PolicyBrief
S. 769
119th CongressApr 30th 2025
United States Research Protection Act of 2025
AWAITING SENATE

This bill refines the definition of "foreign country of concern" and clarifies the scope of involvement in malign foreign talent recruitment restrictions.

John Cornyn
R

John Cornyn

Senator

TX

LEGISLATION

Research Protection Act Expands Scrutiny: Indirect Ties to Foreign Talent Programs Now Count

The United States Research Protection Act of 2025 isn't about funding new labs or building bigger telescopes; it’s a policy cleanup job focused squarely on national security and research integrity. Specifically, Section 2 takes a technical scalpel to existing law regarding restrictions on foreign talent recruitment programs. Its main move is to tighten the definition of what counts as a bad actor in the research world, making it harder to skirt existing rules.

The Cleanup Crew: Defining 'Of Concern'

This section amends the Research and Development, Competition, and Innovation Act by adding the qualifier “of concern” every time “foreign country” is mentioned in the context of talent recruitment restrictions. Think of it like this: the law used to say, “Don’t work for that foreign country’s talent program.” Now, it specifies, “Don’t work for that foreign country of concern’s talent program.” While this sounds like a clarification, it’s a big deal because it relies on an external, existing definition of which countries are actually “of concern.” For researchers, this means the rules are now explicitly focused on nations deemed adversarial, but the list of those nations is determined elsewhere, giving the enforcing agencies significant power to decide who is under the microscope.

Closing the Back Door: The Indirect Clause

The most significant change for working academics and researchers is the shift in how “involvement” is measured. Previously, the law primarily targeted benefits or activities that were “directly provided” by a restricted program. This bill expands that to include involvement that is provided “directly or indirectly.” This is the real-world equivalent of closing a loophole. If a researcher used to receive funding from a restricted foreign entity through a third-party shell corporation or an intermediary university, that connection might have been hard to prove under the old definition. Now, any indirect involvement—even if it’s tangential or routed through several layers—is explicitly covered. For a professor collaborating internationally, this significantly raises the stakes, requiring much deeper due diligence on the origin of all funding and partnerships, even if they seem minor.

Who Feels the Heat?

This is primarily a definitional and procedural change, but its impact will be felt most by researchers, particularly those in sensitive fields like advanced computing, biotech, or aerospace, who have international collaborations. While the goal is to protect U.S. intellectual property and national security, the expanded “indirectly” clause could lead to heightened scrutiny for anyone with even minor or unintentional ties to entities in countries “of concern.” For example, a materials scientist might face investigation if their U.S. lab partner uses a piece of equipment that was indirectly funded years ago by a restricted foreign university. The bill aims for clarity and security, but the practical challenge for the average researcher will be navigating this broader, deeper net of prohibited involvement.