I 

117TH CONGRESS 

2D SESSION H. R. 7150 

To amend the Higher Education Act of 1965 to strengthen oversight and 

disclosures relating to foreign support for institutions of higher education, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2022 

Mr. BANKS introduced the following bill; which was referred to the Committee 

on Education and Labor, and in addition to the Committees on Financial 

Services, Foreign Affairs, and Energy and Commerce, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Higher Education Act of 1965 to strengthen 

oversight and disclosures relating to foreign support for 

institutions of higher education, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DISCLOSURES OF FOREIGN GIFTS AND CON4 TRACTS. 

5 (a) IN GENERAL.—Section 117 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1011f) is amended to read 

7 as follows: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 7150 IH

1 ‘‘SEC. 117. DISCLOSURES OF FOREIGN GIFTS AND CON2 TRACTS. 

3 ‘‘(a) DISCLOSURES.— 

4 ‘‘(1) AGGREGATE GIFTS AND CONTRACTS.— 

5 ‘‘(A) DISCLOSURE REQUIRED.—Except as 

6 provided in subsection (b), whenever an institu7 tion receives a gift from or enters into a con8 tract with a foreign source, the value of which 

9 is $50,000 or more, considered alone or in com10 bination with all other gifts from or contracts 

11 with that foreign source within a calendar year 

12 the institution shall file a disclosure report with 

13 the Office for Foreign Gifts and Contracts 

14 Oversight on January 31 or July 31, whichever 

15 is sooner. 

16 ‘‘(B) CONTENTS OF DISCLOSURE.—Each 

17 report under subparagraph (A) shall include the 

18 following: 

19 ‘‘(i) For gifts received from or con20 tracts entered into with a foreign govern21 ment, the aggregate amount of such gifts 

22 and contracts received from each foreign 

23 government, including the content of each 

24 such contract. 

25 ‘‘(ii) For gifts received from or con26 tracts entered into with a foreign source 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 7150 IH

1 other than a foreign government, the ag2 gregate dollar amount of such gifts and 

3 contracts attributable to a particular coun4 try, the legal or formal name of the foreign 

5 sources, and the content of each such con6 tract. 

7 ‘‘(C) ATTRIBUTION.—For purposes of sub8 paragraph (B)(ii), the country to which a gift 

9 or contract is attributable is— 

10 ‘‘(i) in the case of a gift from or con11 tract entered into with a foreign source 

12 who is a natural person, that person’s 

13 country of citizenship, or if unknown, that 

14 person’s principal country residence; or 

15 ‘‘(ii) in the case of a gift from or con16 tract entered into with a foreign source 

17 which is a legal entity, the entity’s prin18 cipal place of business or, if unknown, the 

19 entity’s country of incorporation. 

20 ‘‘(2) GIFTS OR CONTRACTS WITH UNDETER21 MINED MONETARY VALUE.— 

22 ‘‘(A) DISCLOSURE REQUIRED.—Except as 

23 provided in subsection (b), whenever an institu24 tion receives a gift from or enters into a con25 tract with a foreign source the value of which 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 7150 IH

1 is not readily ascertainable, the institution shall 

2 file a disclosure report with the Office for For3 eign Gifts and Contracts Oversight on January 

4 31 or July 31, whichever is sooner. 

5 ‘‘(B) CONTENTS OF DISCLOSURE.—Each 

6 report under subparagraph (A) shall include the 

7 information described in paragraph (1)(B). 

8 ‘‘(3) OWNERSHIP OR CONTROL BY FOREIGN

9 SOURCE.— 

10 ‘‘(A) DISCLOSURE REQUIRED.—Whenever 

11 an institution is owned or controlled by a for12 eign source the institution shall file a disclosure 

13 report with the Office for Foreign Gifts and 

14 Contracts Oversight on January 31 or July 31, 

15 whichever is sooner. 

16 ‘‘(B) CONTENTS OF DISCLOSURE.—Each 

17 report under subparagraph (A) shall include the 

18 following: 

19 ‘‘(i) the information described in para20 graph (1)(B) (without regard to any gift or 

21 contract threshold described in paragraph 

22 (1)(A)); 

23 ‘‘(ii) the identity of the foreign source 

24 that owns or controls the institution; 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 7150 IH

1 ‘‘(iii) the date on which the foreign 

2 source assumed ownership or control; and 

3 ‘‘(iv) any changes in the programs or 

4 organizational structure of the institution 

5 resulting from the change in ownership or 

6 control. 

