,,ii  #aaith ,,congress  #ast ,session  
,s4 #abif  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #c1     
#bjbe,mr4 ,tillis 7for himself1 ,mr4    
,cassidy1 ,mrs4 ,blackburn1 ,mrs4       
,capito1 ,mr4 ,cornyn1 ,ms4 ,ernst1 ,mr4
 ,grassley1 ,mr4 ,scott of ,florida1    
,mr4 ,ricketts1 ,mr4 ,schmitt1 ,ms4     
,lummis1 and ,mr4 ,risch7 introduced the
 following bill2 which was read twice   
and referred to the ,committee on       
,health1 ,education1 ,labor1 and        
,pensions  ,a ,,bill  ,to amend the     
,higher ,education ,act of #aife to     
strengthen disclosure requirements      
relating to foreign gifts and contracts1
 to prohibit contracts between          
institutions of higher education and    
certain foreign entities and countries  
of concern1 and for other purposes4  #a4
 ,short title ,this ,act may be cited as
 the ,defending ,education ,transparency
 and ,ending ,rogue ,regimes ,engaging  
in ,nefarious ,transactions ,act or the 
,,deterrent ,act4  #b4 ,disclosures of  

foreign gifts  7a7 ,in general ,section 
#aag of the ,higher ,education ,act of  
#aife 7#bj ,u4,s4,c4 #ajaa;f7 is amended
 to read as follows3  #aag4 ,disclosures
 of foreign gifts  7a7 ,disclosure      
reports  7#a7 ,aggregate gifts and      
contract disclosures ,an institution    
shall file with the ,secretary1 in      
accordance with subsection 7b77#a71 a   
disclosure report on ,july #ca of the   
calendar year immediately following any 
calendar year in which-- 7,a7 the       
institution receives a gift from1 or    
enters into a contract with1 a foreign  
source 7other than a foreign country of 
concern or foreign entity of concern7-- 
7i7 the value of which is #ej1jjj or    
more1 considered alone or in combination
 with all other gifts from1 or contracts
 with1 that foreign source within the   
calendar year2 or  7ii7 the value of    
which is indeterminate2 or  7,b7 the    
institution-- 7i7 receives a gift from a
 foreign country of concern or foreign  
entity of concern1 without regard to the

 value of such gift2 or  7ii7 upon      
receiving a waiver under section #aag;,a
 to enter into a contract with such a   
country or entity1 enters into such     
contract1 without regard to the value of
 such contract4  7#b7 ,foreign source   
ownership or control disclosures        
,notwithstanding paragraph 7#a71 in the 
case of an institution that is          
substantially controlled 7as described  
in section #ffh4agd7;c77#c7 of title    
#cd1 ,code of ,federal ,regulations7 7or
 successor regulations7 by a foreign    
source1 the institution shall file with 
the ,secretary1 in accordance with      
subsection 7b77#b71 a disclosure report 
on ,july #ca of each year4  7#c7        
,treatment of affiliated entities ,for  
purposes of this section1 any gift to1  
or contract with1 an affiliated entity  
of an institution shall be considered a 
gift to1 or contract with1 respectively1
 such institution4  7b7 ,contents of    
report  7#a7 ,gifts and contracts ,each 
report to the ,secretary required under 

subsection 7a77#a7 shall include the    
following3 7,a7 ,with respect to a gift 
received from1 or a contract entered    
into with1 any foreign source-- 7i7 the 
name of the individual1 department1 or  
other entity at the institution         
receiving the gift or carrying out the  
contract on behalf of the institution2  
7ii7 any intended purpose of the gift or
 contract communicated to the           
institution by the foreign source1 and1 
as of the date of filing such report1   
the manner in which the institution     
intends to use such gift or contract2   
7iii7 in the case of a restricted or    
conditional gift or contract1 a         
description of each restriction or      
condition that meets the definition of  
the term restricted or conditional gift 
or contract in subsection 7f72  7iv7    
with respect to such a gift-- 7,i7 the  
total fair market dollar amount or      
dollar value of the gift1 as of the date
 of submission of such report2 and      
7,,ii7 the date on which the institution

 received such gift2  7v7 with respect  
to such a contract-- 7,i7 the total fair
 market dollar amount or dollar value of
 the contract1 as of the date of        
submission of such report2  7,,ii7 the  
date on which the institution enters    
into such contract2  7,,iii7 the date on
 which such contract first takes effect2
  7,,iv7 if the contract has a          
termination date1 such termination date2
 and  7,v7 an assurance that the        
institution will-- 7aa7 maintain an     
unredacted copy of the contract until   
the latest of-- 7,,aa7 the date that is 
#e years after the date on which such   
contract first takes effect2 7,,bb7 the 
date on which the contract terminates2  
or 7,,cc7 the last day of any period    
that applicable ,state law requires a   
copy of such contract to be maintained2 
and  7bb7 upon request of the ,secretary
 during an investigation under section  
#aag;,c7a77#a71 produce such an         
unredacted copy of the contract4  7,b7  
,with respect to a gift received from1  

