,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #ich  ,,in ,,the ,,house ,,of   
,,representatives  ,february #d1        
#bjbe,mr4 ,harris of ,north ,carolina   
7for himself and ,mr4 ,owens7 introduced
 the following bill2 which was referred 
to the ,committee on ,education and     
,workforce  ,a ,,bill  ,to amend the    
,higher ,education ,act of #aife to     
restrict contracts with foreign         
countries of concern and foreign        
entities of concern4  #a4 ,short title  
,this ,act may be cited as the ,no      
,contracts with ,foreign ,adversaries   
,act4  #b4 ,prohibition on contracts    
with certain foreign entities and       
countries  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           
,prohibition on contracts with certain  
foreign entities and countries  7a7 ,in 
general ,an institution shall not enter 
into a contract with a foreign country  

of concern or a foreign entity of       
concern4  7b7 ,waivers  7#a7 ,in general
 ,a waiver issued under this section to 
an institution with respect to a        
contract shall only-- 7,a7 waive the    
prohibition under subsection 7a7 for a  
#a-year period2 and  7,b7 apply to the  
terms and conditions of the proposed    
contract submitted as part of the       
request for such waiver4  7#b7          
,submission  7,a7 ,first waiver requests
  7i7 ,in general ,an institution that  
desires to enter into a contract with a 
foreign entity of concern or a foreign  
country of concern may submit to the    
,secretary1 not later than #abj days    
before the institution enters into such 
a contract1 a request to waive the      
prohibition under subsection 7a7 with   
respect to such contract4  7ii7         
,contents of waiver request ,a waiver   
request submitted by an institution     
under clause 7i7 shall include-- 7,i7   
the complete and unredacted text of the 
proposed contract for which the waiver  

is being requested1 and if such original
 contract is not in ,english1 a         
translated copy of the text into        
,english by a person that is not an     
affiliated entity or agent of the       
foreign source involved with such       
contract2 and  7,,ii7 a statement that--
 7aa7 is certified by the compliance    
officer of the institution designated in
 accordance with subsection 7e72 and    
7bb7 includes information that          
demonstrates that such contract-- 7,,aa7
 is for the benefit of the institution's
 mission and students2 and 7,,bb7 will  
promote the security1 stability1 and    
economic vitality of the ,united        
,states4  7,b7 ,renewal waiver requests 
7i7 ,in general ,an institution that1   
pursuant to a waiver issued under this  
section1 has entered into a contract1   
the term of which is longer than the    
#a-year waiver period and the terms and 
conditions of which remain the same as  
the proposed contract submitted as part 
of the request for such waiver may      

submit1 not later than #abj days before 
the expiration of such waiver period1 a 
request for a renewal of such waiver for
 an additional #a-year period 7which    
shall include any information requested 
by the ,secretary74  7ii7 ,termination  
,if the institution fails to submit a   
request under clause 7i7 or is not      
granted a renewal under such clause1    
such institution shall terminate such   
contract on the last day of the original
 #a-year waiver period4  7#c7 ,waiver   
issuance ,the ,secretary-- 7,a7 not     
later than #fj days before an           
institution enters into a contract      
pursuant to a waiver request under      
paragraph 7#b77;,a71 or before a        
contract described in paragraph         
7#b77;,b77i7 is renewed pursuant to a   
renewal request under such paragraph1   
shall notify the institution-- 7i7 if   
the waiver or renewal will be issued by 
the ,secretary2 and  7ii7 in a case in  
which the waiver or renewal will be     
issued1 the date on which the #a-year   

waiver period starts2 and  7,b7 may only
 issue a waiver under this section to an
 institution if the ,secretary          
determines1 in consultation with the    
,director of the ,federal ,bureau of    
,investigation1 the ,director of        
,national ,intelligence1 the ,director  
of the ,central ,intelligence ,agency1  
the ,secretary of ,state1 the ,secretary
 of ,defense1 the ,attorney ,general1   
the ,secretary of ,commerce1 the        
,secretary of ,homeland ,security1 the  
,secretary of ,energy1 the ,director of 
the ,national ,science ,foundation1 and 
the ,director of the ,national          
,institutes of ,health1 that the        
contract for which the waiver is being  
requested-- 7i7 is for the benefit of   
the institution's mission and students2 
and  7ii7 will promote the security1    
stability1 and economic vitality of the 
,united ,states4  7#d7 ,disclosure ,not 
less than #b weeks prior to issuing a   
waiver under paragraph 7#b71 the        
,secretary shall notify the-- 7,a7 the  