7 ‘‘(4) RESTRICTED AND CONDITIONAL GIFTS.— 

8 ‘‘(A) DISCLOSURE REQUIRED.—Except as 

9 provided in subsection (b), whenever any insti10 tution receives a restricted or conditional gift 

11 from or enters into a restricted or conditional 

12 contract with a foreign source (regardless of the 

13 value of such gift or contract) the institution 

14 shall file a disclosure report with the Office for 

15 Foreign Gifts and Contracts Oversight on Jan16 uary 31 or July 31, whichever is sooner. 

17 ‘‘(B) CONTENTS OF DISCLOSURE.—Each 

18 report under subparagraph (A) shall include the 

19 following: 

20 ‘‘(i) NONGOVERNMENTAL SOURCES.— 

21 For gifts received from or contracts en22 tered into with a foreign source other than 

23 a foreign government, the amount, the 

24 date, and a description of such conditions 

25 or restrictions. The report shall also disVerDate Sep 11 2014 17:19 Mar 29, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7150.IH H7150

pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 7150 IH

1 close the country of citizenship, or if un2 known, the principal residence for a for3 eign source who is a natural person, and 

4 the country of incorporation, or if un5 known, the principal place of business for 

6 a foreign source which is a legal entity. 

7 ‘‘(ii) GOVERNMENTAL SOURCES.—For 

8 gifts received from or contracts entered 

9 into with a foreign government, the 

10 amount, the date, a description of such 

11 conditions or restrictions, and the name of 

12 the foreign government. 

13 ‘‘(b) LIMITATION ON ACCEPTANCE OF CERTAIN

14 GIFTS AND CONTRACTS.— 

15 ‘‘(1) APPROVAL REQUIRED.—An institution 

16 may not accept a gift or enter into a contract de17 scribed in paragraph (3) unless— 

18 ‘‘(A) the institution files a disclosure re19 port with the Office for Foreign Gifts and Con20 tracts Oversight that includes— 

21 ‘‘(i) the dollar amount of the intended 

22 gift or contract; 

23 ‘‘(ii) all terms and conditions of the 

24 intended gift or contract; and 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 7150 IH

1 ‘‘(iii) the legal or formal name of the 

2 foreign source or associate of a foreign ad3 versary that intends to make the gift or 

4 enter into the contract and— 

5 ‘‘(I) in the case of a foreign 

6 source or associate of a foreign adver7 sary who is a natural person, that 

8 person’s country of citizenship, or if 

9 unknown, that person’s principal 

10 country of residence; or 

11 ‘‘(II) in the case of a foreign 

12 source or associate of a foreign adver13 sary which is a legal entity, the enti14 ty’s principal place of business, if un15 known, the entity’s country of incor16 poration; 

17 ‘‘(B) an authorized official of the institu18 tion certifies to the Secretary that acceptance of 

19 the gift or contract— 

20 ‘‘(i) will not pose risks to the national 

21 security interests of the United States; 

22 ‘‘(ii) will not compromise the competi23 tiveness of the United States in the field to 

24 which the gift or contract pertains; and 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 7150 IH

1 ‘‘(iii) will not result in any restrictions 

2 on academic freedom or discourse, includ3 ing by influencing the hiring of faculty, the 

4 acceptance of students, or the content of 

5 instruction in a manner favorable to the 

6 interests of the foreign source or associate 

7 of a foreign adversary that intends to 

8 make the gift or enter into the contract; 

9 and 

10 ‘‘(C) the Secretary, acting through the Of11 fice for Foreign Gifts and Contracts Over12 sight— 

13 ‘‘(i) thoroughly reviews and verifies 

14 the information submitted by the institu15 tion under subparagraphs (A) and (B); 

16 ‘‘(ii) makes a determination, in writ17 ing, to approve the gift or contract; and 

18 ‘‘(iii) transmits such approval to the 

19 institution. 

20 ‘‘(2) NOTICE OF DISAPPROVAL.—If the Sec21 retary disapproves a gift or contract under para22 graph (1)(C) the Secretary shall transmit notice of 

23 such disapproval to the institution. 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 7150 IH

1 ‘‘(3) GIFTS AND CONTRACTS DESCRIBED.—The 

2 gifts and contracts described in this paragraph are 

3 the following: 

4 ‘‘(A) Any gift from or contract with an as5 sociate of a foreign adversary the value of 

6 which is $10,000 or more, considered alone or 

7 in combination with all other gifts from or con8 tracts with such person or entity. 

9 ‘‘(B) Any gift from or contract with a for10 eign source (regardless of the value of such gift 

11 or contract) that relates to the research, devel12 opment, or production of critical technologies 

13 and, in consideration for which, a foreign 

14 source would be granted access to material non15 public technical information held by an institu16 tion. 

17 ‘‘(4) CRITERIA FOR HEIGHTENED SCRUTINY.— 

18 In making a determination whether to approve or 

19 disapprove a gift or contract under paragraph 

20 (1)(C), the Secretary shall apply a heightened stand21 ard of scrutiny to any gift or contract that relates 

22 to one or more of the following: 

23 ‘‘(A) Critical technologies. 

24 ‘‘(B) Biotechnology. 