or a contract entered into with1 a      
foreign source that is a foreign        
government 7other than the government of
 a foreign country of concern7-- 7i7 the
 name of such foreign government2  7ii7 
the department1 agency1 office1 or      
division of such foreign government that
 approved such gift or contract1 as     
applicable2 and  7iii7 the physical     
mailing address of such department1     
agency1 office1 or division4  7,c7 ,with
 respect to a gift received from1 or    
contract entered into with1 a foreign   
source other than a foreign government  
subject to the requirements of          
subparagraph 7,b7-- 7i7 7,i7 the legal  
name of the foreign source2 or  7,,ii7  
in the case of a gift received from a   
foreign source that awarded such gift to
 the institution as an agent described  
in subsection 7f77#d77;,g7 on behalf of 
another foreign source-- 7aa7 the legal 
name of the foreign source that awarded 
such gift2 and  7bb7 the legal name of  
the foreign source on whose behalf the  

gift was awarded1 or a statement        
certified by a compliance officer in    
accordance with section #aag;,c7c7 that 
the institution has reasonably attempted
 to obtain such name2  7ii7 in the case 
of a foreign source that is a natural   
person1 each country of citizenship of  
such person1 or1 if no such country is  
known1 the principal country of         
residence of such person2  7iii7 in the 
case of a foreign source that is a legal
 entity1 the country in which such      
entity is incorporated1 or1 if such     
information is not available1 the       
principal place of business of such     
entity2  7iv7 the physical mailing      
address of such foreign source1 or1 if  
such address is not available1 a        
statement certified by a compliance     
officer in accordance with section      
#aag;,c7c7 that the institution has     
reasonably attempted to obtain such     
address2 and  7v7 any affiliation of the
 foreign source to an organization that 
is designated as a foreign terrorist    

organization pursuant to section #bai of
 the ,immigration and ,nationality ,act 
7#h ,u4,s4,c4 #aahi74  7,d7 ,with       
respect to a contract entered into with 
a foreign source that is a foreign      
country of concern or a foreign entity  
of concern-- 7i7 a complete and         
unredacted copy of the original         
contract1 and if such original contract 
is not in ,english1 a translated copy in
 accordance with subsection 7c72  7ii7 a
 copy of the waiver received under      
section #aag;,a for such contract2 and  
7iii7 the statement submitted by the    
institution for purposes of receiving   
such a waiver under section             
#aag;,a7b77#b74  7,e7 ,with respect to a
 gift received from a foreign source    
that is a foreign country of concern or 
a foreign entity of concern1 an         
assurance that the institution will--   
7i7 in a case in which the institution  
received documentation relating to such 
gift1 maintain such documentation until 
the later of-- 7,i7 the date that is #e 

years after the date such gift was      
received by the institution2 or  7,,ii7 
the last day of any period that         
applicable ,state law requires a copy of
 such documentation to be maintained2   
and  7ii7 upon request of the ,secretary
 during an investigation under section  
#aag;,c7a77#a71 produce such            
documentation4  7#b7 ,foreign source    
ownership or control ,each report to the
 ,secretary required under subsection   
7a77#b7 shall contain-- 7,a7 the        
information required under paragraph    
7#a72  7,b7 the legal name and the      
mailing address of the foreign source   
that substantially controls the         
institution as described in such        
subsection2  7,c7 the date on which the 
foreign source assumed such substantial 
control2 and  7,d7 any changes in       
program or structure of the institution 
of higher education resulting from such 
substantial control4  7c7 ,translation  
requirements ,any information required  
to be disclosed under this section1 or  

requested by the ,secretary pursuant to 
an investigation under section          
#aag;,c7a77#a71 with respect to a gift  
or contract that is not in ,english     
shall be translated into ,english1 for  
purposes of such disclosure or such     
investigation1 by a person that is not--
 7#a7 a foreign source that awarded such
 gift or entered into such contract2 or 
7#b7 any other foreign source from an   
attributable country of a foreign source
 referred to in paragraph 7#a74  7d7    
,public inspection  7#a7 ,database      
requirement ,beginning not later than   
,may #ca of the calendar year following 
the date of enactment of the ,,deterrent
 ,act1 the ,secretary shall-- 7,a7      
establish and maintain a searchable     
database on a website of the            
,department1 under which all reports    
submitted under this section 7including1
 to the extent practicable1 any report  
submitted under this section before the 
date of enactment of the ,,deterrent    
,act7-- 7i7 are made publicly available 

