American Science First Act
The American Science First Act would ban the National Science Foundation (NSF) Director from awarding any grants or other forms of assistance to Chinese Communist military companies and their affiliates. The restriction targets not only the direct recipient but also any entity that has a relationship with such companies—examples include research partnerships, joint ventures, or contracts. The prohibition relies on existing U.S. government lists: (1) entities on the Export Administration Regulations (EAR) Supplement No. 4 list, (2) companies listed by certain NDAA sections (FY1999 and FY2021, with any successor lists), and (3) any parent, subsidiary, or affiliate of those entities. The bill uses a broad definition of “Export Administration Regulations” and states the restriction is in force “notwithstanding any other provision of law,” making it a mandatory rule rather than discretionary. The bill was introduced in the House by Mr. Allen and referred to the Committee on Science, Space, and Technology.
Key Points
- 1Prohibits NSF from granting or providing any form of assistance to Chinese communist military companies and their affiliates, including entities with research partnerships, joint ventures, or contracts with them.
- 2Prohibited recipients include: (1) entities on the EAR Supplement No. 4 list, (2) companies listed under NDAA FY1999 Sec. 1237 or NDAA FY2021 Sec. 1260H (or their successor lists), and (3) any parent, subsidiary, or affiliate of those entities.
- 3Uses the term Export Administration Regulations (EAR) to define the regulatory basis for the restricted lists.
- 4Applies even if other laws would otherwise allow funding; the restriction is stated to override other legal provisions ("notwithstanding any other provision of law").
- 5The bill classifies the act as the "American Science First Act" and places enforcement under the NSF Director's authority.