Protecting American Research and Talent Act
Protecting American Research and Talent Act would bar federal funding for awarding grants or contracts to higher education institutions for the purpose of conducting fundamental research in collaboration with a “covered entity,” unless a narrow waiver is granted. A waiver can be issued on a case-by-case basis if the agency head determines it serves national security interests. Eligibility for a waiver hinges on specific enrollment thresholds: the institution’s international student enrollment must be under 15%, and students from foreign countries of concern must be under 5% of the institution’s international student body. In waivers, persecuted groups from countries of concern are not counted toward these caps. Agencies must notify Congress within 30 days of any award involving a waived collaboration and annually report on compliance, including details about waivers and the nature of collaborations and intellectual property terms. The bill defines “collaboration” broadly to include sharing facilities, data, know-how, sponsorship of fellowships or visas, joint ventures, and other coordinated research activities. The term “covered entity” includes certain Chinese universities and companies identified by existing security-related lists, as well as any individuals or foreign students connected to those entities. The intent appears to be to limit foreign influence in basic scientific research tied to national security by restricting collaborations with entities deemed high-risk, particularly those connected to China, while allowing limited exceptions under tightly controlled conditions and with strong reporting requirements.
Key Points
- 1Prohibition on federal funds: No federal funds may be obligated or expended to award a grant or contract to an institution of higher education specifically for fundamental research conducted in collaboration with a covered entity, with limited waivers available.
- 2Case-by-case waiver mechanism: The head of a federal agency may grant a waiver if it serves the national security interests of the United States. Eligibility for waiver requires (i) international student enrollment < 15% and (ii) foreign students from countries of concern < 5% of the international student body, with certain persecuted groups excluded from these caps.
- 3Congressional notice: If a waiver is granted for an award involving a higher education institution, the agency head must notify Congress within 30 days of the award.
- 4Annual compliance reporting: Agencies must submit yearly reports detailing compliance, including the institutions that applied for funding and waivers, enrollment statistics, and for each waiver, the justification and details of the collaboration, including intellectual property terms where applicable.
- 5Broad definition of covered entity and collaboration: A covered entity includes certain U.S.-listed Chinese universities and Chinese entities, as well as individuals connected to those institutions or funded by them, and encompasses a range of collaboration activities (facility/data sharing, funding, joint ventures, visas/fellowships, IP terms, etc.). The definition relies on existing security-related lists and designations.