7in electronic and downloadable format71
 including any information provided in  
such reports 7other than the information
 prohibited from being publicly         
disclosed pursuant to paragraph 7#b772  
7ii7 can be individually identified and 
compared2 and  7iii7 to the extent      
practicable1 are searchable and         
sortable-- 7,i7 by the institution that 
filed such report2  7,,ii7 by the date  
on which the institution filed such     
report2  7,,iii7 by the date on which   
the institution received the gift which 
is the subject of the report2  7,,iv7 by
 the date on which the institution      
enters into the contract which is the   
subject of the report2  7,v7 by the date
 on which such contract first takes     
effect2  7,,vi7 by the attributable     
country of such gift or contract2       
7,,vii7 by the name of the foreign      
source2  7,,viii7 by the information    
described in subparagraph 7,c77i72 and  
7,,ix7 by the information described in  
subparagraph 7,c77ii72  7,b7 not later  

than #cj days after receipt of a        
disclosure report under this section1   
include such report in such database2   
7,c7 indicate1 as part of the public    
record of a report included in such     
database1 whether the report is with    
respect to a gift received from1 or a   
contract entered into with-- 7i7 a      
foreign source that is a foreign        
government2 or  7ii7 a foreign source   
that is not a foreign government2 and   
7,d7 with respect to a disclosure report
 that does not include the name or      
address of a foreign source1 indicate1  
as part of the public record of such    
report included in such database1 that  
such report did not include such        
information4  7#b7 ,application of      
,federal privacy law2 protections for   
natural persons  7,a7 ,application of   
,federal privacy law ,except as provided
 in subparagraph 7,b71 a disclosure     
report filed pursuant to this section is
 not subject to ,federal privacy law    
7including any exemption from disclosure

 described in section #eeb7;b7 of title 
#e1 ,united ,states ,code74  7,b7       
,protections for natural persons  7i7   
,in general ,except as provided in      
clause 7ii71 with respect to a          
disclosure report filed under this      
section1 the name or address 7other than
 the attributable country7 of a foreign 
source that is a natural person-- 7,i7  
may not be publicly disclosed2 and      
7,,ii7 is exempt from disclosure under  
subsection 7b77#c7 of section #eeb of   
title #e1 ,united ,states ,code         
7commonly referred to as the ,freedom of
 ,information ,act74  7ii7 ,exceptions  
for contracts with a foreign country of 
concern or foreign entity of concern    
,clause 7i7 shall not apply to a        
disclosure report filed pursuant to this
 section that contains information with 
respect to a contract described in      
subsection 7a77#a77;,b77ii7 entered into
 with a foreign country of concern or   
foreign entity of concern4  7e7         
,interagency information sharing        

,notwithstanding any other provision of 
law1 not later than #cj days after      
receiving a disclosure report from an   
institution in compliance with this     
section1 the ,secretary shall transmit  
an unredacted copy of such report       
7including the name and address of a    
foreign source disclosed in such report7
 to 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 ,health4  7f7            
,definitions ,in this section3 7#a7     
,affiliated entity ,the term affiliated 
entity1 when used with respect to an    
institution1 means an entity or         
organization that operates primarily for

 the benefit of1 or under the auspices  
of1 such institution1 such as a         
foundation of the institution1 or an    
educational1 cultural1 or language      
entity4  7#b7 ,attributable country ,the
 term attributable country means-- 7,a7 
the country of citizenship of a foreign 
source who is a natural person1 or1 if  
such country is unknown1 the principal  
residence of such foreign source2 or    
7,b7 the country of incorporation of a  
foreign source that is a legal entity1  
or1 if such country is unknown1 the     
principal place of business 7as         
applicable7 of such foreign source4     
7#c7 ,contract ,the term contract-- 7,a7
 means-- 7i7 any agreement for the      
acquisition by purchase1 lease1 or      
barter of property 7including           
intellectual property7 or services by   
the foreign source2  7ii7 except as     
provided in subparagraph 7,b77ii71 any  
agreement for the acquisition by        
purchase1 lease1 or barter of property  
7including intellectual property7 or    

services from a foreign source2 and     
7iii7 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  7,b7 
does not include-- 7i7 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 
contract2  7ii7 an arms-length agreement
 for the acquisition by purchase1 lease1
 or barter of property 7including       
intellectual property7 or services from 
a foreign source that is not a foreign  
country of concern or a foreign entity  
of concern2 or  7iii7 any assignment or 
license of a granted intellectual       
property right 7including a patent1     
trademark1 or copyright7 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 ,no4 #a to part    
#ggd of title #ae1 ,code of ,federal    
,regulations 7or successor regulations74
  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 legal entity1  
governmental or otherwise1 substantially
 controlled 7as described in section    
#ffh4agd7;c77#c7 of title #cd1 ,code of 
,federal ,regulations7 7or successor    
regulations7 by a foreign source2  7,d7 
a natural person who is not a citizen or
 a national of the ,united ,states or a 
trust territory or protectorate thereof2
  7,e7 an international organization 7as
 such term is defined in the            
,international ,organizations           
,immunities ,act 7#bb ,u4,s4,c4 #bhh772 

