,,ii #aaith ,,congress #ast ,session ,s4 #bgee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #aj1 #bjbe,mr4 ,cotton 7for himself1 ,mr4 ,scott of ,florida1 ,mr4 ,mullin1 and ,mr4 ,cruz7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,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 entity4 #a4 ,short title ,this ,act may be cited as the ,protecting ,american ,research and ,talent ,act4 #b4 ,prohibition on availability of funds for fundamental research collaboration with covered entities 7a7 ,prohibition ,except as provided in subsection 7b71 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 entity4 7b7 ,waiver 7#a7 ,in general ,the head of a ,federal agency may waive the prohibition described in subsection 7a7 on a case-by-case basis1 with respect to an individual grant or contract with an eligible institution of higher education described in paragraph 7#b7 if the agency head determines that such a waiver is in the national security interests of the ,united ,states4 7#b7 ,eligibility 7,a7 ,in general ,an institution of higher education is eligible for a waiver under this subsection if-- 7i7 the international enrollment rate at the institution is less than #ae percent2 and 7ii7 the enrollment at the institution of students from foreign countries of concern is less than #e percent of the international student body at the institution4 7,b7 ,persecuted groups not to be included in cap 7i7 ,in general ,for purposes of calculating the enrollment at an institution of higher education of students under clauses 7i7 and 7ii7 of subparagraph 7,a71 a student from a foreign country of concern who is member of a group on the list described in clause 7ii7 for such foreign country of concern shall not count toward the caps provided in such subparagraph4 7ii7 ,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 concern4 7#c7 ,congressional notice ,not later than #cj 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 7#a71 the head of the agency shall submit to ,congress a notice of such waiver4 7c7 ,report 7#a7 ,in general ,on an annual basis1 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 section4 7#b7 ,contents ,each report annex submitted pursuant to paragraph 7#a7 shall include-- 7,a7 a list of institutions of higher education that applied for funding that also applied for a waiver under subsection 7b7 during the period covered by the report1 and for each of these institutions1 statistics on domestic1 international1 and foreign country of concern enrollment in each of the institution's undergraduate and graduate schools2 and 7,b7 for each waiver made under subsection 7b7 during the period covered by the report-- 7i7 a justification for the waiver2 and 7ii7 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 waiver1 including identification of the institution of higher education and the covered entity involved1 the type of technology involved1 the duration of the collaboration1 and terms and conditions on intellectual property assignment1 as applicable1 under the collaboration agreement4 7d7 ,definitions ,in this ,act3 7#a7 ,collaboration ,the term collaboration means coordinated activity between an institution of higher education and a covered entity1 and includes-- 7,a7 sharing of research facilities1 resources1 or data2 7,b7 sharing of technical know-how2 7,c7 any financial or in-kind contribution intended to produce a research product2 7,d7 sponsorship or facilitation of research fellowships1 visas1 or residence permits2 7,e7 joint ventures1 partnerships1 or other formalized agreements for the purpose of conducting research or sharing resources1 data1 or technology2 7,f7 inclusion of researchers as consultants1 advisors1 or members of advisory or review boards2 and 7,g7 such other activities as may be determined by the ,secretary of ,defense4 7#b7 ,covered entity ,the term covered entity-- 7,a7 means-- 7i7 any academic institution that is included in the most recently updated list developed pursuant to section #abhf7;c77#i7 of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb2 #aj ,u4,s4,c4 #djja note72 7ii7 any entity included in the list of ,chinese military companies operating in the ,united ,states most recently submitted under section #abfj;,h7b77#a7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc2aj ,u4,s4,c4 #aac note72 or 7iii7 any college or university in the ,people's ,republic of ,china that-- 7,i7 is known as the ,seven ,sons of ,national ,defense2 7,,ii7 is designated under the ,double ,first-,class ,construction plan2 7,,iii7 is designated or overseen by the ,state ,administration for ,science1 ,technology1 and ,industry for ,national ,defense to host joint construction programs2 or 7,,iv7 otherwise conducts research or other activities in support of implementation of military-civil fusion strategy or national defense capabilities2 and 7,b7 includes-- 7i7 any individual employed by1 or receiving funding from1 an entity or academic institution described in subparagraph 7,a72 7ii7 any foreign person who holds a degree from an academic institution described in subparagraph 7,a72 and 7iii7 any foreign person who receives funding from-- 7,i7 an entity described in subparagraph 7,a72 7,,ii7 a foreign talent program included in the most recently updated list developed pursuant to section #abhf7;c77#aj7 of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb2 #aj ,u4,s4,c4 #djja note72 or 7,,iii7 a foreign country of concern or an entity based in a foreign country of concern1 whether or not directly sponsored by the foreign country of concern4 7#c7 ,foreign country of concern ,the term foreign country of concern has the meaning given the term in section #ajfab7;a7 of the ,research and ,development1 ,competition1 and ,innovation ,act 7,public ,law #aag-afg2 #acf ,stat4 #afce2 #db ,u4,s4,c4 #aibba7 4 7#d7 ,fundamental research ,the term fundamental research has the meaning given that term in ,national ,security ,decision ,directive-#ahi 7,,nssd-#ahi71 ,national ,policy on the ,transfer of ,scientific1 ,technical and ,engineering ,information1 dated ,september #ba1 #aihe1 or any successor document4 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7 and includes-- 7,a7 any department1 program1 project1 faculty1 researcher1 or other individual1 entity1 or activity of such institution2 and 7,b7 any branch of such institution within or outside the ,united ,states4