Eligibility

(a) Countries The Secretary may take into account any considerations in the Secretary’s discretion when considering whether a country is eligible to participate in the program, which may include whether— (1) the country is an allied or partner country listed in section 2350a(a)(2) of title 10, United States Code; (2) the Secretary determines that the country is strategically or commercially important to the United States; and (3) the Secretary determines that the country has the capacity and commitment to participate in the program. (b) Entities The Secretary may take into account any considerations in the Secretary’s discretion when considering whether an entity is eligible to participate in the program if the entity— (1) is— (A) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); (B) a nonprofit institution; (C) a federally funded research and development center; (D) a private sector entity; or (E) a consortia of entities described in subparagraphs (A) through (D); and (2) is not a foreign entity of concern. (c) Country preference In selecting countries under subsection (a) to participate in the program, the Secretary shall, to the maximum extent practicable, give preference to countries that— (1) are a party to a trade or economic cooperation agreement with the United States; or (2) participate in other bilateral or multilateral initiatives, frameworks, or agreements that are identified by the President as promoting United States foreign policy, economic security, or national security objectives, including normalization agreements, regional integration efforts, or strategic economic partnerships. (d) Countries of concern and entities The Secretary may not establish partnerships with any country of concern or foreign entity of concern.