[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2856 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2856
To amend the Higher Education Act of 1965 to require additional
disclosures relating to gifts and contracts from foreign sources.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2023
Mr. Vance (for himself, Mr. Braun, Mr. Hawley, Mr. Budd, and Mr.
Tuberville) 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 require additional
disclosures relating to gifts and contracts from foreign sources.
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 ``Safeguarding American Education From
Foreign Control Act''.
SEC. 2. DISCLOSURES OF FOREIGN GIFTS.
(a) Additional Disclosures Required.--Section 117 of the Higher
Education Act of 1965 (20 U.S.C. 1011f) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Disclosure Report.--
``(1) In general.--Whenever any institution is owned or
controlled by a foreign source, or receives a gift from or
enters into a contract with a foreign source that equals or
exceeds the threshold value described in paragraph (2), the
institution shall file a disclosure report with the Secretary
on January 31 or July 31, whichever is sooner.
``(2) Threshold value.--For purposes of this subsection,
the threshold value of a gift from or contract with a foreign
source is--
``(A) in the case of a foreign source that is not
associated with a covered nation, $250,000 or more,
considered alone or in combination with all other gifts
from or contracts with that foreign source within a
calendar year; and
``(B) in the case of a foreign source that is
associated with a covered nation, a gift or contract of
any value.'';
(2) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively;
(3) by inserting after subsection (c) the following:
``(d) Additional Submissions; Reporting.--
``(1) Transmission of reports, documents, and records.--Not
later than 10 days after receiving a disclosure report,
document, or other record from an institution under this
section, the Secretary shall transmit a copy of such report,
document, or record to the Director of the Federal Bureau of
Investigation and the Director of National Intelligence.
``(2) Report to the secretary of state.--The Secretary of
Education shall transmit periodic reports to the Secretary of
State regarding disclosures made under this section.'';
(4) in subsection (g), as redesignated by paragraph (2), by
adding at the end the following:
``(3) Investigation.--Whenever the Secretary receives
credible information about potential noncompliance under this
section regarding a covered nation, the Secretary shall
initiate an investigation under this section.
``(4) Requests by other agencies.--The Director of the
Federal Bureau of Investigation and the Director of National
Intelligence may request that the Attorney General bring a
civil action to compel compliance with this section, as
described in paragraph (1).''; and
(5) in subsection (i), as redesignated by paragraph (2)--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6); and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) the term `covered nation' has the meaning given that
term in section 4872(d)(2) of title 10, United States Code;''.
(b) Transmittal of Records to FBI and DNI.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Education shall
transmit to the Director of the Federal Bureau of Investigation
and the Director of National Intelligence--
(A) a copy of any report, document, or other record
received by the Department of Education under section
117 of the Higher Education Act of 1965 (20 U.S.C.
1011f), regardless of the date on which the record was
received or the status of the case to which the record
pertains (while the Department of Education shall
retain the original); and
(B) a copy of the entire record generated by the
Department of Education in the course of an
investigation into the compliance of an institution
with such section (including any past investigation
since the enactment of such section), including any
email, report, document, or other record (while the
Department of Education shall retain the original).
(2) New investigations.--In the case of a new investigation
under section 117 of the Higher Education Act of 1965 (20
U.S.C. 1011f) after the date of enactment of this Act, the
Secretary of Education shall--
(A) notify the Director of the Federal Bureau of
Investigation and the Director of National Intelligence
when such an investigation is opened;
(B) submit the entire record of such investigation
(as described in paragraph (1)) not more than 90 days
after the completion of such investigation; and
(C) retain original records as described in
paragraph (1).
<all>