Sec. 3. Policy regarding conflicts of interest from foreign gifts and contracts
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/bill/118/hr/5933/rds/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 covered individuals employed at the institution to disclose in a report to such institution on July 31 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)(other than the name or any other personally identifiable information of a covered individual) that— makes available the information disclosed under paragraph
(1)(other than the name or any other personally identifiable information of a covered individual) beginning on the date that is 30 days after receipt of the report under such paragraph containing such information and until the latest of— the date that is 5 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 is searchable and sortable 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; the narrowest of the department, school, or college of the institution, as applicable, for which the individual making the disclosure works; and the name of the foreign source (other than a foreign source who is a natural person); and an effective plan to identify and manage potential information gathering by foreign sources through espionage targeting covered individuals 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); and for purposes of investigations under section 117D(a)(1) or responses to requests under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), the names of the individuals making disclosures under 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; affiliation, agreement, or similar transaction with a foreign source involving the use or exchange of the name, likeness, time, services, or resources of covered individuals 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 covered individuals 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 covered individual — has the meaning given such term in section 223(d) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 42 U.S.C. 6605 ); and shall be interpreted in accordance with the Guidance for Implementing National Security Presidential Memorandum 33 (NSPM–33) on National Security Strategy for United States Government-supported Research and Development published by the Subcommittee on Research Security and the Joint Committee on the Research Environment in January 2022. .
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Sec. 3
Policy regarding conflicts of interest from foreign gifts and contracts
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