Foreign Guest Researchers
Sections
5.14.05 Numbers and Names of Forms Used
5.14.07 Conditions for Acceptance
5.14.1l Procedures and Responsibilities
Appendix A - Administrative Procedures for Foreign Guest Researchers
5.14.01
PURPOSE
This subchapter (1) states NIST policy and procedures for foreign guest
researcher assignments; (2) defines responsibility of the various offices
involved; (3) establishes the conditions under which a foreign guest researcher
may be invited to work at NIST; and (4) provides instructions for requesting
financial subsistence for foreign guest researchers.
5.14.02
SCOPE
The policies and procedures outlined in this subchapter apply to all
NIST employees and to foreign guest researchers.
5.14.03
STATUTORY AUTHORITIES
15 U.S.C. 272(c)(5)
15 U.S.C. 278g(a)
5.14.04
DEFINITION
A foreign guest researcher is any technically qualified person who
is not a U.S. citizen; is not an employee of NIST; is sponsored by an organization
or is self-employed; or is working at NIST under the auspices of a NIST
funding agreement (contract, grant/fellowship, cooperative agreement, or
simplified acquisition) with a U.S. university or U.S. company; and collaborates
with NIST on research of mutual interest.
A foreign guest researcher may be an employee of a foreign government
agency; U.S., state, or local government agency; industry, or nonprofit
organization (including a university); a post graduate researcher; a graduate
student; or be self-employed.
5.14.05
NUMBERS AND NAMES OF FORMS USED
Form NIST-351, Request for ID Card/Pass
Form NIST-458, NIST ID/Card Pass
Form NIST-461, Interdivision Work Order
Form NIST-776A, Transmittal Sheet for Cash Collections
Form NIST-1085, Request for Security Assurance
Form NIST-1197, Orientation Checklist for Employees/Nonemployees
Form NIST-1217, Notification of Arrival and Departure (Gaithersburg)
Form NIST-1221, Telecommunications Service Request and Directory Information
Form NIST/BL-1221, Telecommunications Service Request and Directory
Information
Form NIST-1251, Hazardous Materials Clearance for Nonemployees
Form NIST-1260, Report of Foreign Visitor(s) and/or Lecturer(s)
Form NIST-1284, Request for Unescorted Out-of-Hours Access for a Foreign
National
Form NIST-1291, Foreign Guest Researcher Agreement
Form CD-165 - Admittance to Department of Commerce Facilities During
Security Hours
Form CD-240, Invention Disclosure and Rights Questionnaire
OFI Form 86C, Special Agreement Checks (SAC)
OFI Form 86C (Attachment), Authorization for Release of Information
Form FD-258, Fingerprint Chart (Applicant)
Form SS-5, Application for Social Security Card
Release, Fair Credit Reporting Act of 1970, as amended
After Hours Access for Foreign Nationals (for Radio Bldg. Only)
5.14.06
POLICY
a. NIST makes its facilities available for qualified foreign guest
researchers to pursue individual scientific or technical projects under
conditions determined by NIST.
b. Form NIST-1291, Foreign Guest Researcher Agreement, must be approved by NIST before the foreign guest researcher uses NIST equipment and facilities.
c. Form NIST-1291 must be prepared for any non-U.S. citizen performing research at NIST, including any person who is working at NIST under the auspices of a NIST funding agreement (contract, grant/fellowship, cooperative agreement, or simplified acquisition) with a U.S. university or U.S. company.
d. NIST is authorized under Section 17 of the NIST Organic Act to provide financial subsistence to defray living expenses of the foreign guest researcher. NIST may also pay official travel expenses. This authority does not permit NIST to cover salary expenses.
e. An individual visiting in a NIST R&D program for a cumulative period of ten working days or less in a calendar year, and not performing research, is considered a short-term visitor and Form NIST-1291 is not required. Form NIST-1260, Report of Foreign Visitor(s) and/or Lecturer(s), must be prepared for short-term visitors.
f. A foreign guest researcher may not participate in a CRADA or intramural ATP project unless the proper exception has been obtained. (See the exception process described in Subchapter 5.08.)
g. A foreign guest researcher from most countries may be granted unescorted
out-of-hours access after the security assurance has been approved. A foreign
guest researcher from a state- sponsored terrorism country must be escorted.
(The NIST Security Office maintains a list of these countries.)
5.14.07
CONDITIONS FOR ACCEPTANCE
a. The basis for accepting a foreign guest researcher is an approved
Form NIST-1291.
b. A foreign guest researcher may not perform the work of a NIST employee.
c. A NIST project should not be solely dependent on a foreign guest researcher's involvement.
d. The foreign guest researcher works in the host division under the auspices of a designated NIST host.
e. The length of stay of the foreign guest researcher may be subject to limitations on subsistence payments, visa status, equipment availability, laboratory facilities, and similar resources.
f. The foreign guest researcher must meet all security requirements.
(See Appendix A.)
5.14.08
INTELLECTUAL PROPERTY
The foreign guest researcher agrees to disclose to NIST, using Form
CD-240, Invention Disclosure and Rights Questionnaire, any inventions made
in the course of the project. Unless superseded by treaty, statute, or
prior written agreement, NIST shall have the option to take the entire
right, title, and interest in the United States to any such invention on
behalf of the U.S. Government. NIST shall retain a non-exclusive, nontransferable,
irrevocable, paid-up license to practice or to have practiced any such
invention worldwide for or on behalf of the United States Government. Software
and data prepared by NIST employees, and software and data prepared jointly
by NIST employees and the foreign guest researcher, are not subject to
copyright in the United States pursuant to Section 105 of Title 17 of the
United States Code.
