Protecting American Research and Talent Act
The Protecting American Research and Talent Act would bar federal funds from being used to award grants or contracts to colleges and universities for fundamental research if the work involves collaboration with what the bill calls a “covered entity.” A covered entity includes certain Chinese universities and companies with military or defense ties, as well as individuals connected to those institutions or programs. In practice, this means most partnerships involving fundamental research with these entities would require a waiver from the head of the federal agency, and waivers would be granted only if the agency determines the waiver serves national security interests. The bill creates annual reporting requirements to Congress on compliance, waivers, and the nature of any collaborations. The policy aims to limit foreign influence and potential transfer of sensitive knowledge from U.S. universities to entities considered to be security risks, particularly those linked to China or other specified countries of concern. It also imposes transparency and oversight through reporting and congressional notification of any approved waivers.
Key Points
- 1Prohibition on funding: Unless a waiver applies, no federal funds may be obligated or expended to award a grant or contract to an institution of higher education for fundamental research that involves collaboration with a covered entity.
- 2Waiver mechanism: Federal agency heads can grant waivers on a case-by-case basis if the waiver serves the national security interests of the United States.
- 3Eligibility for a waiver: An institution is eligible if (a) its international enrollment rate is less than 15 percent, and (b) international students from foreign countries of concern make up less than 5 percent of the institution’s international student body. Persecuted groups from the country of concern are excluded from counting toward these caps.
- 4Congressional notice: Within 30 days after any award involving a waiver, agencies must notify Congress of the waiver.
- 5Annual reporting: Each federal agency must submit an annual report on compliance, including (a) a list of institutions that applied for funding and also sought a waiver (with enrollment statistics), and (b) for each waiver, a justification and a detailed description of the allowed collaboration, including parties involved, technology, duration, and intellectual property terms.
- 6Key definitions: The bill defines “collaboration,” “covered entity,” “foreign country of concern,” “fundamental research,” and “institution of higher education.” The covered-entity definition is broad and includes:
- 7- U.S. and international academic institutions listed in defense-related lists,
- 8- Chinese military companies or entities on designated lists,
- 9- Certain Chinese universities and programs linked to national defense or military-civil fusion,
- 10- Individuals connected to these entities (employed, educated, or funded by them),
- 11- Foreign students or funding tied to these entities or to foreign talent programs connected to the above.
- 12Scope of collaboration: The term “collaboration” covers a wide range of activities, including facility or data sharing, joint ventures, sponsorship of research fellowships or visas, and involvement of researchers as consultants or advisory board members.
- 13Fundamental research definition: Ties to established U.S. national security guidance (NSSD-189) on information transfer.