Sec. 401. Amendments to Higher Education Act of 1965
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Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended— in subsection (a)— by striking or enters into a contract with and inserting , or enters into a contract, agreement, affiliation, or similar transaction (not including tuition payments) conferring value upon the recipient institution with, ; and by striking January 31 or July 31, whichever is sooner and inserting not later than 90 days after the receipt of such gift or the execution of such contract, agreement, affiliation, or transaction ; by redesignating subsections
(g)and
(h)as subsections
(i)and (j), respectively and by inserting after subsection
(f)the following: Each institution subject to the provisions of this title that receives a gift from, or enters into a contract, agreement, affiliation, or similar transaction (not including tuition payments) with, a foreign source conferring value equal to not less than $250,000 during a calendar year upon the recipient institution, shall designate a chief compliance officer, who— shall be a current employee or legally authorized agent of such institution; and shall be directly responsible, on behalf of the institution, for full and timely compliance with the foreign gift reporting requirements under this section. Any institution that received any gift from, or entered into any contract, agreement, affiliation, or similar transaction (excluding tuition payments) with, a foreign source, as described in subsection (a), during the 15-year period ending on the date of the enactment of the Strengthening Trade, Regional Alliances, Technology, and Economic and Geopolitical Initiatives concerning China Act , shall, not later than 120 days after such date of enactment, submit to the Secretary of Education a comprehensive plan of compliance for the reporting of foreign source contracts, agreements, affiliations, or similar transactions in accordance with this section. Not later than 90 days after an institution makes any change to a compliance plan described in paragraph
(1)or designates a new chief compliance officer pursuant to subsection (g), the institution shall notify the Secretary of Education of such change or designation. . Section 117(c) of such Act ( 22 U.S.C. 1011f(c) ) is amended— in the matter preceding paragraph (1)— by striking or contract and inserting , or enters into a contract, agreement, affiliation, or similar transaction (not including tuition payments) conferring value upon the institution ; and by striking disclose the following: and inserting an em dash; in paragraph (1)— by striking For and inserting disclose, for ; by inserting , agreements, affiliations, or similar transactions (not including tuition payments) after contracts ; and by striking the period at the end and inserting a semicolon; in paragraph (2)— by striking For and inserting disclose, for ; by inserting , agreements, affiliations, or similar transactions (not including tuition payments) after contracts ; and by striking the period at the end and inserting ; and ; and by adding at the end the following: publish the name of the institution, along with a summary of the terms and conditions associated with such gift, contract, agreement, affiliation or similar transaction, on a publicly available internet website. . Section 117(f) of such Act ( 22 U.S.C. 1011f(f) ) is amended by adding at the end the following: The Secretary of Education and the Secretary of State may submit a joint recommendation to the President regarding a foreign source gift to, or a contract, agreement, affiliation or similar transaction with, an institution after considering— whether such gift, contract, agreement, affiliation, or similar transaction contains conditions or places restrictions upon the recipient that constrain free speech in a manner inconsistent with United States law; whether such gift, contract, agreement, affiliation, or similar transaction requires the recipient comply with the laws and regulations of a foreign jurisdiction in a manner inconsistent with United States law; whether the institution failed to disclose the gift, contract, agreement, affiliation, or similar transaction in accordance with subsection (a); and any other factors that the President, with the advice of the Secretary of Education and the Secretary of State, determines to be appropriate to upholding academic integrity or national security. The President, after considering an assessment and recommendation received under paragraph (3), may determine that the receipt by an institution from a foreign source of a gift, or the entering into a contract, agreement, affiliation, or similar transaction (not including tuition payments) with a foreign source undermines national security or academic freedom. If the President determines, after considering a recommendation under paragraph (3), that a gift, contract, agreement, affiliation, or similar transaction undermines national security or academic freedom, the President may direct the reduction or suspension of Federal funding until the recipient institution— returns the gift to the foreign source; or cancels the offending contract, agreement, affiliation, or similar transaction. .
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U.S. Code
2 references not yet in our index
- 22 USC 1011f(c)
- 22 USC 1011f(f)
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Sec. 401
Amendments to Higher Education Act of 1965
Cite22 USC 1011f(c)
Cite22 USC 1011f(f)
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