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S. 2593: GIFTs in Higher Education Act


The text of the bill below is as of Aug 3, 2021 (Introduced).


II

117th CONGRESS

1st Session

S. 2593

IN THE SENATE OF THE UNITED STATES

August 3, 2021

(for himself and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Higher Education Act of 1965 to improve Federal oversight of foreign funding in education.

1.

Short title

This Act may be cited as the Greater Insight into Foreign Transactions in Higher Education Act of 2021 or the GIFTs in Higher Education Act.

2.

Federal oversight of foreign funding in education

Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) is amended—

(1)

in subsection (a), by inserting , including a member of the faculty, professional staff, or other staff engaged in research and development, after Whenever any institution;

(2)

by redesignating subsections (b) through (g), and subsection (h), as subsections (c) through (h), and subsection (k), respectively;

(3)

by inserting after subsection (a) the following:

(b)

Disclosures of gifts and contracts from designated foreign adversary sources

(1)

In general

Notwithstanding subsection (a), whenever any institution, including a member of the faculty, professional staff, or other staff engaged in research and development, receives a gift from or enters into a contract with a designated foreign adversary source, the value of which is $50,000 or more, considered alone or in combination with all other gifts from or contracts with that designated foreign adversary source within a calendar year, the institution shall file a disclosure report with the Secretary not later than 30 days after the date of the receipt of the gift or entry into the contract.

(2)

List of designated foreign adversary sources

In consultation with Congress, the Secretary of State may add countries to the list of adversarial foreign governments in subsection (k) but may not remove countries from that list.

;

(4)

in subsection (d) (as redesignated), by striking subsection (b) and inserting subsection (c);

(5)

in subsection (e) (as redesignated), by striking subsection (a) each place it appears and inserting subsection (a) or (b);

(6)

in subsection (k) (as redesignated)—

(A)

by redesignating paragraph (1) and paragraphs (2) through (5) as paragraph 2 and paragraphs (4) through (7), respectively;

(B)

by inserting before paragraph (2) (as redesignated) the following:

(1)

the term adversarial foreign government means—

(A)

the People's Republic of China;

(B)

the Russian Federation;

(C)

the Democratic People's Republic of Korea;

(D)

the Islamic Republic of Iran;

(E)

the Republic of Cuba;

(F)

the Syrian Arab Republic;

(G)

the regime of Nicolás Maduro in Venezuela; and

(H)

the government of any other country designated as an adversarial foreign government for purposes of this section by the Secretary of State, in accordance with subsection (b)(2);

; and

(C)

by inserting after paragraph (2) (as redesignated) the following:

(3)

the term designated foreign adversary source means—

(A)

an adversarial foreign government, including an agency of an adversarial foreign government;

(B)

a legal entity, governmental or otherwise, organized solely under the laws of a country described in paragraph (1);

(C)

an individual who is a citizen or national of such a country; and

(D)

an agent, including a subsidiary or affiliate of a legal entity of an adversarial foreign government, acting on behalf of an adversarial foreign government;

; and

(7)

by inserting after subsection (h) (as redesignated) the following:

(i)

Publication of foreign gift disclosures

(1)

Disclosure of gifts or contracts from foreign sources

Not later than 30 days after the deadline for submission of a disclosure report under subsection (a), the Secretary shall make the contents of the disclosure report available online.

(2)

Disclosure of gifts or contracts from designated foreign adversary sources

Not later than 30 days after receipt of a disclosure report submitted under subsection (b), the Secretary shall make the contents of the disclosure report available online.

(j)

Agency coordination

The Secretary shall coordinate with other Federal agencies, as appropriate, to ensure that other Federal agencies have access to disclosure reports submitted under this section and any information or documentation relating to disclosure reports submitted under this section.

.

3.

Ensuring compliance with reporting requirements

(a)

In general

Each Federal agency shall ensure that no Federal funds under the jurisdiction of that agency are distributed to an institution that is knowingly or willfully in violation of section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f), as determined by the head of the relevant agency.

(b)

Department of Education

An institution that is knowingly or willfully in violation of section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f), as determined by the Secretary of Education, shall not be eligible to receive Federal funds distributed by the Department of Education, except funds provided under title IV of the Higher Education Act of 1965.

(c)

Definition of institution

In this section, the term institution has the meaning given that term in section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f).

4.

Effective date

This Act and the amendments made by this Act take effect on June 30 of the year following the year of enactment of this Act.