Research Administration Office

University of California

Memo Operating Guidance

No. 87-39

October 23, 1987

Subject: NASA Restrictions on U.S. Citizenship in University Space Engineering Research Centers

Enclosure I is a recent memoranda from the Office of the Vice President--Academic Affairs to the University Research Group regarding U.S. citizenship restrictions in the National Aeronautics and Space Administration (NASA), Office of Aeronautics and Space Technology, program announcement for University Space Engineering Research Centers. Enclosure 2 is a copy of a May, 1986 memoranda on a similar topic written in response to the Department of Defense University Research Initiative. Enclosure 3 is a copy of the NASA program announcement, indicating a due date of November 6, 1987 for proposals.

If you I have any questions regarding university policy in this regard, please do not hesitate to contact Belle Cole. We would appreciate being informed of any response from NASA which is contrary to the information provided in the enclosed memoranda, as well as any other indications of federal agency attempts to restrict employment based on citizenship.

Refer: Barbara. Yoder

ATSS 8-582-4301

(415) 642-4301

Subject: 01, 11, 14, 20

Organization: U-115, F-650

Belle Cole

ATSS 8-582-4301

(415) 642-4301

Enclosures

David F. Mears

University Contract and Grant

Coordinator


ENCLOSURE 1

OFFICE OF THE PRESIDENT

BERKELEY. CALIFORNIA 94720

October 22, 1987

UNIVERSITY RESEARCH GROUP

Dear Colleagues:

It has come to our attention that the National Aeronautics and Space Administration (NASA), Office of Aeronautics and Space Technology, has issued a program notice requesting proposals for University Space Engineering Research Centers (August, 1987). The program notice includes provisions restricting support for graduate and undergraduate students to U.S. citizens and states that individuals receiving direct funding from this program must be U.S. citizens.

I discussed with an official at NASA and AAU the problems raised for the University by these restrictions, particularly the provision that would preclude use of NASA funds for the direct costs of faculty and staff who are not U.S. citizens. Such a condition is contrary to University policy and practice.

University policy reads, in part: "The University does not discriminate on the basis of citizenship, within the limits imposed by law, in admissions, access, and treatment in University programs and activities, and application for and treatment in University employment."

Our recommendation to you is to submit a proposal in response to this program announcement, if you are prepared to do so, but to specify in the proposal that the University does not discriminate on the basis of citizenship in employment. My understanding from the conversation with the NASA official is that the inclusion of such a statement will not affect the evaluation of the proposal.

In the event that your proposal includes direct financial support for graduate or undergraduate student fellowships, it is acceptable to acknowledge that the University will accept requirements for U.S. citizenship as a condition for such support.

Bob Rosenzweig and Jack Crowley at AAU are attempting to clarify the situation with NASA, making clear the concerns of the University community. I will get back to you with any communication from them.

Please let me know if you want to discuss this further.

Sincerely,

Belle Cole

cc:

Senior Vice President Frazer

Associate Vice President Moore

Executive Assistant Albertson

University Counsel Dorinson

Principal Administrative Analyst Yoder


ENCLOSURE 2

UNIVERSITY OF CALIFORNIA

May 12, 1986

Dear Colleagues:

Many campuses have submitted proposals for funding under the Department of Defense's University Research Initiative Program (URI), a number of which will be presented at The Regents' meeting on May 15, 1986. In anticipation of questions that may be raised at the meeting or situations you might encounter if your proposal is funded, particularly regarding restrictions on scientific communication and participation of non-citizens, my office has made inquiries and has some information that may be helpful.

We have determined that under current Department of Defense (DOD) policy there will be no restrictions on "fundamental research" which is defined as any research project funded under budget category 6.1. Furthermore we have learned that all the URI programs will be funded under this budget category (6.1) and therefore will be "fundamental research". It sometimes happens, however, than zealous contracting components of DOD propose restrictions which are inconsistent with the Department's policy; if that should happen please let me know.

URI programs do restrict fellowship support to U.S. citizens. Principal Investigators and others who work on URI-supported research need not be U.S. citizens. The fellowship restriction is consistent with the government's human resources development intent, and previous government-sponsored fellowship programs (such as NIH Training Grants and Young Investigator Awards) have been limited to U.S. citizens.

For projects involving the use of DOD facilities, it is our understanding that no special restrictions, beyond those normally in place, will be imposed for URI projects. You should be alert to any problems that might arise. Once again, please inform me of any problems in this regard.

Sincerely,

William R. Frazer

President Gardner

Senior Vice President Brady

Vice President Baker

Executive Assistant Albertson

University Counsel Dorinson

Executive Assistant Copeland

Director Rogin

Director Cole

Coordinator Mears


ENCLOSURE 3

National Aeronautics and Space Administration

Washington, D.C. 20546

Dear Colleague:

I am pleased to forward the final announcement of the University Space Engineering Research Centers sponsored by the Office of Aeronautics and Space Technology (OAST). The enthusiastic response to the preliminary announcement has underscored the need for long-term support to universities aspiring to play a strong engineering role in the civil space program.

This new concept provides an opportunity for universities to participate in advancing the Nation's capability in space technology. I am confident that through the cross-discipline research, this program will foster innovative ideas, collaborative efforts, and excellence in U.S. space engineering and science. I further believe this program is responsive to improving America's competitive posture but, more importantly, it is a commitment to seek new talent that can energize an American resurgence in space.

Enclosed with this announcement is information on a pre-proposal conference. Arrangements are being made to broadcast the conference via satellite to each NASA Center at which time we will respond to questions and give guidance that will help in proposal preparation.

Proposals should be postmarked by November 6, 1987, to be evaluated for selection in March 1988. Questions regarding this program notice should be directed to Steven Hartman at (202) 453-2737.

I look forward to your participation.

Associate Administrator for

Aeronautics and Space Technology

Enclosures