Eligibility

(a) Countries (1) Selection In carrying out the program, the Secretary shall determine which countries are eligible to participate in the program. (2) Considerations In making an eligibility determination under paragraph (1), the Secretary shall consider whether the country— (A) is an allied or partner country as described in section 2350a(a)(2) of title 10, United States Code; (B) is strategically or commercially important to the United States; (C) has the capacity and commitment to participate in the program; (D) has respect for human and labor rights, and the rule of law; and (E) meets other criteria, as determined by the Secretary. (3) Preference In making an eligibility determination under paragraph (1), the Secretary shall, to the maximum extent practicable, give preference to countries that— (A) are a party to a trade or economic cooperation agreement with the United States; (B) 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; or (C) meet the criteria described in section 607(b) of the Millennium Challenge Act of 2003 (22 U.S.C. 7706(b)). (b) Entities (1) Selection In carrying out the program, the Secretary shall determine which entities are eligible to participate in the program. (2) Considerations In making an eligibility determination under paragraph (1), the Secretary shall consider whether the entity— (A) is— (i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); (ii) a federally funded research and development center; (iii) a nonprofit institution with existing partnerships established with relevant federally funded research and development centers; (iv) a private sector entity with existing partnerships established with relevant federally funded research and development centers; or (v) a consortium of entities described in any of clauses (i) through (iv); (B) is not a foreign entity of concern (as defined in section 10612(a) of the CHIPS Act of 2022 (42 U.S.C. 19221(a))); and (C) meets other criteria for eligibility, as determined by the Secretary. (c) Ineligibility In carrying out the program, the Secretary may not establish partnerships with— (1) a country of concern; or (2) a country of concern entity.