Protecting American Research and Talent Act
The Protecting American Research and Talent Act would block federal funding for grants or contracts with colleges and universities when the funded fundamental research is conducted in collaboration with certain “covered entities.” A covered entity largely includes Chinese military-connected universities and other Chinese or foreign organizations tied to national defense or military-civil fusion programs, as well as individuals connected to those entities. The bill creates a narrow waiver process allowing funding on a case-by-case basis if a federal agency determines it serves national security interests. It also imposes eligibility criteria for waivers (primarily related to international student enrollment from the institution) and requires annual reporting to Congress on any waivers and collaborations. In short, the bill aims to curb collaborations in fundamental research with listed foreign entities while preserving a limited, security-focused exception mechanism. Potential impact: - U.S. higher education institutions could lose federal support for fundamental research collaborations with many foreign partners deemed “covered entities” unless a waiver is granted. - National security considerations would shape which research partnerships continue, with a formal process for congressional notification and ongoing reporting. - Institutions may need increased compliance and transparency around international collaborations and IP terms when waivers are used.
Key Points
- 1Prohibition on funding: Unless a waiver is granted, no federal funds may be obligated or expended to award a grant or contract to an institution of higher education for fundamental research conducted in collaboration with a covered entity.
- 2Waiver mechanism: Federal agency heads may waive the prohibition on a case-by-case basis if the waiver is in the national security interests of the United States.
- 3Eligibility for waivers: An institution is eligible if (a) international enrollment is under 15% and (b) students from foreign countries of concern comprise less than 5% of the international student body. Persecuted groups from those countries are not counted toward these caps, and the State Department will list such persecuted groups.
- 4Congressional notice: Agencies must notify Congress within 30 days after an award involving a waiver.
- 5Annual reporting: Agencies must annually report to Congress on compliance, including a list of institutions that applied for funding and also sought waivers, enrollment statistics, and detailed information for each approved waiver (justification, nature of collaboration, involved parties, technology, duration, and IP terms).
- 6Definitions:
- 7- Collaboration: Broadly includes sharing facilities/data, know-how, funding, sponsorship of fellowships or visas, joint ventures, and other coordinated activities.
- 8- Covered entity: Includes (i) specific U.S. academic institutions on a list tied to national defense laws, (ii) Chinese military company entities on a separate list, and (iii) certain Chinese universities/affiliates meeting military-national defense criteria; also includes related individuals and foreign students/funding connected to these entities.
- 9- Foreign country of concern, fundamental research, institution of higher education: Defined per existing defense and research policy authorities referenced in the bill.