Sec. 604. General provisions
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/bill/115/hr/4508/ih/section-604A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 631(a) ( 20 U.S.C. 1132(a) ) is amended— by striking paragraphs
(5)and (9); in paragraph (8), by inserting and after the semicolon at the end; and by redesignating paragraphs (6), (7), (8), and
(10)as paragraphs (5), (6), (7), and (8), respectively. Section 632(2) ( 20 U.S.C. 1132–1(2) ) is amended by inserting substantial before need . Section 636 ( 20 U.S.C. 1132–5 ) is amended— by inserting
(a)before Biennial report on areas of national need .— The Secretary ; and by adding at the end the following new subsection: Not later than 180 days after the date of the enactment of this subsection, and annually thereafter, the Secretary shall submit to the authorizing committees a report that identifies the efforts taken to ensure recipients’ compliance with the requirements under this title relating to the diverse perspectives and a wide range of views requirement, including any technical assistance the Department has provided, any regulatory guidance the Department has issued, and any monitoring the Department has conducted. Such report shall be made available to the public. . Section 637 ( 20 U.S.C. 1132–6 ) is repealed. Section 638(b) ( 20 U.S.C. 1132–7(b) ) is amended to read as follows: Except as provided in paragraph (5), the Secretary shall require an institution of higher education referred to in subsection
(a)to file a disclosure report under paragraph
(2)with the Secretary on January 31 or July 31, whichever is sooner, with respect to the date on which such institution received a contribution— less than 7 months from such date; and greater than 30 days from such date. Each report to the Secretary required by this section shall contain the following information with respect to the institution of higher education filing the report: For gifts received from, or contracts entered into with a foreign source other than a foreign government, the following information: The aggregate dollar amount of such gifts and contracts attributable to each country, including the fair market value of the services of staff members, textbooks, and other in-kind gifts. The legal name of the entity providing any such gift or contract. The country to which the gift is attributable. For gifts received from, or contracts entered into with, a foreign government, the aggregate dollar amount of such gifts and contracts received from each foreign government and the legal name of the entity providing any such gift or contract. In the case of an institution of higher education that is owned or controlled by a foreign source— the identity of the foreign source; the date on which the foreign source assumed ownership or control of the institution; and any changes in program or structure resulting from the change in ownership or control. Notwithstanding paragraph (1), when an institution of higher education receives a restricted or conditional gift or contract from a foreign source, the institution shall disclose the following: In the case of gifts received from, or contracts entered into with, a foreign source other than a foreign government, the amount, the date, and a description of such conditions or restrictions. The country to which the gift is attributable. In the case of gifts received from, or contracts entered into with, a foreign government, the amount, the date, a description of such conditions or restrictions, and the name of the foreign government. For purposes of this subsection, the country to which a gift is attributable is— the country of citizenship; or if the information described in subparagraph
(A)is not known— the principal residence for a foreign source who is a natural person; or the principal place of business and country of incorporation for a foreign source that is a legal entity. If an institution described under subsection
(a)is located within a State that has enacted requirements for public disclosure of gifts from, or contracts with, a foreign source that are substantially similar to the requirements of this section, as determined by the Secretary, a copy of the disclosure report filed with the State may be filed with the Secretary in lieu of a report required under paragraph (1). With respect to an institution that submits a copy of a disclosure report pursuant to subparagraph (A), the State in which such institution is located shall provide to the Secretary such assurances as the Secretary may require to establish that the institution has met the requirements for public disclosure under the laws of such State. If an institution receives a gift from, or enters into a contract with, a foreign source, where any other Federal law or regulation requires a report containing requirements substantially similar to the requirements under this section, as determined by the Secretary, a copy of the report may be filed with the Secretary in lieu of a report required under subsection (b). A disclosure report required by this section shall be— available as public records open to inspection and copying during business hours; available electronically; and made available under subparagraphs
(A)and
(B)not later than 30 days after the Secretary receives such report. Whenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section. For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, an institution shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement. In this section: The term contract means any agreement for the acquisition by purchase, lease, gift, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties. The term foreign source means— a foreign government, including an agency of a foreign government; a legal entity, governmental or otherwise, created solely under the laws of a foreign state or states; an individual who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source. The term gift means any gift of money, property, human resources, or payment of any staff. The term restricted or conditional , with respect to an endowment, gift, grant, contract, award, present, or property of any kind means including as a condition on such endowment, gift, grant, contract, award, present, or property provisions regarding— the employment, assignment, or termination of faculty; the establishment of departments, centers, research or lecture programs, institutes, instructional programs, or new faculty positions; the selection or admission of students; or the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion. . Part D of title VI ( 20 U.S.C. 1132 et seq.) is amended— by redesignating such part as part C; and by redesignating sections 631, 632, 633, 634, 635, 636, and 638 as sections 621, 622, 623, 624, 625, 626, and 627, respectively. Part C of title VI ( 20 U.S.C. 1131 et seq.), as so redesignated by subsection (f)(1) of this section, is amended by adding at the end the following new sections: The Secretary shall make continuation awards under this title for the second and succeeding years of a grant only after determining that the recipient is making satisfactory progress in carrying out the grant. There is authorized to be appropriated to carry out this title $61,525,000 for each of fiscal years 2019 through 2024. .
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4 references not yet in our index
- 20 USC 1132–1(2)
- 20 USC 1132–5
- 20 USC 1132–6
- 20 USC 1132–7(b)
Citation graph
cites case law
Sec. 604
General provisions
Cite20 USC 1132–1(2)
Cite20 USC 1132–5
Cite20 USC 1132–6
Cite20 USC 1132–7(b)
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