US higher education groups warn defence bill could restrict international research partnerships

Higher education associations in the US have raised concerns over proposed provisions in the 2027 National Defense Authorization Act (NDAA), warning that they could restrict international academic partnerships and research collaborations.

The American Council on Education (ACE) said it had coordinated a letter from higher education groups to congressional leaders, urging them to reject proposals that could interrupt or prohibit international partnerships. The concerns relate to expanded reporting requirements for foreign gifts and contracts, restrictions on agreements with foreign entities and proposed limits on research partnerships with institutions in China and other countries of concern.

The annual defence policy legislation remains under negotiation. The US House of Representatives passed its version of the NDAA in July, but the Senate had yet to pass its own version or consider amendments as of November 6, according to ACE.

One of the main concerns raised by the associations is the possible inclusion of the DETERRENT Act, which would expand the existing foreign funding disclosure requirements under Section 117 of the Higher Education Act.

The proposed legislation would lower the threshold for reporting foreign gifts and contracts and require institutions to collect information about faculty members' personal financial transactions. This would include gifts valued at as little as $480, ACE said.

The proposal would also introduce new restrictions on agreements between educational institutions and foreign entities. The associations argue that the requirements could affect international exchange programmes and research partnerships, including collaborations that do not involve sensitive research or federal funding.

Groups flag concerns over restrictions on China partnerships

The higher education associations have also objected to proposed research-security provisions that could effectively end many academic partnerships with institutions in China and other countries designated as countries of concern.

The groups have called for these restrictions to be more narrowly focused on specific security risks rather than applying broad limits to legitimate academic exchanges and research collaborations.

ACE said higher education institutions support measures to protect research security and prevent foreign interference. However, the associations argue that the proposed DETERRENT Act would duplicate existing federal requirements and give the Department of Education a greater role in overseeing research agreements, despite its limited expertise in the area.

They have also questioned the inclusion of the legislation in the defence bill without further examination by the congressional committees responsible for higher education policy.

The NDAA covers several issues affecting colleges and universities beyond research partnerships, including foreign funding disclosures, tuition assistance and educational opportunities for military-connected students.

The final provisions will depend on negotiations between lawmakers as Congress works towards an agreement on the legislation.