[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2593 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2593
To amend the Higher Education Act of 1965 to improve Federal oversight
of foreign funding in education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2021
Mr. Rubio (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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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''.
SEC. 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 Nicolas 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.''.
SEC. 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).
SEC. 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.
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