7,f7 a person who is an agent of a      
foreign principal 7as such term is      
defined in section #a of the ,foreign   
,agents ,registration ,act of #aich 7#bb
 ,u4,s4,c4 #faa772 or  7,g7 an agent of 
any of the entities described in        
subparagraphs 7,a7 through 7,f71        
including-- 7i7 a subsidiary or         
affiliate of a foreign legal entity1    
acting on behalf of such an entity2 and 
7ii7 a person that operates primarily   
for the benefit of1 or under the        
auspices of1 such an entity1 such as a  
foundation of such entity1 or an        
educational1 cultural1 or language      
entity4  7#e7 ,gift ,the term gift--    
7,a7 means any gift of money1 property  
7including intellectual property71      
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  7ii7
 any assignment or license of a granted 
intellectual property right 7including a
 patent1 trademark1 or copyright7 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  
,no4 #a to part #ggd of title #ae1 ,code
 of ,federal ,regulations 7or successor 
regulations72 or  7iii7 decorations 7as 
such term is defined in section         
#gcdb7;a7 of title #e1 ,united ,states  
,code74  7#f7 ,restricted or conditional
 gift or contract ,the term restricted  
or conditional gift or contract means   
any endowment1 gift1 grant1 contract1   
award1 present1 or property 7including  

intellectual property7 of any kind which
 includes provisions regarding-- 7,a7   
the employment1 assignment1 or          
termination of faculty2  7,b7 the       
establishment of1 or the provision of   
funding for1 departments1 centers1      
institutes1 instructional programs1     
research or lecture programs1 or new    
faculty positions2  7,c7 the selection1 
admission1 or education of students2 or 
7,d7 the award of grants1 loans1        
scholarships1 fellowships1 or other     
forms of financial aid restricted to    
students of a specified country1        
religion1 sex1 ethnic origin1 or        
political opinion4  4  7b7 ,prohibition 
on contracts with certain foreign       
entities and countries ,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 7in a manner  
that complies with section #aag7;c772   
and  7,,ii7 a statement that-- 7aa7 is  
certified by a compliance officer of the
 institution designated in accordance   
with section #aag;,c7c72 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 each   
individual listed in section #aag7;e71  
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 authorizing committees 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 ,,deterrent ,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     
,,deterrent ,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 ,contract defined    
,the term contract has the meaning given
 such term in section #aag7;f74  4  7c7 
,interagency information sharing        
,notwithstanding any other provision of 
law1 not later than #ij days after the  
date of enactment of this ,act1 the     
,secretary of ,education shall transmit 
to each individual listed in section    
#aag7;e7 of the ,higher ,education ,act 
of #aife1 as amended by this ,act-- 7#a7
 an unredacted copy of each report      
7including the name and address of a    
foreign source disclosed in such report7

 received by the ,department of         
,education under section #aag of the    
,higher ,education ,act of #aife 7#bj   
,u4,s4,c4 #ajaa;f7 prior to the date of 
enactment of this ,act2 and  7#b7 any   
report1 document1 or other record       
generated by the ,department of         
,education in the course of an          
investigation-- 7,a7 of an institution  
with respect to the compliance of such  
institution with such section2 and  7,b7
 initiated prior to the date of         
enactment of this ,act4  #c4 ,policy    
regarding conflicts of interest from    
foreign gifts and contracts ,the ,higher
 ,education ,act of #aife 7#bj ,u4,s4,c4
 #ajja et seq471 as amended by the      
preceding section1 is further amended by
 inserting after section #aag;,a the    
following3  #aag;,b4 ,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 enactment of the 

