Amends the effectiveness of provisions related to the submission of physician profile information

2025 Regular Session Introduced by Gustavo Rivera

Expands limits on foreign talent recruitment by covering indirect benefits from foreign countries of concern, forcing U.S. researchers and funders to curb federal research risks.

SUBSTITUTED BY A926

Purpose

S. 769 clarifies and tightens the Research and Development, Competition, and Innovation Act’s restrictions on “malign foreign talent recruitment” by (1) changing the statutory phrase “foreign country” to “foreign country of concern” and (2) extending the prohibition to benefits provided indirectly (not only directly) by such countries or entities linked to them. The stated intent is to close a perceived loophole that allowed indirect support from foreign talent programs to bypass existing restrictions on federally funded researchers.

Key provisions

Amends paragraph (4) of section 10638 of title VI, division B (42 U.S.C. 19237):

Inserts the phrase “of concern” after every occurrence of “foreign country” (i.e., “foreign country of concern”).
Rewords the definition so it reads “means any program, position, or activity…” (removing prior language that created ambiguity).
Expands coverage from benefits “directly provided” to benefits “whether directly or indirectly provided.”
Explicitly captures benefits from a foreign country of concern or an entity that is based in, funded by, or affiliated with such a country.

Removes a prior subparagraph and reorganizes listed clauses into subparagraphs (technical conforming changes).

Who would be affected

Federally funded researchers and research personnel who receive U.S. government research funding (e.g., grants, contracts).

U.S. research institutions, universities, and federal agencies that administer research funds (NIH, NSF, DOE, etc.) — they may need to update policies, disclosure forms, and compliance procedures.

Foreign talent programs and foreign-affiliated entities that offer compensation, incentives, appointments, or other benefits to U.S.-based researchers.

Procedural history and status

Introduced in the Senate Feb 27, 2025 (Sen. Cornyn, with Sen. Padilla); Sen. Curtis joined as cosponsor.

Referred to the Senate Commerce, Science, and Transportation Committee; ordered reported favorably Apr 30, 2025.

Committee reported the bill without amendment July 22, 2025 (S. Rept. 119–45); placed on Senate Legislative Calendar (Calendar No. 123).

House companion: H.R. 1318 (passed House by voice vote Mar 24, 2025).

Congressional Budget Office (report excerpt) indicated implementing the bill would have no significant federal budgetary effect (CBO estimate in the report is truncated but indicates minimal fiscal impact).

Potential impact and considerations

Closes an enforcement gap by covering indirect benefits and entities affiliated with a “foreign country of concern,” potentially reducing risk of transfer of federally funded research or IP via foreign talent programs.

May require institutions to broaden reporting and vetting of outside affiliations, gifts, and compensation; could complicate legitimate international collaborations if affiliations are unclear.

Implementation will likely require agency guidance to define “foreign country of concern” and to operationalize “indirect” benefits.

Note: The supplied materials also included text from a separate state-level “Senate Docket No. 769” (Massachusetts) about continuity of mental-health care; that is a distinct, unrelated bill that shares the same docket/number in a different jurisdiction. For current federal enactment status, consult official congressional records.

Bill