US institutions claim that national security acts could harm research and exchanges.

While Congress examines new measures to protect institutions from Chinese manipulation, colleges argue that excessive regulation might harm American research and student exchanges. 

According to a recent briefing from the Association of American Universities, among the actions US universities have done to address foreign security threats are more training for academics on security dangers, increased inspection of overseas collaborations, and assessments of international contracts.

In an effort to avoid overregulatory measures, the organization emphasized that colleges are still adjusting to recently enacted obligations to safeguard American research and that researchers “take seriously” the threats to national security posed by foreign entities. 

However, colleges may face an increasing amount of compliance work as a result of Congress currently debating a number of new requirements to safeguard intellectual property and federally financed research data at US universities. 

Toby Smith, senior vice president for government affairs and public policy at AAU, expressed concerns about overreach. He clarified that “there keeps being a layering on of additional proposals that are out there” despite the fact that universities have not yet had time to completely implement and assess the effects of all the measures implemented during the last four years. 

“It is imperative that we ensure our compliance and quality of work before any new requirements are added,” he stated.

The DETERRENT Act is one of the proposals that Congress is now debating. It would lower the threshold for reporting foreign gifts to $0 for “countries of concern.” 

The Chinese Communist Party has been strategically calculating. They understand that using subtle but effective means to increase their influence in America is more effective than using traditional warfare, and academia has always been a target-rich environment,” Republican Congress representative John James stated. James introduced a gift disclosure bill that has since been incorporated into The DETERRENT Act. 

“It is not only good sense, but also national security that our higher education institutions be forced to reveal dishonest revenue sources.” 

Another bill being considered is the Protect America’s Innovation and Economic Security from CCP Act, which would bring back the contentious counterintelligence program known as the China Initiative, which was introduced by former President Donald Trump. 

Furthermore, at the close of 2023, the US-China Economic and Security Review Commission submitted its annual report to Congress, outlining a number of proposals that should be taken into account. Among these was a risk assessment of funds contributed to Chinese and Hong Kong colleges. Smith notes that although colleges recognize the need for national security, overly stringent security regulations may diminish the worth of research. 

“You’re getting less bang for your buck if you’re not doing the research and are just focusing on compliance,” he said. “When do we have enough security requirements for research that adding more won’t really help you?” 

Concerns have also been raised about the potential impact of laws on genuine collaborations and student exchanges with China.  

The DETERRENT Act, if it is passed, would mandate that colleges get approval from the Education Secretary before entering into any kind of relationship with a “foreign entity of concern,” including deals involving student mobility and joint research.