,,deterrent ,act1 each institution      
described in subsection 7b7 shall       
maintain-- 7#a7 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
 #ca 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 indeterminate value1 and including   
the date on which the gift was received2
  7,b7 any contract with a foreign      
source 7other than a foreign country of 
concern or foreign entity of concern7   
entered into or in effect during 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 is      
entered into1 the date on which the     
contract first takes effect1 and1 as    
applicable1 the date on which such      
contract terminates2  7,c7 any contract 
with a foreign source 7other than a     
foreign country of concern or foreign   
entity of concern7 entered into or in   
effect during the previous calendar year
 that has an indeterminate monetary     
value1 and including the date on which  
such contract is entered into1 the date 
on which the contract first takes       
effect1 and1 as applicable1 the date on 
which such contract terminates2 and     
7,d7 any contract entered into or in    
effect with a foreign country of concern
 or foreign entity of concern during the
 previous calendar year1 the value of   
which is #j or more or which has an     
indeterminate monetary value1 and       
including-- 7i7 the date on which such  
contract is entered into2  7ii7 the date
 on which the contract first takes      

effect2  7iii7 if the contract has a    
termination date1 such termination date2
 and  7iv7 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#a7   
7other than the information prohibited  
from public disclosure pursuant to      
subsection 7c77 that-- 7,a7 makes       
available the information disclosed     
under paragraph 7#a7 7other than the    
information prohibited from public      
disclosure pursuant to subsection 7c77  
beginning on the date that is #cj days  
after receipt of the report under such  
paragraph containing such information   
and until the latest of-- 7i7 the date  
that is #e years after the date on      
which-- 7,i7 a gift referred to in      
paragraph 7#a77;,a7 is received2 or     
7,,ii7 a contract referred to in        
subparagraph 7,b71 7,c71 or 7,d7 of     

paragraph 7#a7 first takes effect2  7ii7
 the date on which a contract referred  
to in subparagraph 7,b71 7,c71 or 7,d7  
of paragraph 7#a7 terminates2 or  7iii7 
the last day of any period that         
applicable ,state law requires a copy of
 such contract to be maintained2 and    
7,b7 is searchable and sortable-- 7i7 if
 the subject of the disclosure is a     
gift1 by the date on which the gift is  
received2  7ii7 if the subject of the   
disclosure is a contract-- 7,i7 by the  
date on which such contract is entered  
into2 and  7,,ii7 by the date on which  
such contract first takes effect2  7iii7
 by the attributable country with       
respect to which information is being   
disclosed2  7iv7 7,i7 if the covered    
individual at an institution is making  
the disclosure1 by the most specific    
division of the institution 7such as the
 department1 school1 or college7 that   
the covered individual is in2 and       
7,,ii7 if the covered individual at the 
affiliated entity of the institution is 

making the disclosure1 by the name of   
such affiliated entity2  7v7 by the name
 of the foreign source2 and  7#c7 an    
effective plan to identify and manage   
potential information gathering by      
foreign sources through espionage       
targeting covered individuals 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#a72 and  7#d7 for       
purposes of investigations under section
 #aag;,c7a77#a71 a record of the name of
 each individual who makes a disclosure 
under paragraph 7#a7 and each report    
disclosed under such paragraph4  7b7    
,institutions ,an institution shall be  
subject to the requirements of this     
section if such institution-- 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   
,application of ,federal privacy law2   
protections for natural persons  7#a7   
,application of ,federal privacy law    
,except as provided in paragraph 7#b71 a
 disclosure made pursuant to this       
section is not subject to ,federal      
privacy law4  7#b7 ,protections for     
natural persons  7,a7 ,in general       
,except as provided in subparagraph     
7,b71 with respect to a disclosure made 
pursuant to this section1 the following 
may not be publicly disclosed3 7i7 ,the 
name or address 7other than the         
attributable country7 of a foreign      
source that is a natural person4  7ii7  
,the name or any other personally       

identifiable information of a covered   
individual making such disclosure4  7,b7
 ,exceptions for contracts with a       
foreign country of concern or foreign   
entity of concern ,subparagraph 7,a7    
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 concern4   
7d7 ,definitions ,in this section-- 7#a7
 the terms affiliated entity1           
attributable country1 foreign source1   
and gift have the meanings given such   
terms in section #aag7;f72  7#b7 the    
term contract-- 7,a7 means-- 7i7 any    
agreement for the acquisition by        
purchase1 lease1 or barter of property  
7including intellectual property7 or    
services by the foreign source2  7ii7   
except as provided in subparagraph 7,b71
 any agreement for the acquisition by   
purchase1 lease1 or barter of property  
7including intellectual property7 or    
services from a foreign source2 and     

