To amend the National Defense Authorization Act for Fiscal Year 2021 to prohibit certain institutions of higher education from receiving research and development awards, and for other purposes.
- Sponsor
- Rep. Stefanik, Elise M. [R-NY-21]
- Committees
- Science, Space, and Technology Committee (primary)
- Last action
- Apr 28, 2026
Bottom line
This bill aims to safeguard U.S. national security and technological advantage by restricting federal research funding to universities that engage in sensitive research collaborations with adversarial foreign governments.
What it actually does
This bill amends the National Defense Authorization Act for Fiscal Year 2021 to prohibit institutions of higher education from receiving federal research and development awards for a period of five years if they accept funds from certain foreign governments or their agents for research related to national security or military applications, specifically in artificial intelligence, biotechnology, or quantum information science.
Proponents argue
Supporters argue this bill is crucial for protecting U.S. national security and preventing foreign adversaries from exploiting American academic research and technological advancements. They contend it closes a critical loophole that could allow sensitive intellectual property and expertise in fields like AI and biotechnology to be transferred to countries that may use them against U.S. interests, thereby preserving the integrity and security of the U.S. research ecosystem.
Opponents contend
Opponents might argue that such broad prohibitions could inadvertently stifle academic freedom, limit valuable international scientific collaboration, and potentially harm U.S. research competitiveness by isolating institutions from global talent and resources. They may also raise concerns about the practical difficulties and administrative burden for universities in meticulously vetting all foreign funding sources under the bill's expansive definitions, potentially leading to unintended consequences for legitimate research partnerships.
The bill is very concise and clearly written, allowing an informed reader to understand its core provisions and implications quickly.
Section 1, inserting new Section 223A(a)
Prohibition on Research and Development Awards for Certain Institutions of Higher Education
This provision establishes a five-year prohibition on federal research and development awards for any institution of higher education that receives funds from a 'foreign source' to conduct research and development related to national security or military applications. This includes research in artificial intelligence, biotechnology, and quantum information science. The five-year ban commences from the date the institution receives such foreign funds.
Supporters argue
Proponents argue this provision directly addresses national security vulnerabilities by preventing adversarial foreign governments from leveraging U.S. academic research for their military or intelligence objectives. They believe it safeguards critical intellectual property and maintains the U.S. competitive edge in key technological fields, thereby protecting national interests.
Critics contend
Opponents might contend that this provision could create an overly broad chilling effect, discouraging legitimate international scientific collaboration and potentially isolating U.S. researchers from global advancements. They may also argue it places an undue burden on IHEs to meticulously vet all foreign funding sources, which could be complex and resource-intensive, potentially leading to unintended consequences for beneficial research.
Tradeoffs
The bill balances the imperative of national security against the principles of academic freedom and open international scientific collaboration. It seeks to protect sensitive research while potentially limiting the scope of global engagement for U.S. institutions, creating a tension between security measures and the benefits of international academic exchange.
Section 1, inserting new Section 223A(b)
Definitions of Key Terms
This section defines critical terms for the prohibition, including 'artificial intelligence,' 'biotechnology,' 'foreign source,' 'institution of higher education,' 'quantum information science,' 'research and development award,' 'specified foreign government,' and 'specified task.' The 'foreign source' definition is broad, covering specified foreign governments, their established entities, entities with 25% or more government ownership, and their agents. 'Specified foreign governments' explicitly include countries like China, Russia, Iran, and others, plus any country the Secretary of State deems appropriate. 'Specified task' covers R&D related to national security or military applications, specifically mentioning AI, biotechnology, and quantum information science.
The bill defines 'research and development award' by referencing section 223 of the National Defense Authorization Act for Fiscal Year 2021, rather than providing the full definition within the bill text.
Section 223A(b)(6)
Why it matters:This is standard legislative practice to avoid reprinting lengthy definitions already established in existing law, ensuring consistency across statutes.
Case for: Referencing existing definitions streamlines legislation, reduces redundancy, and ensures legal consistency across different acts of Congress. It assumes readers have access to or can easily look up the referenced statutory language.
Case against: Without immediate access to the referenced section, a casual reader or even an informed stakeholder cannot fully grasp the precise universe of federal funding that would be subject to the prohibition, making a complete assessment of the bill's impact more challenging.
Estimated impact: The impact is significant as it defines the universe of federal R&D awards that would be prohibited, directly affecting the financial and operational scope of the bill's restrictions on institutions of higher education.