S. 2755

119th CONGRESS 1st Session

To provide that 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.

IN THE SENATE OF THE UNITED STATES · September 10, 2025 · Sponsor: Mr. Cotton · Committee: Committee on Homeland Security and Governmental Affairs

Table of contents

• S. 2755
  • SEC. 1. Short title
  • SEC. 2. Prohibition on availability of funds for fundamental research collaboration with covered entities

SEC. 1. Short title

• This Act may be cited as the Protecting American Research and Talent Act.

SEC. 2. 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) 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) 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 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
      • 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:
    • The term collaboration means coordinated activity between an institution of higher education and a covered entity, and includes—
    • The term — covered entity
    • 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 (; 136 Stat. 1635; ) . Public Law 117–167; 42 U.S.C. 19221
    • 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.
    • The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 () and includes— 20 U.S.C. 1002