7iii7 any affiliation1 agreement1 or    
similar transaction with a foreign      
source that involves the use or exchange
 of a covered individual's name1        
likeness1 time1 services1 or resources2 
and  7,b7 does not include-- 7i7 an     
arms-length agreement for the           
acquisition by purchase1 lease1 or      
barter of property 7including           
intellectual property7 or services from 
a foreign source that is not a foreign  
country of concern or a foreign entity  
of concern2 and  7ii7 any assignment or 
license of a granted intellectual       
property right 7including a patent1     
trademark1 or copyright7 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 ,no4 #a to part    
#ggd of title #ae1 ,code of ,federal    
,regulations 7or successor regulations72
 and  7#c7 the term covered individual--
 7,a7 has the meaning given such term in

 section #bbc7;d7 of the ,william ,m4   
7,mac7 ,thornberry ,national ,defense   
,authorization ,act for ,fiscal ,year   
#bjba 7#db ,u4,s4,c4 #ffje72 and  7,b7  
shall be interpreted in accordance with 
the ,guidance for ,implementing         
,national ,security ,presidential       
,memorandum #cc 7,,nspm-#cc7 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 #bjbb
 7or any successor guidance74  4  #d4   
,enforcement and other general          
provisions  7a7 ,enforcement and other  
general provisions ,the ,higher         
,education ,act of #aife 7#bj ,u4,s4,c4 
#ajja et seq471 as amended by this ,act1
 is further amended by inserting after  
section #aag;,b the following3  #aag;,c4
 ,enforcement2 single point-of-contact2 
institutional requirements  7a7         
,enforcement  7#a7 ,investigation ,the  

,secretary 7acting through the ,general 
,counsel of the ,department7 shall      
conduct investigations of possible      
violations of sections #aag1 #aag;,a1   
#aag;,b1 and subsection 7c7 of this     
section by institutions and1 whenever it
 appears that an institution has        
knowingly or willfully failed to comply 
with a requirement of any of such       
provisions 7including any rule or       
regulation promulgated under any such   
provision71 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 any of the provisions    
listed in paragraph 7#a7 7including any 
rule or regulation promulgated under any
 such provision7 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 the 
provision that has been violated4  7#c7 
,costs and other fines ,an institution  
that is compelled to comply with a      
requirement of a provision listed in    
paragraph 7#a7 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 such 
provision1 including all associated     
costs of investigation and enforcement2 
and  7,b7 if applicable1 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 a section listed in paragraph 7#a7   
pursuant to paragraph 7#b7 as follows3  

7,a7 ,section #aag  7i7 ,first-time     
violations ,in the case of an           
institution that is compelled to comply 
with a requirement of section #aag      
pursuant to a civil action described in 
paragraph 7#b71 and that has not        
previously been compelled to comply with
 any such requirement pursuant to such a
 civil action1 the ,secretary shall     
impose a fine on the institution for    
such violation as follows3 7,i7 ,in the 
case of an institution that knowingly or
 willfully fails to comply with a       
reporting requirement under subsection  
7a77#a7 of section #aag1 such fine shall
 be in an amount that is-- 7aa7 for each
 gift or contract with determinable     
value that is the subject of such a     
failure to comply1 the greater of--     
7,,aa7 #ej1jjj2 or 7,,bb7 the monetary  
value of such gift or contract2 or  7bb7
 for each gift or contract of no value  
or of indeterminable value1 not less    
than #a 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,,ii7 ,in the case of an        
institution that knowingly or willfully 
fails to comply with the reporting      
requirement under subsection 7a77#b7 of 
section #aag1 such fine shall be in an  
amount that is not less than #aj percent
 of the total amount of ,federal funds  
received by the institution under this  
,act for the most recent fiscal year4   
7ii7 ,subsequent violations ,in the case
 of an institution that has previously  
been compelled to comply with a         
requirement of section #aag pursuant to 
a civil action described in paragraph   
7#b71 and is subsequently compelled to  
comply with such a requirement pursuant 
to a subsequent civil action described  
in paragraph 7#b71 the ,secretary shall 
impose a fine on the institution as     
follows3 7,i7 ,in the case of an        
institution that knowingly or willfully 
fails to comply with a reporting        
requirement under subsection 7a77#a7 of 

section #aag1 such fine shall be in an  
amount that is-- 7aa7 for each gift or  
contract with determinable value that is
 the subject of such a failure to       
comply1 the greater of-- 7,,aa7         
#ajj1jjj2 or 7,,bb7 twice the monetary  
value of such gift or contract2 or  7bb7
 for each gift or contract of no value  
or of indeterminable value1 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,,ii7 ,in the case of an        
institution that knowingly or willfully 
fails to comply with a reporting        
requirement under subsection 7a77#b7 of 
section #aag1 such fine shall be 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,b7 ,section #aag;,a  7i7 ,first-time  
violations ,in the case of an           
institution that is compelled to comply 

