Introduction

Hostile foreign nations have attempted to exert soft influence on American universities, not least to acquire American scientific and technological knowledge. China is by far the worst offender, with extensive programs dedicated to intellectual and industrial espionage, but radical Islamic states and other dictatorships also have attempted to extend their influence to the American academy. The federal government should change universities’ financial incentives so that they no longer allow this infiltration to occur.

Our model bill prohibits federal agencies from funding research at institutions that fail to disclose foreign gifts or who have received more than 5% of their expenditures from foreign gifts.

Our model bill applies this restriction to all foreign gifts. We recognize that foreign influence exerted by China or Qatar is more inimical to American national interest than is foreign influence exerted by Canada or the United Kingdom. We believe in principle that no foreign country should exert undue influence on our colleges and universities. Policymakers who wish a more narrowly tailored bill may substitute an enumerated list of hostile foreign countries for our general ban.

Our model bill refers to the {National Science Foundation}. The bill should be adjusted by policymakers to refer to some or all individual federal agencies funding science grants. Similar references to the {Director of the National Science Foundation}, the {Executive Branch Office}, the {Senate Committee}, and the {House Committee} also should be adjusted appropriately by policymakers.

Model Legislative Text

1. Grant Conditions. The {National Science Foundation} may not fund any grant awards awarded after {Month Day, Year}, including categorical grants, discretionary grants, formula grants, and research grants, to researchers affiliated with an institution that:
   1. within the previous 10 years has failed to disclose transparently all gifts by foreign individuals or entities, whether directly or via intermediary organizations;
   2. has received total foreign gifts during the previous fiscal year, by foreign individuals or entities, whether directly or via intermediary organizations, that exceed more than 5% of its expenditures during the previous fiscal year; or
   3. has received any foreign gifts during the previous fiscal year, by foreign individuals or entities, whether directly or via intermediary organizations, from the Department of State's "Countries of Particular Concern" and "State Sponsors of Terrorism" lists.
2. Legal Presumptions. For all purposes described in subsection (1), where a legal entity (e.g., a foundation) operates substantially for the benefit or under the auspices of an institution, there is a presumption that when that legal entity receives money or enters into a contract with a foreign source, it is for the benefit of the institution, and, thus, must be disclosed by the institution,
3. Waivers. The {Director of the National Science Foundation} may provide an individual waiver for subsection (1) if:
   1. on an annual basis, starting no later than {Month Day, Year}, he submits to the {Executive Branch Office}, the {Senate Committee}, and the {House Committee} a report cataloguing, describing, and explaining each waiver granted under his authority in subsection (3); and
   2. he creates within one year of {Month Day, Year} a set and detailed procedure to allow private individuals and organizations to challenge each waiver granted under his authority in subsection (1).
4. Severability. If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.