Foreign Ownership, Control, or Influence is a highly complex area of federal compliance.  If you have questions or concerns about whether a specific scenario (e.g., an international collaboration or foreign funding) meets the FOCI definition, contact Research Integrity, Security & Compliance at ndsu.ric@ndsu.edu immediately for guidance.

All covered individuals must complete and certify the Common Forms (Biographical Sketch and Current and Pending Support) in SciENcv before contributing to the award. As part of this process, you must certify that you are not currently participating in and have not participated in, within the past 10 years, a Malign Foreign Talent Recruitment Program (MFTRP).

What Researchers Must Do

• Keep Profiles Current:  Ensure your SciENcv profile is up to date before starting work on a USDA grant.
• Disclose Foreign Affiliations:  Disclose all foreign appointments, employment with foreign entities, and participation in any foreign talent recruitment program.
• Submit Supporting Documentation:  If you have foreign appointments or contracts that require disclosure, do not submit them directly to the USDA.  Provide copies of all related contracts, grants, or agreements to Sponsored Programs.
• Be prepared to update and recertify these forms annually or upon request by the USDA.

❌ Covered Individuals are strictly prohibited from participating in Malign Foreign Talent Recruitment Programs.

What Researchers Must Do

• You must certify in SciENcv that you are not currently, nor have you in the past 10 years, participated in a MFTRP.
• NOTE:  The 10-year lookback is unique to the USDA.  You must carefully review your past decade of affiliations.  Knowingly hiding foreign appointments or MFTRP participation can result in criminal, civil, or administrative actions, including grant termination.

See also:

• Identifying and Responding to Potential Malign Foreign Talent Recruitment Program (MFTRP) Invitations
• Malign Foreign Talent Recruitment Programs