with a requirement of section #aag;,a   
pursuant to a civil action described in 
paragraph 7#b71 and that has not        
previously been compelled to comply with
 any such requirement pursuant to such a
 civil action1 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  7ii7      
,subsequent violations ,in the case of  
an institution that has previously been 
compelled to comply with a requirement  
of section #aag;,a pursuant to a civil  
action described in paragraph 7#b71 and 
is subsequently compelled to comply with
 such a requirement pursuant to a       
subsequent civil action described in    
paragraph 7#b71 the ,secretary shall    
impose a fine on the institution 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 ,section #aag;,b  7i7 ,first-time  
violations ,in the case of an           
institution that is compelled to comply 
with a requirement of section #aag;,b   
pursuant to a civil action described in 
paragraph 7#b71 and that has not        
previously been compelled to comply with
 any such requirement pursuant to such a
 civil action1 the ,secretary shall     
impose a fine on the institution for    
such violation in an amount that is the 
greater of-- 7,i7 #bej1jjj2 or  7,,ii7  
the total amount of gifts or contracts  
that the institution is compelled to    
report pursuant to such civil action4   
7ii7 ,subsequent violations ,in the case
 of an institution that has previously  
been compelled to comply with a         
requirement of section #aag;,b pursuant 
to a civil action described in paragraph
 7#b71 and is subsequently compelled to 
comply with such a requirement pursuant 
to a subsequent civil action described  
in paragraph 7#b71 the ,secretary shall 

impose a fine on the institution in an  
amount that is the greater of-- 7,i7    
#ejj1jjj2 or  7,,ii7 twice the total    
amount of gifts or contracts that the   
institution is compelled to report      
pursuant to such civil action4  7,d7    
,ineligibility for waiver ,in the case  
of an institution that is fined pursuant
 to subparagraph 7,a77ii71 7,b77ii71 or 
7,c77ii71 the ,secretary shall prohibit 
the institution from obtaining a waiver1
 or a renewal of a waiver1 under section
 #aag;,a4  7b7 ,single point-of-,contact
 at the ,department ,the ,secretary     
shall maintain a single point-of-contact
 at the ,department to-- 7#a7 receive   
and respond to inquiries and requests   
for technical assistance from           
institutions regarding compliance with  
the requirements of sections #aag1      
#aag;,a1 #aag;,b1 and subsection 7c7 of 
this section2  7#b7 coordinate and      
implement technical improvements to the 
database described in section           
#aag7;d77#a71 including-- 7,a7 improving

 upload functionality by allowing for   
batch reporting1 including by allowing  
institutions to upload one file with all
 required information into the database2
  7,b7 publishing and maintaining a     
database users guide1 which shall be    
reviewed and updated as practicable but 
not less than annually1 including       
information on how to edit an entry and 
how to report errors2  7,c7 creating a  
standing user group 7to which chapter   
#aj of title #e1 ,united ,states ,code1 
shall not apply7 to discuss possible    
database improvements1 which group      
shall-- 7i7 include at least-- 7,i7 #c  
members representing public institutions
 with high or very high levels of       
research activity 7as defined by the    
,national ,center for ,education        
,statistics72  7,,ii7 #b members        
representing private1 nonprofit         
institutions with high or very high     
levels of research activity 7as so      
defined72  7,,iii7 #b members           
representing proprietary institutions of

 higher education 7as defined in section
 #ajb7;b772 and  7,,iv7 #b members      
representing area career and technical  
education schools 7as defined in        
subparagraph 7,c7 or 7,d7 of section    
#c7c7 of the ,carl ,d4 ,perkins ,career 
and ,technical ,education ,act of #bjjf 
7#bj ,u4,s4,c4 #bcjb7c7772 and  7ii7    
meet at least twice a year with         
officials from the ,department to       
discuss possible database improvements2 
7,d7 publishing1 on a publicly available
 website1 recommended database          
improvements following each meeting     
described in subparagraph 7,c77ii72 and 
7,e7 responding1 on a publicly available
 website1 to each recommendation        
published under subparagraph 7,d7 as to 
whether or not the ,department will     
implement the recommendation1 including 
the rationale for either approving or   
rejecting the recommendation2  7#c7     
provide1 every #ij days after the date  
of enactment of the ,,deterrent ,act1   
status updates on any pending or        

completed investigations and civil      
actions under subsection 7a77#a7 to--   
7,a7 the authorizing committees2 and    
7,b7 any institution that is the subject
 of such investigation or action2  7#d7 
maintain1 on a publicly accessible      
website-- 7,a7 a full comprehensive list
 of all foreign countries of concern and
 foreign entities of concern2 and  7,b7 
the date on which the last update was   
made to such list2 and  7#e7 not later  
than #g days after making an update to  
the list maintained under paragraph     
7#d77;,a71 notify each institution      
required to comply with the sections    
listed in paragraph 7#a7 of such update4
  7c7 ,institutional requirements for   
compliance officers and institutional   
policy requirements  7#a7 ,in general   
,an institution that is required to file
 a report under section #aag1 that is   
seeking a waiver under section #aag;,a1 
or that is subject to the requirements  
of section #aag;,b1 shall1 not later    
than the earlier of the date on which   

