Sec. 3. Policy regarding conflicts of interest from foreign gifts and contracts
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/bill/119/hr/1048/eh/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 the preceding section, is further amended by inserting after section 117A the following: Beginning not later than 90 days after the date of enactment of the DETERRENT Act , each institution described in subsection
(b)shall maintain— a policy requiring covered individuals at the institution and covered individuals at affiliated entities of the institution to disclose in a report to such institution by 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 indeterminate value, and including the date on which the gift was received; any contract with a foreign source (other than a foreign country of concern or foreign entity of concern) entered into or in effect during 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 is entered into, the date on which the contract first takes effect, and, as applicable, the date on which such contract terminates; any contract with a foreign source (other than a foreign country of concern or foreign entity of concern) entered into or in effect during the previous calendar year that has an indeterminate monetary value, and including the date on which such contract is entered into, the date on which the contract first takes effect, and, as applicable, the date on which such contract terminates; and any contract entered into or in effect with a foreign country of concern or foreign entity of concern during the previous calendar year, the value of which is $0 or more or which has an indeterminate monetary value, and including— the date on which such contract is entered into; the date on which the contract first takes effect; if the contract has a termination date, such termination date; 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 information prohibited from public disclosure pursuant to subsection (c)) that— makes available the information disclosed under paragraph
(1)(other than the information prohibited from public disclosure pursuant to subsection (c)) 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)first takes effect; the date on which a contract referred to in subparagraph (B),
(C)or
(D)of paragraph
(1)terminates; or the last day of any period that applicable State law requires a copy of such contract to be maintained; and is searchable and sortable— if the subject of the disclosure is a gift, by the date on which the gift is received; if the subject of the disclosure is a contract— by the date on which such contract is entered into; and by the date on which such contract first takes effect; by the attributable country with respect to which information is being disclosed; if the covered individual at an institution is making the disclosure, by the most specific division of the institution (such as the department, school, or college) that the covered individual is at; and if the covered individual at the affiliated entity of the institution is making the disclosure, by the name of such affiliated entity; by the name of the foreign source; 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), a record of the name of each individual who makes a disclosure under paragraph
(1)and each report disclosed under such paragraph. An institution shall be subject to the requirements of this section if such institution— 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. Except as provided in paragraph (2), a disclosure made pursuant to this section is not subject to Federal privacy law. Except as provided in subparagraph (B), with respect to a disclosure made pursuant to this section, the following may not be publicly disclosed: The name or address (other than the attributable country) of a foreign source that is a natural person. The name or any other personally identifiable information of a covered individual making such disclosure. Subparagraph
(A)shall not apply to a disclosure made pursuant to this section that contains information with respect to a contract entered into with a foreign country of concern or foreign entity of concern. In this section— the terms affiliated entity , attributable country , foreign source , and gift have the meanings given such terms in section 117(f); the term contract — means— any agreement for the acquisition by purchase, lease, or barter of property (including intellectual property) or services by the foreign source; except as provided in subparagraph (B), any agreement for the acquisition by purchase, lease, or barter of property (including intellectual property) or services from a foreign source; and any affiliation, agreement, or similar transaction with a foreign source that involves the use or exchange of a covered individual’s name, likeness, time, services, or resources; and does not include— an arms-length agreement for the acquisition by purchase, lease, or barter of property (including intellectual property) or services from a foreign source that is not a foreign country of concern or a foreign entity of concern; and any assignment or license of a granted intellectual property right (including a patent, trademark, or copyright) that is not associated with a category listed in the Commerce Control List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations (or successor regulations); 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 (or any successor guidance). .
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Sec. 3
Policy regarding conflicts of interest from foreign gifts and contracts
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