5.14.09
FINANCIAL SUBSISTENCE
a. NIST is authorized to provide financial subsistence to defray living
expenses to foreign guest researchers while they are performing research
at NIST. NIST may also pay international travel expenses to and from NIST;
however, travel expenses are normally paid by the sponsoring organization.
NIST may not cover salaries.
b. A foreign guest researcher who is working at NIST under the auspices of a NIST funding agreement (contract, grant/fellowship, cooperative agreement, or simplified acquisition) with a U.S. university or U.S. company, cannot receive financial subsistence under Form NIST-1291.
c. Payment to a foreign guest researcher is normally accrued against STRS cost centers. In some cases, financial subsistence is accrued against other-agency cost centers. Use of other-agency funds requires the written consent of that agency.
d. The host division must request approval from the Director for International and Academic Affairs for financial subsistence at the same time Form NIST-1291 is submitted for approval.
e. The payment of financial subsistence may be amended according to
changing or unexpected conditions affecting the assignment. Requests to
increase financial subsistence amounts are sent from the host division
through the OU Director to the Director, OIAA for approval. Requests to
decrease financial subsistence amounts are sent from the host division
through the OU Director to the Office of the Comptroller, with a copy to
OIAA.
5.14.10
APPROVAL AUTHORITIES
The signatory authorities shown below apply to all foreign guest researchers
at Gaithersburg and Boulder:NIST
a. The OU Director and the Director, Office of International and Academic Affairs, sign Form NIST-1291 as the approving officials for NIST.
b. The Director for International and Academic Affairs is the approving
official for financial subsistence. The Office of the Comptroller is responsible
for the actual payment of financial subsistence.
5.14.11
PROCEDURES AND RESPONSIBILITIES
a. Guest Researcher - Provides information necessary to complete
Form NIST-1291; OFI Form 86C, Special Agreement Checks (SAC); and Form
NIST-1085, Request for Security Assurance; after arrival, receives an entrance
briefing from OIAA and signs Form NIST-1291 (at Boulder, entrance briefing
is conducted by the Office of the Director, NIST/Boulder Laboratories);
participates in orientation provided by the Human Resources Management
Division (at Boulder, orientation is not conducted); and obeys U.S. Federal
employee conduct rules.
b. Host Division - Adheres to assignment and administrative procedures applicable to the NIST Foreign Guest Researcher Program; processes Form NIST-1291 to define the project or research objectives if under the auspices of NIST funding agreements (contract, grant/fellowship, cooperative agreement, or simplified acquisition) with a U.S. university or U.S. company, includes the type and number of the funding agreement; forwards Form NIST-1291 to the OU for approval with the request for security assurance; ensures data input into the nonemployee database (if applicable at division level); provides safety orientation; ensures that foreign guest researcher attends OIAA entrance and exit briefing (at Boulder, the Office of the Director NIST/Boulder Laboratories provides entrance and exit briefings) and the orientation provided by the Human Resources Management Division (at Boulder, orientation is not conducted); ensures that the needs of the foreign guest researcher are met during their stay at NIST, including the assignment of a NIST host; and informs the foreign guest researcher of the obligation to conform to the usual administrative requirements and rules of conduct generally applicable to NIST employees. The NIST host provides technical guidance to the foreign guest researcher and serves as the principal investigator for projects involving the foreign guest researcher that require human or animal subject approvals.
c. Operating Unit - Reviews Form NIST-1291 including description of work to be performed, for suitability and eligibility using the criteria defined in this subchapter; forwards approved Form NIST-1291 to the Office of International and Academic Affairs with supporting documentation, e.g., Form NIST-1085, etc.
d. Office of International and Academic Affairs - Manages the NIST Foreign Guest Researcher Program; reviews and negotiates modifications to Form NIST-1291; approves Form NIST-1291; approves financial subsistence; provides administrative assistance to foreign guest researchers; provides a general briefing to the foreign guest researcher upon arrival and an exit briefing prior to departure; obtains signature of foreign guest researcher on Form NIST-1291; responds to inquiries concerning the NIST Foreign Guest Researcher Program; serves as repository for Form NIST-1291; and maintains a database for foreign guest researchers.
e. NIST Security Office - Reviews security assurance requests for completeness and accuracy and forwards to OPM; approves Form NIST-1284, Request for Unescorted Out-of-Hours Access for a Foreign National; issues Form NIST-458, NIST ID Card/Pass; issues key(s); and notifies the appropriate organizational units regarding security assurance actions. [At Boulder, the MASC Security Office provides the same services except the locksmith issues key(s) and Form NIST-458, NIST ID Card/Pass, is not issued.]
f. Office of the Comptroller - Provides payment of financial subsistence, processes subsistence payments, and reports subsistence to the Internal Revenue Service (IRS).
g. Office of the Director, NIST/Boulder
Laboratories - Provides assistance to the foreign guest researcher; provides a general briefing upon arrival and obtains signature of foreign guest researcher on Form NIST-1291; provides an exit briefing prior to foreign guest researcher's departure.