Sec. 164. Disclosures of foreign gifts to United States institutions of higher education
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/bill/116/s/4629/is/section-164A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended to read as follows: An institution shall file a disclosure report with the Secretary not later than the March 31 occurring immediately after— the calendar year in which a foreign source gains ownership of, or control over, the institution; the calendar year in which the institution receives a gift from, or enters into a contract with, a foreign source, the value of which is $200,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year; or the institution receives a gift from, or enters into a contract with, a foreign source, the value of which totals $450,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source over the previous 3 years.
Each report to the Secretary required under subsection
(a)shall contain the following: For gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country and the legal or formal name of the foreign source. The country to which a gift is attributable is the country of citizenship, or if unknown, the principal residence for a foreign source who is a natural person, and the country of incorporation, or if unknown, the principal place of business, for a foreign source which is a legal entity. Notwithstanding subparagraph (A), in the case of an anonymous gift received from a foreign source who is a natural person, the institution shall be required to report only the country of citizenship and not the formal name and principal residence of the foreign source. For gifts received from or contracts entered into with a foreign government, the aggregate amount of such gifts and contracts received from each foreign government. In the case of an institution which 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, and any changes in program or structure resulting from the change in ownership or control. An assurance that the institution will maintain true copies of gift and contract agreements subject to the disclosure requirements under this section for at least the duration of the agreement. An assurance that the institution will produce true copies of gift and contract agreements subject to the disclosure requirements under this section upon request of the Secretary during a compliance audit or other institutional investigation. Notwithstanding the provisions of subsection (b), whenever any institution receives a restricted or conditional gift or contract from a foreign source, the institution shall disclose the following: For such 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 report shall also disclose the country of citizenship, or if unknown, the principal residence for a foreign source which is a natural person, and the country of incorporation, or if unknown, the principal place of business for a foreign source which is a legal entity. For 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. If an institution described under subsection
(a)is within a State which has enacted requirements for public disclosure of gifts from or contracts with a foreign source that includes all information required under this section, a copy of the disclosure report filed with the State may be filed with the Secretary in lieu of a report required under subsection (a). The State in which the 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 State law if the State report is filed. If an institution receives a gift from, or enters into a contract with, a foreign source, where any other department, agency, or bureau of the executive branch requires a report containing all the information required under this section, a copy of the report may be filed with the Secretary in lieu of a report required under subsection (a). Not later than 30 days after receiving a disclosure report under this section, the Secretary shall make such report electronically available to the public for downloading on a searchable database under which institutions can be individually identified and compared. The Secretary shall incorporate a process permitting institutions to revise and update previously filed disclosure reports under this section to ensure accuracy, compliance, and ability to cure. The Secretary may impose a civil fine on an institution that knowingly fails to file a disclosure report in accordance with this section. The following shall not be considered a gift from a foreign source under this section: Any payment of tuition and fees to an institution by, or scholarship from, a foreign source who is a natural person made on behalf of a student for institutional charges related to such student’s cost of attendance that is not made under contract with such foreign source. Any unrestricted gift made by a foreign source who is a natural person and an alumnus of the institution. The Secretary shall consult with the Director of the Office of Science and Technology Policy, the Director of the National Institutes of Health, the Director of the National Science Foundation, the Secretary of Energy, the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the National Institute of Standards and Technology, and the heads of other relevant Federal agencies or entities, regarding the reporting of gifts from and contracts with foreign sources in order to align, to the extent practicable, the methods of reporting prescribed by this section. In this section— the term contract means any agreement for the acquisition by purchase, lease, 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, or human resources; the term institution means any institution, public or private, or, if a multicampus institution, any single campus of such institution, in any State, that— is legally authorized within such State to provide a program of education beyond secondary school; provides a program for which the institution awards a bachelor’s degree (or provides not less than a 2-year program which is acceptable for full credit toward such a degree) or more advanced degrees; and is accredited by a recognized accrediting agency or association and to which institution Federal financial assistance is extended (directly or indirectly through another entity or person), or which institution receives support from the extension of Federal financial assistance to any of the institution’s subunits; and the term restricted or conditional gift or contract means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding— the employment, assignment, or termination of faculty; the establishment of departments, centers, institutes, instructional programs, research or lecture 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. . Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations, developed through the negotiated rulemaking process under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a ), to carry out section 117 of such Act, as amended by this section. Regulations issued pursuant to paragraph (1), shall, at a minimum, address the following issues: Instructions on reporting structured gifts and contracts. The inclusion in institutional reports of gifts received from, and contracts entered into with, foreign sources by entities and organizations, such as research foundations, that operate substantially for the benefit or under the auspices of the institution. The amendments made by this section shall take effect on the earlier of— the day on which the regulations issued under subsection
(b)are issued; or the day that is 1 year and 90 days after the date of enactment of this Act. The provisions of section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ), as in effect on the day before the date of enactment of this Act, shall continue to apply until the amendments made by this section take effect under paragraph (1).
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Sec. 164
Disclosures of foreign gifts to United States institutions of higher education
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