,i #aagth ,,congress #ast ,session ,h4 ,r4 #dbfd ,,in ,,the ,,house ,,of ,,representatives ,june #cj1 #bjba,mrs4 ,harshbarger 7for herself and ,mr4 ,keller7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to amend section #aag of the ,higher ,education ,act of #aife to clarify the enforcement of such section1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,requiring ,education ,providers to ,observe ,requirements or ,trigger ,fines ,act or the ,,report ,fines ,act4 #b4 ,disclosures of foreign gifts 7a7 ,disclosure report ,section #aag7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f7a77 is amended by striking the value of which is #bej1jjj or more1 considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year and inserting the value of which is #ej1jjj or more within a calendar year4 7b7 ,enforcement ,section #aag7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f7f77 is amended to read as follows3 7f7 ,enforcement 7#a7 ,system of ,penalties 7,a7 ,first instance of failure ,whenever it appears that an institution has failed to comply with the requirements of this section for the first time in a #c-year period1 and except in a case in which a civil action is brought against an institution under paragraph 7#c7-- 7i7 the ,secretary shall issue a written warning to such institution that sets forth each failure of compliance1 each corrective action that the institution shall take to be in compliance1 and the requisite time period in which the institution must take such corrective action2 and 7ii7 the institution shall be provided the opportunity to respond to the ,secretary not later than #fj days after the date on which the warning is received by the institution4 7,b7 ,second instance of failure ,in a case in which an institution received a written warning under subparagraph 7,a71 and the institution appears to have failed to comply with the requirements of this section for the second time during the #c-year period beginning on the date on which such warning was received by the institution under subparagraph 7,a71 upon a judicial finding that such institution has failed to comply with the requirements of this section1 including any rule or regulation promulgated under this section1 the ,court shall impose a civil penalty in an amount that does not exceed amount of funds provided by the foreign source to the institution and which is the subject of the institution's failure under this subparagraph4 7,c7 ,third or subsequent instance of failure 7i7 ,judicial finding ,in a case of an institution on which a civil penalty was imposed under subparagraph 7,b71 and such institution appears to have failed to comply with the requirements of this section for a third time1 or any time thereafter1 during the #c-year period beginning on the date on which a warning was received under subparagraph 7,a71 upon a judicial finding that an institution has failed to comply with the requirements of this section1 including any rule or regulation promulgated under this section1 the ,court shall impose a civil penalty in an amount equal to the amount of funds provided by the foreign source to the institution and which is the subject of the institution's failure under this subparagraph4 7ii7 ,ineligibility ,in a case in which the court finds that an institution has failed to comply with the requirements of this section for a third time1 or any time thereafter1 during the #c-year period beginning on the date on which a warning was received under subparagraph 7,a71 including any rule or regulation promulgated under this section1 the institution shall be ineligible for new ,federal research funding during the fiscal year following such a finding4 7#b7 ,accelerated penalties 7,a7 ,in general ,in any instance in which a court determines under subparagraph 7,b7 or 7,c7 of paragraph 7#a7 that an institution received funding1 and the funding was from a foreign adversary1 or any entity associated with a foreign adversary1 such institution shall immediately be assessed a civil penalty under paragraph 7#a77;,c74 7,b7 ,foreign adversary defined ,for purposes of this paragraph1 the term foreign adversary has the meaning given the term in the rule issued by the ,department of ,commerce entitled ,securing the ,information and ,communications ,technology and ,services ,supply ,chain 7#hf ,fed4 ,reg4 #diac 7,january #ai1 #bjba774 ,such foreign adversaries include-- 7i7 the ,people's ,republic of ,china1 including the ,hong ,kong ,special ,administrative ,region 7,china72 7ii7 the ,republic of ,cuba 7,cuba72 7iii7 the ,islamic ,republic of ,iran 7,iran72 7iv7 the ,democratic ,people's ,republic of ,korea 7,north ,korea72 the ,russian ,federation 7,russia72 and 7v7 ,venezuelan politician ,nicolas ,maduro 7,maduro ,regime74 7#c7 ,court ,orders ,whenever it appears that an institution violated this section1 other than in a case in which such institution receives a warning under paragraph 7#a77;,a71 a civil action shall be brought by the ,attorney ,general1 at the request of the ,secretary1 in an appropriate district court of the ,united ,states1 or the appropriate ,united ,states court of any territory or other place subject to the jurisdiction of the ,united ,states1 to request such court compel compliance with the requirements of this section and impose civil penalties1 as appropriate4 7#d7 ,costs ,for any failure to comply with the requirements of this section1 including any rule or regulation promulgated thereunder1 the institution shall pay to the ,treasury of the ,united ,states the full costs to the ,united ,states of obtaining compliance1 including all associated costs of investigation and enforcement4 4 #c4 ,rules 7a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,education shall promulgate rules to clarify the amendments made by section #b4 7b7 ,rulemaking requirements ,the amendments made by section #b shall not-- 7#a7 be subject to the master calendar requirements under section #dhb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhi72 or 7#b7 the public involvement and negotiated rulemaking requirements under section #dib of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;a74