The document provides a detailed review of new grant and contract provisions introduced by major private foundations and federal agencies aimed at preventing the promotion or support of terrorism, violence, bigotry, and human trafficking, notably prostitution and sex trafficking. In response to heightened regulatory concerns post-9/11, foundations such as Ford, Rockefeller, Sloan, and MacArthur, as well as agencies including NSF, NIH, USAID, and CDC, have implemented stricter compliance requirements. These include prohibitions on terrorist financing, restrictions on participation by certain nonimmigrant or foreign nationals, mandatory background checks, and opposition to prostitution and related activities. Universities and grant recipients are expected to affirm compliance, often with flow-down monitoring to subrecipients, and risk significant penalties—including termination and refund of funds—for noncompliance.
The provisions, while motivated by national security imperatives and legal mandates such as Executive Order 13224 and the Trafficking Victims Protection Act, introduce substantial administrative and ethical challenges, particularly for universities. Academic institutions have expressed concerns about potential impacts on academic freedom and have sought to clarify or limit the scope of these restrictions, especially where foundation language could affect all institutional funds rather than only the awarded grants. Federal agency requirements have also prompted negotiation over the applicability of background checks, information security standards, and certification procedures, with some agencies indicating willingness to refine guidance based on feedback. The document underscores the necessity for universities and affected organizations to diligently monitor evolving requirements, ensure robust compliance mechanisms, and assess risk, particularly in international and field-based research contexts.
