Every federal research agency had to require a malign foreign talent recruitment program certification. They didn't do it the same way, or on the same date. Here is each agency's effective date, notice, covered population and certification method, side by side.
Every federal research agency must have researchers certify they aren't in a malign foreign talent recruitment program, and institutions certify they checked.
Agencies did it differently: dates from May 2024 to January 2026, different people covered, different forms.
Follow the strictest sponsor you work with, and keep every year's certification for every covered person.
Section 10632 of the CHIPS and Science Act required every federal research agency, by August 9, 2024, to adopt a policy with two certifications: each covered individual on a proposal certifies they are not in a malign foreign talent recruitment program, at proposal and every year of the award, and the institution certifies its covered individuals were told and complied.
Each covered individual listed on a proposal certifies they are not a party to a malign foreign talent recruitment program, at proposal and annually for the life of the award.
The applying institution certifies that each covered individual it employs was made aware of the requirement and complied.
42 U.S.C. 19232(a)(2)
Agencies had 24 months from August 9, 2022: August 9, 2024. OSTP issued its guidelines for agencies on February 14, 2024. Certifications don't apply to awards made or applied for before an agency's policy took effect.
OSTP guidelines, Feb 14, 2024 · 42 U.S.C. 19232(e)
Implementation dates range from May 2024 at NSF to January 2026 at NIH. Every agency uses the common disclosure forms for the individual certification, but they differ on who counts as covered, who signs for the institution, and whether the annual certification is sent to the agency or kept on file.
| Agency | Effective | Notice or policy | Who is covered | How certification works |
|---|---|---|---|---|
| NSF | Proposals submitted or due on or after May 20, 2024; annual certification from June 7, 2025 | PAPPG NSF 24-1 §II.D.1.d(ix), §II.D.1.e(ii); Important Notice 149 | Senior/key personnel at proposal. Annual certification currently PIs and co-PIs only; NSF says it will extend to all senior/key personnel later. | Individuals certify on the Biosketch and Current and Pending Common Forms. The AOR certifies for the institution at submission. PIs and co-PIs certify annually in Research.gov. |
| NIH | January 25, 2026; non-compliant forms blocked by system checks from May 8, 2026 | NOT-OD-26-018, adjusted by NOT-OD-26-033 and NOT-OD-26-079 | Senior/key personnel. | The individual certifies on the Biosketch Common Form in SciENcv, personally, not by delegate. The AOR certifies through the SF424 (R&R) signature. Annually, each person's certification is uploaded in the RPPR, section G.1. |
| DOE | FY2025; DOE gives no exact date | Standard Terms and Conditions §J; FAL 2026-02 | At minimum the PI, PD, co-PI, co-PD and project manager, and anyone in those roles in practice; programs may add more. | Individuals certify on the Common Forms in SciENcv at application. The recipient and subrecipients certify awareness and compliance. DOE must be told within 5 business days of learning of participation. The standard terms also call for an annual individual certification. |
| USDA | December 31, 2025 (USDA General Terms and Conditions); optional deviation from June 3, 2026 | USDA General Terms and Conditions §10.9; deviation 2026-USDA-0001-F | Individuals working on the research award: PIs and other senior/key personnel. The deviation's definition can reach students and postdocs who meet its criteria. | Individuals certify on the Common Forms in SciENcv and agree to recertify annually. By accepting the award, the recipient certifies no covered individual is, or has been in the past 10 years, in a malign program, a USDA-specific look-back. Applies to all USDA awarding agencies, NIFA included. |
| NASA | October 1, 2024 | Grant Notice GN 24-02; Grant and Cooperative Agreement Manual §16.16; terms and conditions §5.5 (July 15, 2026) | All PIs and co-PIs, and co-investigators spending 10% or more of their time in any year. | Individuals sign the certification on the Common Forms in NSPIRES; the AOR certifies at submission. Annual certifications are collected and kept by the recipient, available to NASA on request, not sent in. |
| DoW (DoD) | August 9, 2024, for fundamental research funding | 2023 Component Decision Matrix and risk-based review policy (June 8, 2023); 2026 DoW decision matrix (March 9, 2026) | Key personnel essential to the project, such as the PI and co-PI. | A proposal with a participating covered individual can't be funded. Components verify annually against the RPPR. No department-wide certification form was found; instruments are set component by component. |
| Commerce / NIST | Not published as a single date | NIST Current and Pending Support form; NIST research security FAQ | Senior/key persons on the form; NIST's FAQ includes PIs, co-investigators, key personnel and anyone whose CV is provided. | Individual certification on the Current and Pending Support form at submission. No institutional or annual certification found. |
Amber entries could not be confirmed from a primary source as of October 15, 2026. Agency terms change; the linked notice controls. AOR = authorized organizational representative; RPPR = research performance progress report.