,committee on ,education and ,workforce 
of the ,house of ,representatives2 and  
7,b7 the ,committee on ,health1         
,education1 ,labor1 and ,pensions of the
 ,senate1  of the intent to issue the   
waiver1 including a justification for   
the waiver4  7c7 ,designation during    
contract term ,in the case of an        
institution that enters into a contract 
with a foreign source that is not a     
foreign country of concern or a foreign 
entity of concern but which1 during the 
term of such contract1 is designated as 
a foreign country of concern or foreign 
entity of concern1 such institution     
shall terminate such contract not later 
than #fj days after the ,secretary      
notifies the institution of such        
designation4  7d7 ,contracts prior to   
date of enactment  7#a7 ,in general ,in 
the case of an institution that has     
entered into a contract with a foreign  
country of concern or foreign entity of 
concern prior to the date of enactment  
of the ,no ,contracts with ,foreign     

,adversaries ,act-- 7,a7 the institution
 shall as soon as practicable1 but not  
later than #cj days after such date of  
enactment1 submit to the ,secretary a   
waiver request in accordance with clause
 7ii7 of subsection 7b77#b77;,a72 and   
7,b7 the ,secretary shall1 upon receipt 
of the request submitted under such     
clause1 issue a waiver to the           
institution for a period beginning on   
the date on which the waiver is issued  
and ending on the sooner of-- 7i7 the   
date that is #a year after the date of  
enactment of the ,no ,contracts with    
,foreign ,adversaries ,act2 or  7ii7 the
 date on which the contract terminates4 
7#b7 ,renewal ,an institution that has  
entered into a contract described in    
paragraph 7#a71 the term of which is    
longer than the waiver period described 
in subparagraph 7,b7 of such paragraph  
and the terms and conditions of which   
remain the same as the contract         
submitted as part of the request        
required under subparagraph 7,a7 of such

 paragraph1 may submit a request for    
renewal of the waiver issued under such 
paragraph in accordance with subsection 
7b77#b77;,b74  7e7 ,compliance officer  
,any institution that submits a waiver  
under this section shall designate1     
before the submission of such waiver1   
and maintain1 a compliance officer1 who 
shall-- 7#a7 be a current employee or   
legally authorized agent of such        
institution2 and  7#b7 be responsible1  
on behalf of the institution1 for       
personally certifying accurate          
compliance with the waiver requirements 
under this section4  7f7 ,enforcement   
7#a7 ,investigation ,the ,secretary     
7acting through the ,general ,counsel of
 the ,department7 shall conduct         
investigations of possible violations of
 this section by institutions and1      
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       

section71 shall request that the        
,attorney ,general bring a civil action 
in accordance with paragraph 7#b74  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 an investigation
 under such paragraph1 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 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 such requirement1       
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 is compelled to comply with a      
requirement of this section pursuant to 
paragraph 7#b7 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 for the     
first time1 the ,secretary shall impose 
a fine on the institution in an amount  
that is not less than #e percent and not
 more than #aj percent of the total     
amount of ,federal funds received by the
 institution under this ,act for the    
most recent fiscal year4  7,b7          
,subsequent violations ,in the case of  
an institution that has been fined      
pursuant to subparagraph 7,a71 the      

,secretary shall impose a fine on the   
institution for each subsequent time the
 institution knowingly or willfully     
fails to comply with a requirement of   
this section in an amount that is not   
less than #bj percent of the total      
amount of ,federal funds received by the
 institution under this ,act for the    
most recent fiscal year4  7,c7          
,ineligibilty for waiver ,in the case of
 an institution that has been fined     
pursuant to subparagraph 7,a7 with      
respect to a calendar year1 and that    
knowingly or willfully fails to comply  
with a requirement of this section with 
respect to any #b additional calendar   
years1 the ,secretary shall prohibit the
 institution from obtaining a waiver1 or
 a renewal of a waiver1 under this      
section4  7g7 ,definitions ,in this     
section3 7#a7 ,contract ,the term       
contract-- 7,a7 means-- 7i7 any         
agreement for the acquisition by        
purchase1 lease1 or barter of property  
or services by the foreign source2  7ii7

 any affiliation1 agreement1 or similar 
transaction with a foreign source that  
involves the use or exchange of an      
institution's name1 likeness1 time1     
services1 or resources2 and  7iii7 any  
agreement for the acquisition by        
purchase1 lease1 or barter1 of property 
or services from a foreign source 7other
 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 concern72 and  7,b7  
does not include an agreement made      
between an institution and a foreign    
source regarding any payment of one or  
more elements of a student's cost of    
attendance 7as such term is defined in  
section #dgb71 unless such an agreement 
is made for more than #ae students or is
 made under a restricted or conditional 
contract4  7#b7 ,foreign country of     
concern ,the term foreign country of    
concern means the following3 7,a7 ,any  
covered nation defined in section #dhgb 
of title #aj1 ,united ,states ,code4    

7,b7 ,any country the ,secretary1 in    
consultation with the ,secretary of     
,defense1 the ,secretary of ,state1 and 
the ,director of ,national              
,intelligence1 determines1 for purposes 
of section #aag or this section1 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           
,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  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 each such section for   
not less than #b institutional fiscal   
years after the institutional fiscal    
year in which such institution became   
ineligible4  4