,i  #aahth ,,congress  #ast ,session    
,h4 ,r4 #eijb  ,,in ,,the ,,house ,,of  
,,representatives  ,october #f1         
#bjbc,mr4 ,james 7for himself and ,ms4  
,foxx7 introduced the following bill    
,october #be1 #bjbc,referred to the     
,committee on ,education and the        
,workforce  ,a ,,bill  ,to amend the    
,higher ,education ,act of #aife to     
require staff and faculty to report     
foreign gifts and contracts4  #a4 ,short
 title ,this ,act may be cited as the   
,disclose ,getting ,involved in ,foreign
 ,transactions ,act or the ,disclose    
,,gift ,act4  #b4 ,policy regarding     
conflicts of interest from foreign gifts
 and contracts  7a7 ,in general ,part ,b
 of title ,i of the ,higher ,education  
,act of #aife 7#bj ,u4,s4,c4 #ajaa et   
seq47 is amended by inserting after     
section #aag the following3  #aag;,a4   
,institutional policy regarding foreign 
gifts and contracts to faculty and staff
  7a7 ,requirement ,to maintain policy  
and database ,beginning not later than  

#ij days after the date of the enactment
 of the ,disclose ,,gift ,act1 each     
institution described in subsection 7b7 
shall maintain-- 7#a7 a policy requiring
 faculty1 professional staff1 and other 
staff engaged in research and           
development 7as determined by the       
institution and measured by the ,higher 
,education ,research and ,development   
,survey of the ,national ,center for    
,science and ,engineering ,statistics7  
employed at the institution to disclose 
in a report to such institution on ,july
 #a of each calendar year that begins   
after the year in which such enactment  
date occurs-- 7,a7 any gift received    
from a foreign source in the previous   
calendar year1 the value of which is    
greater than the minimal value 7as such 
term is defined in section #gcdb7;a7 of 
title #e1 ,united ,states ,code7 or is  
of undetermined value1 and including the
 date on which the gift was received2   
7,b7 any contract entered into with a   
foreign source in the previous calendar 

year1 the value of which is #e1jjj or   
more1 considered alone or in combination
 with all other contracts with that     
foreign source within the calendar year1
 and including the date on which such   
contract commences and1 as applicable1  
the date on which such contract         
terminates2  7,c7 any contract with a   
foreign source in force during the      
previous calendar year that has an      
undetermined monetary value1 and        
including the date on which such        
contract commences and1 as applicable1  
the date on which such contract         
terminates2 and  7,d7 any contract      
entered into with a foreign country of  
concern or foreign entity of concern in 
the previous calendar year1 the value of
 which is #j or more1 and including the 
beginning and ending dates of such      
contract and the full text of such      
contract and any addenda2  7#b7 a       
publicly available and searchable       
database 7in electronic and downloadable
 format71 on a website of the           

institution1 of the information required
 to be disclosed under paragraph 7#a71  
sortable and searchable by the date     
received 7if a gift7 or the date        
commenced 7if a contract71 the          
attributable country with respect to    
which information is being disclosed1   
and name of the individual making the   
disclosure1 and until the latest of--   
7,a7 the date that is #d years after the
 date on which-- 7i7 a gift referred to 
in paragraph 7#a77;,a7 is received2 or  
7ii7 a contract referred to in          
subparagraph 7,b71 7,c7 or 7,d7 of      
paragraph 7#a7 begins2 or  7,b7 the date
 on which a contract referred to in     
subparagraph 7,b71 7,c7 or 7,d7 of      
paragraph 7#a7 terminates2 and  7#c7 a  
plan effectively to identify and manage 
potential information gathering by      
foreign sources through espionage       
targeting faculty1 professional staff1  
and other staff engaged in research and 
development 7as determined by the       
institution and measured by the ,higher 