The statute set August 9, 2024 as the deadline. NSF moved first, in May 2024, and the Defense Department and NASA followed in August and October 2024. DOE aligned during fiscal year 2025, USDA at the end of 2025, and NIH last, on January 25, 2026, after rescinding an earlier notice.
Section 10632 starts a 24-month clock for agency policies.
Guidelines on foreign talent recruitment programs, and the policy adopting the Common Forms.
Certification on proposals submitted or due on or after this date.
Defense fundamental research funding applies the prohibition.
Grant Notice GN 24-02 adds the certification to the grant manual.
DOE says it aligned its prohibition with the OSTP guidelines during fiscal year 2025.
PIs and co-PIs begin certifying every year in Research.gov.
USDA's General Terms and Conditions carry the prohibition and a 10-year look-back.
After a rescinded September 2025 notice, NIH's prohibition and certifications take effect; system checks enforce the forms from May 8, 2026.
Four differences matter in practice: who counts as covered, whether the institution's certification comes from the AOR's signature or from accepting the award, whether annual certifications go to the agency or stay in your files, and look-back periods such as USDA's ten years. Build your process around the strictest agency you work with.
NASA reaches co-investigators at 10% effort; NIH and NSF use senior/key personnel; DOE lists named roles; USDA's deviation can reach students and postdocs. Your list of who must certify should follow the broadest definition among your sponsors.
NSF collects it in Research.gov and NIH in the RPPR; NASA expects you to keep it and produce it on request. Either way, an auditor will ask to see every year's certification for every covered person.
At NSF, NIH and NASA the authorized organizational representative certifies at submission; at USDA, accepting the award is the certification. Both say your office checked.
The individual certifies “at the time of submission”, but USDA's recipient certification reaches back ten years, and the 2026 DoW decision matrix looks back five. A past program can still matter.
Short answers to the questions research security, sponsored programs and compliance offices ask most often about CHIPS Act agency rollout. Each answer is a summary for orientation; the statute, regulation or agency notice cited on this page has the final word.
Section 10632 gave agencies 24 months from August 9, 2022, so August 9, 2024. NSF, the Defense Department and NASA met or beat that date; DOE, USDA and NIH implemented later.
Each covered individual on a proposal certifies they are not in a malign foreign talent recruitment program, and the institution certifies its covered individuals were told and complied. Who counts as covered varies by agency, from PIs and co-PIs to all senior/key personnel and, at some agencies, more.
The statute requires it at proposal and annually for the life of the award. NSF collects it annually from PIs and co-PIs, NIH through the RPPR, and NASA requires recipients to keep annual certifications on file.
On the Common Forms: the Current and Pending (Other) Support form and, at NIH, the Biographical Sketch, usually prepared in SciENcv.
Yes. Under USDA's General Terms and Conditions, effective December 31, 2025, the recipient certifies that no covered individual is, or has been within the past ten years, in a malign foreign talent recruitment program.
Not department-wide, as far as we could verify. The decision matrix bars funding proposals with a participating covered individual, and components verify annually against progress reports; specific instruments are set by each component.
This page summarizes federal law and policy for orientation and is not legal advice. Your sponsored programs office and counsel have the final word on what your institution certifies and how it complies.
What the OMB list means for institutions: the designation pathways, the timeline, and the supplier audit.
Read the guide →What the Defense Department's list is, what a listing triggers, and how to screen collaborators against it.
Read the guide →Each agency's talent program certification side by side: effective date, notice, who certifies and how.
Read the guide →What to review before an audit, how to assess export-control exposure, and what a defensible mitigation plan holds.
Read the guide →What the CHIPS and Science Act forbids, what it protects, and where talent programs show up on the record.
Read the guide →The four factors Defense program officers weigh for fundamental research proposals, explained.
Read the guide →All guides → New to the terms? The research security glossary →
We'll show your office how SYSWERX finds talent programs on the public record, checks them against the disclosure, and documents the review before the certification is signed.