The document summarizes a panel discussion held on February 24, 2021, focusing on the evolving landscape of disclosure requirements for outside activities in academic and research institutions. The presentation highlights not only the growing emphasis on foreign influence and national security concerns—particularly following the implementation of new statutory requirements such as the National Defense Authorization Act (NDAA) FY 2021, NSPM-33, and recent guidance from the National Science and Technology Council (NSTC)—but also the broader context of managing conflicts of commitment (COC) and conflicts of interest (COI). Panelists and legal experts addressed the complexities of balancing the benefits of faculty engagement in outside activities, such as technology transfer and practical experience, against risks like inappropriate foreign influence, dual loyalties, and misallocation of institutional resources.
Key points include the need for institutions to establish clear policies and processes that provide faculty with flexibility while enforcing robust boundary-setting to protect institutional integrity and research sponsor obligations. The discussion addressed practical challenges, such as defining who is covered by disclosures, ensuring consistency in requirements across agencies, and managing nuances like faculty appointments and consulting agreements. Legal perspectives emphasized strengthened disclosure measures, regulatory updates, and risk-based approaches, including heightened enforcement of Section 117 of the Higher Education Act, expanded reporting in the Student and Exchange Visitor Information System (SEVIS), and more rigorous vetting processes for foreign students and researchers. The panel concluded that maintaining transparency and accountability is crucial, and institutions must adapt swiftly to regulatory changes to uphold compliance, safeguard reputation, and ensure both academic freedom and national security.
