Sec. 3. Policy regarding conflicts of interest from foreign gifts and contracts
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/bill/118/hr/5933/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), as amended by section 2 of this Act, is further amended by inserting after section 117A the following: Beginning not later than 90 days after the date of the enactment of the DETERRENT Act , each institution described in subsection
(b)shall maintain— a policy requiring faculty, professional staff, and other staff engaged in research and development (as determined by the institution and measured by the Higher Education Research and Development Survey of the National Center for Science and Engineering Statistics) employed at the institution to disclose in a report to such institution on July 1 of each calendar year that begins after the year in which such enactment date occurs— any gift received from a foreign source in the previous calendar year, the value of which is greater than the minimal value (as such term is defined in section 7342(a) of title 5, United States Code) or is of undetermined value, and including the date on which the gift was received; any contract entered into with a foreign source in the previous calendar year, the value of which is $5,000 or more, considered alone or in combination with all other contracts with that foreign source within the calendar year, and including the date on which such contract commences and, as applicable, the date on which such contract terminates; any contract with a foreign source in force during the previous calendar year that has an undetermined monetary value, and including the date on which such contract commences and, as applicable, the date on which such contract terminates; and any contract entered into with a foreign country of concern or foreign entity of concern in the previous calendar year, the value of which is $0 or more, and including the beginning and ending dates of such contract and the full text of such contract and any addenda; a publicly available and searchable database (in electronic and downloadable format), on a website of the institution, of the information required to be disclosed under paragraph (1), sortable and searchable by the date received (if a gift) or the date commenced (if a contract), the attributable country with respect to which information is being disclosed, and name of the individual making the disclosure, and until the latest of— the date that is 4 years after the date on which— a gift referred to in paragraph (1)(A) is received; or a contract referred to in subparagraph (B),
(C)or
(D)of paragraph
(1)begins; or the date on which a contract referred to in subparagraph (B),
(C)or
(D)of paragraph
(1)terminates; and a plan effectively to identify and manage potential information gathering by foreign sources through espionage targeting faculty, professional staff, and other staff engaged in research and development (as determined by the institution and measured by the Higher Education Research and Development Survey of the National Center for Science and Engineering Statistics) that may arise from gifts received from, or contracts entered into with, a foreign source, including through the use of— periodic communications; accurate reporting under paragraph
(2)of the information required to be disclosed under paragraph (1); and enforcement of the policy described in paragraph (1). An institution shall be subject to the requirements of this section if such institution— is an eligible institution for the purposes of any program authorized under title IV; and received more than $50,000,000 in Federal funds in any of the previous five calendar years to support (in whole or in part) research and development (as determined by the institution and measured by the Higher Education Research and Development Survey of the National Center for Science and Engineering Statistics); or receives funds under title VI. In this section— the terms foreign source and gift have the meanings given such terms in section 117(g); the term contract — means any— agreement for the acquisition, by purchase, lease, or barter, of property or services by a foreign source for the direct benefit or use of any of the parties to the agreement; affiliation, agreement, or similar transaction with a foreign source based on the use or exchange of the name, likeness, time, services, or resources of faculty, professional staff, or other staff engaged in research and development (as determined by the institution and measured by the Higher Education Research and Development Survey of the National Center for Science and Engineering Statistics) employed at an institution described in subsection (b); or purchase, lease, or barter of property or services from a foreign source that is a foreign country of concern or a foreign entity of concern; and does not include any fair-market, arms-length agreement made by faculty, professional staff, and other staff engaged in research and development (as determined by the institution and measured by the Higher Education Research and Development Survey of the National Center for Science and Engineering Statistics) for the acquisition, by purchase, lease, or barter of property or services from a foreign source other than such a foreign source that is a foreign country of concern or a foreign entity of concern; and the term professional staff means professional employees, as defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). .
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Sec. 3
Policy regarding conflicts of interest from foreign gifts and contracts
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