Prohibition on availability of funds for fundamental research collaboration with covered entities

(a)

Prohibition

Except as provided in subsection (b), no Federal funds may be obligated or expended to award a grant or contract to an institution of higher education for the specific purposes of conducting fundamental research in collaboration with a covered entity. (b)

Waiver

(1)

In general

The head of a Federal agency may waive the prohibition described in subsection (a) on a case-by-case basis, with respect to an individual grant or contract with an eligible institution of higher education described in paragraph (2) if the agency head determines that such a waiver is in the national security interests of the United States. (2)

Eligibility

(A)

In general

An institution of higher education is eligible for a waiver under this subsection if— (i)the international enrollment rate at the institution is less than 15 percent; and (ii)the enrollment at the institution of students from foreign countries of concern is less than 5 percent of the international student body at the institution. (B)

Persecuted groups not to be included in cap

(i)

In general

For purposes of calculating the enrollment at an institution of higher education of students under clauses (i) and (ii) of subparagraph (A), a student from a foreign country of concern who is member of a group on the list described in clause (ii) for such foreign country of concern shall not count toward the caps provided in such subparagraph. (ii)

List

The Secretary of State shall establish a list for each foreign country of concern of groups who are the target of persecution in the foreign country of concern. (3)

Congressional notice

Not later than 30 days after the date on which an award is made by a Federal agency involving an institution of higher education with respect to which a waiver is made under paragraph (1), the head of the agency shall submit to Congress a notice of such waiver. (c)

Report

(1)

In general

On an annual basis, each head of a Federal agency shall submit to Congress a report on the compliance of the agency and institutions of higher education with the requirements of this section. (2)

Contents

Each report annex submitted pursuant to paragraph (1) shall include— (A)a list of institutions of higher education that applied for funding that also applied for a waiver under subsection (b) during the period covered by the report, and for each of these institutions, statistics on domestic, international, and foreign country of concern enrollment in each of the institution's undergraduate and graduate schools; and (B)for each waiver made under subsection (b) during the period covered by the report— (i)a justification for the waiver; and (ii)a detailed description of the type and extent of any collaboration between an institution of higher education and a covered entity allowed pursuant to the waiver, including identification of the institution of higher education and the covered entity involved, the type of technology involved, the duration of the collaboration, and terms and conditions on intellectual property assignment, as applicable, under the collaboration agreement. (d)

Definitions

In this Act: (1)

Collaboration

The term collaboration means coordinated activity between an institution of higher education and a covered entity, and includes— (A)sharing of research facilities, resources, or data; (B)sharing of technical know-how; (C)any financial or in-kind contribution intended to produce a research product; (D)sponsorship or facilitation of research fellowships, visas, or residence permits; (E)joint ventures, partnerships, or other formalized agreements for the purpose of conducting research or sharing resources, data, or technology; (F)inclusion of researchers as consultants, advisors, or members of advisory or review boards; and (G)such other activities as may be determined by the Secretary of Defense. (2)

Covered entity

The term covered entity— (A)means— (i)any academic institution that is included in the most recently updated list developed pursuant to section 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note); (ii)any entity included in the list of Chinese military companies operating in the United States most recently submitted under section 1260H(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283;10 U.S.C. 113 note); or (iii)any college or university in the People’s Republic of China that— (I)is known as the Seven Sons of National Defense; (II)is designated under the Double First-Class Construction plan; (III)is designated or overseen by the State Administration for Science, Technology, and Industry for National Defense to host joint construction programs; or (IV)otherwise conducts research or other activities in support of implementation of military-civil fusion strategy or national defense capabilities; and (B)includes— (i)any individual employed by, or receiving funding from, an entity or academic institution described in subparagraph (A); (ii)any foreign person who holds a degree from an academic institution described in subparagraph (A); and (iii)any foreign person who receives funding from— (I)an entity described in subparagraph (A); (II)a foreign talent program included in the most recently updated list developed pursuant to section 1286(c)(10) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note); or (III)a foreign country of concern or an entity based in a foreign country of concern, whether or not directly sponsored by the foreign country of concern. (3)

Foreign country of concern

The term foreign country of concern has the meaning given the term in section 10612(a) of the Research and Development, Competition, and Innovation Act (Public Law 117–167; 136 Stat. 1635; 42 U.S.C. 19221). (4)

Fundamental research

The term fundamental research has the meaning given that term in National Security Decision Directive–189 (NSSD–189), National Policy on the Transfer of Scientific, Technical and Engineering Information, dated September 21, 1985, or any successor document. (5)

Institution of higher education

The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) and includes— (A)any department, program, project, faculty, researcher, or other individual, entity, or activity of such institution; and (B)any branch of such institution within or outside the United States.