,education ,research and ,development   
,survey of the ,national ,center for    
,science and ,engineering ,statistics7  
that may arise from gifts received from1
 or contracts entered into with1 a      
foreign source1 including through the   
use of-- 7,a7 periodic communications2  
7,b7 accurate reporting under paragraph 
7#b7 of the information required to be  
disclosed under paragraph 7#a72 and     
7,c7 enforcement of the policy described
 in paragraph 7#a74  7b7 ,institutions  
,an institution shall be subject to the 
requirements of this section if such    
institution-- 7#a7 is an eligible       
institution for the purposes of any     
program authorized under title ,,iv2 and
  7#b7 7,a7 received more than          
#ej1jjj1jjj in ,federal funds in any of 
the previous five calendar years to     
support 7in whole or in part7 research  
and development 7as determined by the   
institution and measured by the ,higher 
,education ,research and ,development   
,survey of the ,national ,center for    

,science and ,engineering ,statistics72 
or  7,b7 receives funds under title     
,,vi4  7c7 ,enforcement  7#a7           
,investigation ,the ,secretary 7acting  
through the ,general ,counsel of the    
,department7 may conduct investigations 
of possible violations of this section  
by institutions4  7#b7 ,civil action    
,whenever it appears that an institution
 has knowingly or willfully failed to   
comply with a requirement of this       
section 7including any rule or          
regulation promulgated under this       
section7 based on such an investigation1
 a civil action may 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 to compel
 compliance with the requirement of this
 section that has been violated4  7#c7  
,costs and other fines ,an institution  

that is compelled to comply with a      
requirement of this section pursuant to 
paragraph 7#b7 shall-- 7,a7 pay to the  
,treasury of the ,united ,states the    
full costs to the ,united ,states of    
obtaining compliance with the           
requirement of this section1 including  
all associated costs of investigation   
and enforcement2 and  7,b7 be subject to
 the applicable fines described in      
paragraph 7#d74  7#d7 ,fines for        
violations ,the ,secretary shall impose 
a fine on an institution that knowingly 
or willfully fails to comply with a     
requirement of this section as follows3 
7,a7 ,first-time violations ,in the case
 of an institution that knowingly or    
willfully fails to comply with a        
requirement of this section with respect
 to a calendar year1 and that has not   
previously knowingly or willfully failed
 to comply with such a requirement1 the 
,secretary shall impose a fine on the   
institution of not less than #bej1jjj1  
but not more than the total amount of   

gifts or contracts reported by such     
institution in the database required    
under subsection 7a77#b74  7,b7         
,subsequent violations ,in the case of  
an institution that has been fined      
pursuant to clause 7i7 with respect to a
 calendar year1 and that knowingly or   
willfully fails to comply with a        
requirement of this section with respect
 to any additional calendar year1 the   
,secretary shall impose a fine on the   
institution with respect to any such    
additional calendar year in an amount   
that is not less than #ejj1jjj1 but not 
more than twice the total amount of     
gifts or contracts reported by such     
institution in the database required    
under subsection 7a77#b74  7d7          
,definitions ,in this section3 7#a7     
,contract the term contract-- 7,a7 means
 any-- 7i7 agreement for the            
acquisition1 by purchase1 lease1 or     
barter1 of property or services by a    
foreign source for the direct benefit or
 use of any of the parties to the       

agreement2  7ii7 affiliation1 agreement1
 or similar transaction with a foreign  
source based on the use or exchange of  
the name1 likeness1 time1 services1 or  
resources of faculty1 professional      
staff1 or other staff engaged in        
research and development 7as determined 
by the institution and measured by the  
,higher ,education ,research and        
,development ,survey of the ,national   
,center for ,science and ,engineering   
,statistics7 employed at an institution 
described in subsection 7b72 or  7iii7  
purchase1 lease1 or barter of property  
or services from a foreign source that  
is a foreign country of concern or a    
foreign entity of concern2 and  7,b7    
does not include any fair-market1       
arms-length agreement made by faculty1  
professional staff1 and other staff     
engaged in research and development 7as 
determined by the institution and       
measured by the ,higher ,education      
,research and ,development ,survey of   
the ,national ,center for ,science and  

