Protecting American Research and Talent Act
The Protecting American Research and Talent Act would bar federal funds from being awarded to colleges and universities for fundamental research if the work is conducted in collaboration with certain “covered entities.” The idea is to restrict federally funded research collaborations with institutions or individuals linked to foreign adversaries or countries of concern, particularly China. The bill allows a case-by-case waiver if the agency head determines the waiver serves U.S. national security interests, but it sets eligibility thresholds (low international and foreign-student presence at the institution) and requires reporting to Congress. It also creates broad definitions for what counts as collaboration and who qualifies as a covered entity, and it imposes ongoing transparency and oversight requirements, including annual compliance reports and a 30-day Congressional notice after any waiver. In short, the bill is a national-security focused rollback of federal funding for certain types of university research collaborations, with strict criteria for exceptions and substantial reporting and oversight to track how these funds are used and with whom.
Key Points
- 1Prohibition on federal funds for fundamental research collaborations: Except as allowed by a waiver, no federal money may be used to fund a grant or contract with a college or university for conducting fundamental research in collaboration with a covered entity.
- 2Who counts as a covered entity: Includes (A) U.S. academic institutions on specific U.S. defense-related lists, (B) Chinese entities on a listed Chinese military companies roster, and (C) any Chinese university or related institution that meets criteria tied to China’s national defense or military-civil fusion programs. It also covers individuals connected to those institutions, including foreign students and researchers funded by or holding degrees from those entities, and related programs or entities described in the bill.
- 3Waiver process and eligibility: A federal agency head may grant a case-by-case waiver if it serves national security interests. Eligibility for the waiver depends on institutional demographics: international enrollment under 15% and foreign students from countries of concern comprising less than 5% of the international student body. Persecuted groups from countries of concern must not be counted toward these caps.
- 4Congressional oversight and reporting: Agencies must notify Congress within 30 days after a waiver is used, and must annually report on compliance. Annual reports must include a list of institutions that applied for funding and those that sought waivers, enrollment statistics (domestic, international, and countries of concern), and detailed information about any waivers, including justification and specifics of allowed collaborations (including IP terms).
- 5Definitions and scope: The bill defines collaboration broadly to cover sharing facilities, data, know-how, funding, fellowships, visas, joint ventures, and more, including involvement of researchers on advisory boards. It ties fundamental research to the definition in NSSD-189, and it uses specific lists and designations to define a “foreign country of concern” and a “covered entity.”