the institution files the first report  
under section #aag1 requests the        
institution's first waiver under section
 #aag;,a1 or first fulfills the         
requirements of section #aag;,b-- 7,a7  
establish an institutional policy that  
the institution shall follow in meeting 
the requirements of sections #aag1      
#aag;,a1 and #aag;,b2 and  7,b7         
designate and maintain at least one1 but
 not more than three1 current employees 
or legally authorized agents of such    
institution to serve as compliance      
officers to carry out the requirements  
listed in paragraph 7#b74  7#b7 ,duties 
of compliance officers ,a compliance    
officer designated by an institution    
under paragraph 7#a77;,b7 shall         
certify-- 7,a7 whenever the institution 
is required to file a report under      
section #aag-- 7i7 the institution's    
accurate compliance with the reporting  
requirements under such section2  7ii7  
that the institution1 in filing such    
report under section #aag-- 7,i7        

followed the institutional policy       
established under paragraph 7#a77;,a7   
applicable to such section2 and  7,,ii7 
conducted good faith efforts and        
reasonable due diligence to ensure that 
accurate information is provided in such
 report2 and  7iii7 in the case of a    
report under section #aag1 any          
statements by the institution required  
to be certified by such an officer under
 clause 7i7 or 7iv7 of section          
#aag7;b77#a77;,c72 and  7,b7 whenever   
the institution requests a waiver under 
section #aag;,a-- 7i7 that the          
institution-- 7,i7 is in compliance with
 the requirements of such section2 and  
7,,ii7 followed the institutional policy
 established under paragraph 7#a77;,a7  
applicable to such section2 and  7ii7   
the statement by the institution        
required to be certified by such an     
officer under section                   
#aag;,a7b77#b77;,a77ii77,,ii72 and  7,c7
 whenever the institution is subject to 
the requirements of section #aag;,b1    

that the institution-- 7i7 is in        
compliance with the requirements of such
 section2 and  7ii7 followed the        
institutional policy established under  
paragraph 7#a77;,a7 applicable to such  
section4  7d7 ,definitions ,for purposes
 of sections #aag1 #aag;,a1 #aag;,b1 and
 this section3 7#a7 ,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 sections #aag1 #aag;,a1 #aag;,b1 or  
this section1 to be engaged in conduct  
that is detrimental to the national     
security or foreign policy of the       
,united ,states4  7#b7 ,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#i77;,a7 of the ,john ,s4     
,mc,cain ,national ,defense             
,authorization ,act for ,fiscal ,year   
#bjai 7#aj ,u4,s4,c4 #djja note2 ,public
 ,law #aae-bcb74  7#c7 ,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 section7 with a    
program participation agreement under   
section #dhg4  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    
sections #aag1 #aag;,a1 #aag;,b1 and    
#aag;,c7c74  7,b7 ,in the case of an    

institution described in subparagraph   
7,c71 the institution will-- 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  7,c7 ,an
 institution described in this          
subparagraph is an institution-- 7i7    
against which judgment has been granted 
in #c separate civil actions described  
in section #aag;,c7a77#b7 that have each
 resulted in the institution being      
compelled to comply with one or more    
requirements of section #aag1 #aag;,a1  
#aag;,b1 or #aag;,c7c72 and  7ii7 that  
pursuant to section #aag;,c7a77#d77;,e71
 is prohibited from obtaining a waiver1 
or a renewal of a waiver1 under section 

#aag;,a4  4  7c7 ,,gao ,study and       
,report  7#a7 ,study ,not later than    
,january #ca of the second calendar year
 that begins after the date of enactment
 of this ,act1 the ,comptroller ,general
 of the ,united ,states shall initiate a
 study to identify ways to improve      
intergovernmental agency coordination   
regarding implementation and enforcement
 of sections #aag1 #aag;,a1 #aag;,b1 and
 #aag;,c7c7 of the ,higher ,education   
,act of #aife 7#bj ,u4,s4,c4 #ajaa;f71  
as amended or added by this ,act1       
including increasing information        
sharing1 increasing compliance rates1   
and establishing processes for          
enforcement4  7#b7 ,report ,not later   
than #c years after the date of the     
initiation of the study under paragraph 
7#a71 the ,comptroller ,general of the  
,united ,states shall submit to         
,congress1 and make public1 a report    
containing the results of the study     
described in paragraph 7#a74