Sec. 2. Policy regarding conflicts of interest from foreign gifts and contracts
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/bill/119/hr/1999/ih/section-2·A 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. ) is amended by inserting after section 117 the following: Beginning not later than 90 days after the date of enactment of the Disclose GIFT 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 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 undetermined 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 undetermined 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 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)first takes effect; or the date on which a contract referred to in subparagraph (B),
(C)or
(D)of paragraph
(1)terminates; 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; by the narrowest of the department, school, or college of the institution, as applicable, for which the individual making the disclosure works; and by 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 117B(a)(1) or responses to requests under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), a record of 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 term attributable country means— the country of citizenship of a foreign source who is a natural person, or, if such country is unknown, the principal residence (as applicable) of such foreign source; or the country of incorporation of a foreign source that is a legal entity, or, if such country is unknown, the principal place of business (as applicable) of such foreign source. the term contract means— any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source; any affiliation, agreement, or similar transaction with a foreign source that involves the use or exchange of an institution’s name, likeness, time, services, or resources; and any agreement for the acquisition by purchase, lease, or barter, of property or services from a foreign source (other than an arms-length agreement for such acquisition from a foreign source that is not 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 (or any successor guidance). the term foreign source means— a foreign government, including an agency of a foreign government; a legal entity, governmental or otherwise, created under the laws of a foreign state or states; a legal entity, governmental or otherwise, substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a foreign source; a natural person who is not a citizen or a national of the United States or a trust territory or protectorate thereof; an agent of a foreign source, including— a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source; a person that operates primarily for the benefit of, or under the auspices of, a foreign source, including a foundation or a related entity (such as any educational, cultural, or language entity); and a person who is an agent of a foreign principal (as such term is defined in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ); and an international organization (as such term is defined in the International Organizations Immunities Act ( 22 U.S.C. 288 )). the term gift — means any gift of money, property, resources, staff, or services; and does not include— any payment of one or more elements of a student’s cost of attendance (as such term is defined in section 472) to an institution by, or scholarship from, a foreign source who is a natural person, acting in their individual capacity and not as an agent for, at the request or direction of, or on behalf of, any person or entity (except the student), made for not more than 15 students, and that is not made under a restricted or conditional contract with such foreign source; assignment or license of registered industrial and intellectual property rights, such as patents, utility models, trademarks, or copyrights, or technical assistance, that are 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); or decorations (as such term is defined in section 7342(a) of title 5, United States Code). .
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Sec. 2
Policy regarding conflicts of interest from foreign gifts and contracts
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