H.R. 5253 — Protecting American Research and Talent Act

This section prohibits federal agencies from obligating or expending funds for grants or contracts to institutions of higher education to conduct fundamental research in collaboration with covered entities, subject to case-by-case waivers by agency heads if determined to be in the national security interests of the United States and the institution meets specified eligibility criteria (i.e., international enrollment rate below 15% and enrollment of students from foreign countries of concern below 5% of the international student body, excluding persecuted groups identified by the Secretary of State). Covered entities include (1) academic institutions on lists pursuant to specified National Defense Authorization Act provisions, (2) Chinese military companies operating in the United States, (3) certain universities in the People's Republic of China (e.g., the "Seven Sons of National Defense" or those supporting military-civil fusion), and (4) related individuals such as employees, degree-holders, or funding recipients from those entities or foreign talent programs; collaboration encompasses activities such as sharing facilities, data, know-how, or intellectual property and joint research agreements. This section requires agency heads to notify Congress within 30 days of any waiver and to submit annual reports to Congress on agency and institutional compliance, including lists of waiver applicants with enrollment statistics, justifications for approved waivers, and details on permitted collaborations (e.g., technologies involved, duration, intellectual property terms). Foreign country of concern has the meaning given in 42 U.S.C. 19221 (i.e., includes China, Russia, Iran, North Korea).