,engineering ,statistics7 for the       
acquisition1 by purchase1 lease1 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 concern2 
and  7#b7 ,foreign country of concern   
,the term foreign country of concern    
includes the following3 7,a7 ,a country 
that is a covered nation 7as defined in 
section #dhgb7;d7 of title #aj1 ,united 
,states ,code74  7,b7 ,any country that 
the ,secretary1 in consultation with the
 ,secretary of ,defense1 the ,secretary 
of ,state1 and the ,director of         
,national ,intelligence1 determines to  
be engaged in conduct that is           
detrimental to the national security or 
foreign policy of the ,united ,states4  
7#c7 ,foreign entity of concern ,the    
term foreign entity of concern has the  
meaning given such term in section      
#ajfab7;a7 of the ,research and         
,development1 ,competition1 and         
,innovation ,act 7#db ,u4,s4,c4         

#aibba7;a77 and includes a foreign      
entity that is identified on the list   
published under section                 
#abhf7;c77#h77;,a7 of the ,john ,s4     
,mc,cain ,national ,defense             
,authorization ,act for ,fiscal ,year   
#bjai 7#aj ,u4,s4,c4 #bb #djja note2    
,public ,law #aae-bcb74  7#d7 ,foreign  
source ,the term foreign source means-- 
7,a7 a foreign government1 including an 
agency of a foreign government2  7,b7 a 
legal entity1 governmental or otherwise1
 created under the laws of a foreign    
state or states2  7,c7 a natural person 
who is not a citizen or a national of   
the ,united ,states or a trust territory
 or protectorate thereof2 and  7,d7 an  
agent1 including-- 7i7 a subsidiary or  
affiliate of a foreign legal entity1    
acting on behalf of a foreign source2   
and  7ii7 an entity or organization that
 operates primarily for the benefit of1 
or under the auspices of1 a foreign     
legal entity1 including a foundation or 
a related entity 7such as any           

educational1 cultural1 or language      
entity74  7#e7 ,gift ,the term gift--   
7,a7 means any gift of money1 property1 
resources1 staff1 or services2 and  7,b7
 does not include-- 7i7 any payment of  
one or more elements of a student's cost
 of attendance 7as such term is defined 
in section #dgb7 to an institution by1  
or scholarship from1 a foreign source   
who is a natural person1 acting in their
 individual capacity and not as an agent
 for1 at the request or direction of1 or
 on behalf of1 any person or entity     
7except the student71 made for not more 
than #ae students1 and that is not made 
under a restricted or conditional       
contract with such foreign source2 or   
7ii7 assignment or license of registered
 industrial and intellectual property   
rights1 such as patents1 utility models1
 trademarks1 or copyrights1 or technical
 assistance1 that are not identified as 
being associated with a national        
security risk or concern by the ,federal
 ,research ,security ,council as        

described under section #gijb of title  
#ca1 ,united ,states ,code2 or  7iii7   
decorations 7as such term is defined in 
section #gcdb7;a7 of title #e1 ,united  
,states ,code74  7#f7 ,institution ,the 
term institution means an institution of
 higher education 7as such term is      
defined in section #ajb1 other than an  
institution described in subsection     
7a77#a77;c7 of such section74  7#g7     
,professional staff the term            
professional staff means professional   
employees1 as defined in section #c of  
the ,fair ,labor ,standards ,act of     
#aich 7#bi ,u4,s4,c4 #bjc74  4  7b7     
,program participation agreement        
,section #dhg7;a7 of the ,higher        
,education ,act of #aife 7#bj ,u4,s4,c4 
#ajid7 is amended by adding at the end  
the following3  7#cj7 7,a7 ,an          
institution will comply with the        
requirements of section #aag;,a4  7,b7  
,an institution that1 for #c consecutive
 institutional fiscal years1 violates   
any requirement of section #aag;,a      

shall-- 7i7 be ineligible to participate
 in the programs authorized by this     
title for a period of not less than #b  
institutional fiscal years2 and  7ii7 in
 order to regain eligibility to         
participate in such programs1           
demonstrate compliance with all         
requirements of such section for not    
less than #b institutional fiscal years 
after the institutional fiscal year in  
which such institution became           
ineligible4  4