NASA Restrictions on Funding Activity with China
In February 2012, NASA issued guidance documents addressing NASA implementation of the restrictions included in their FY 2011 continuing resolution and FY 2012 funding Appropriations Acts (document sources referenced below). Per the Acts, NASA is restricted from using funds appropriated on or after April 25, 2011 to enter into or fund any grant, cooperative agreement or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company. To ensure compliance with the restriction, NASA is now requiring institutions receiving NASA funding to complete an Assurance which represents the University’s acceptance of the restriction.
The University is, therefore, restricted from collaborating with, or issuing a subaward to China or a Chinese-owned Company, whether the collaboration is funded or performed under a no-exchange of funds arrangement. “China or a Chinese-owned Company” is defined in the NASA guidance documents as “the People’s Republic of China, any company owned by the People’s Republic of China, or any company incorporated under the laws of the People’s Republic of China.”
Please Note:
- NASA’s implementation of the Appropriations Acts may restrict the use of NASA funds to support Chinese national students on scholarships from PRC. Moreover, visiting researchers who retain their affiliation with PRC may not work on NASA funded projects. The NASA Grant Information Circular states that participation by Chinese nationals will be reviewed by NASA grant and technical officers prior to awarding grants or cooperative agreements (including amendments); and the Procurement Information Circular states that, if collaboration with China or a Chinese-owned company is anticipated, the contractor must contact the contracting officer to determine if funding may be used for that purpose.
- The restrictions do not prohibit the purchase of commercial or non-developmental items, since participation, collaboration or coordination between the parties would not be required.
Boston University’s Compliance Office will continue to monitor these developments to ensure that citizenship restrictions are not accepted in violation of University policy.
Please reference the following NASA documents for detailed information:
- Grant Information Circular (GIC 12-01) (2/9/12): https://prod.nais.nasa.gov/pub/pub_library/grantnotices/gic12-01.html
- Procurement Information Circular (PIC 12-01A) (2/16/12): https://researchmemos.ucop.edu/php-app/index.php/site/document?memo=UlBBQy0xMy0wNg==&doc=3681
In order to ensure that Boston University is in compliance with the statute and NASA’s funding limitations, the Office of Sponsored Programs (OSP) will require that Principal Investigators who have new and current funding from NASA complete a short and straightforward questionnaire related to these requirements.