25 ‘‘(C) Pharmaceuticals. 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 7150 IH

1 ‘‘(D) Artificial intelligence. 

2 ‘‘(E) Quantum computing. 

3 ‘‘(F) Machine learning. 

4 ‘‘(G) Technologies with military applica5 tions. 

6 ‘‘(H) Any other area of science, tech7 nology, engineering, or mathematics. 

8 ‘‘(d) AVAILABILITY OF DOCUMENTATION.—As part 

9 of each disclosure required under this section, an institu10 tion shall provide to the Secretary an assurance that the 

11 institution will, upon request of the Secretary, produce 

12 true copies of any documentation relating to any gift, con13 tract, or change in ownership or control subject to such 

14 disclosure requirements. 

15 ‘‘(e) TRANSLATIONS.—Each report required to be 

16 submitted under this section and any documentation made 

17 available under subsection (d) shall be provided in the 

18 English language. If any part of such report or docu19 mentation requires translation from another language into 

20 English for purposes of meeting the requirements of this 

21 subsection, the institution shall ensure that the translation 

22 is performed by a third party unaffiliated with institution 

23 or the foreign source concerned. 

24 ‘‘(f) RELATION TO OTHER REPORTING REQUIRE25 MENTS.— 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 7150 IH

1 ‘‘(1) STATE REQUIREMENTS.—If an institution 

2 subject to the disclosure requirements of subsection 

3 (a) is within a State which has enacted requirements 

4 for public disclosure of gifts from or contracts with 

5 a foreign source that are substantially similar to the 

6 requirements of this section, a copy of the disclosure 

7 report filed with the State may be filed with the Sec8 retary in lieu of a report required under such sub9 section. The State in which the institution is located 

10 shall provide to the Secretary such assurances as the 

11 Secretary may require to establish that the institu12 tion has met the requirements for public disclosure 

13 under State law if the State report is filed. 

14 ‘‘(2) USE OF OTHER FEDERAL REPORTS.—If an 

15 institution receives a gift from, or enters into a con16 tract with, a foreign source, where any other depart17 ment, agency, or bureau of the executive branch re18 quires a report containing requirements substantially 

19 similar to those required under this section, a copy 

20 of the report may be filed with the Secretary in lieu 

21 of a report required under subsection (a). 

22 ‘‘(g) PUBLIC DISCLOSURE AND MODIFICATION OF

23 REPORTS.— 

24 ‘‘(1) IN GENERAL.—Not later than 30 days 

25 after receiving a disclosure report under this section, 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 7150 IH

1 the Secretary shall make the full text of the report 

2 publicly available on the database established under 

3 paragraph (2). 

4 ‘‘(2) DATABASE.—The Secretary of Education 

5 shall establish a database of the reports submitted 

6 to the Secretary under this section. The database 

7 shall be hosted on a publicly accessible website of 

8 the Department of Education and the reports posted 

9 to the database shall be made available in an elec10 tronic format that— 

11 ‘‘(A) includes the full text of each report 

12 and any supporting documentation relating to 

13 the report; 

14 ‘‘(B) is downloadable, searchable, and sort15 able; and 

16 ‘‘(C) allows a user of the database to com17 pare institutions based on the types and 

18 amounts of foreign support received by such in19 stitutions. 

20 ‘‘(h) MODIFICATIONS.—The Secretary shall establish 

21 a process to enable institutions to revise and update pre22 viously filed disclosure reports under this section to ensure 

23 accuracy, compliance, and ability to cure. 

24 ‘‘(i) SANCTIONS FOR NONCOMPLIANCE.— 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•HR 7150 IH

1 ‘‘(1) IN GENERAL.—As a sanction for non2 compliance with the requirements of this section, the 

3 Secretary of Education shall impose a fine on an in4 stitution that, in any year, knowingly or willfully vio5 lates this section, that is— 

6 ‘‘(A) in an amount equal to at least 10 

7 percent of the value of the gift or contract but 

8 not more than the total amount of the gift or 

9 contract with the foreign source in the case 

10 of— 

11 ‘‘(i) a failure to disclose a gift or con12 tract with a foreign source as required 

13 under this section; or 

14 ‘‘(ii) a failure to comply with sub15 section (d) or (e) with respect to such gift 

16 or contract; 

17 ‘‘(B) in an amount that is not more than 

18 25 percent of the total amount of funding re19 ceived by the institution under this Act, as de20 scribed in paragraph (3), for the year in which 

21 the violation occurred in the case of— 

22 ‘‘(i) a failure to disclose ownership or 

23 control by a foreign source in violation of 

24 the requirements of subsection (a)(3); or 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•HR 7150 IH

1 ‘‘(ii) a failure to comply with sub2 section (d) or (e) with respect to such dis3 closure; or 

4 ‘‘(C) in the case of a failure to comply with 

5 subsection (b)— 

6 ‘‘(i) in an amount equal to the value 

7 of the gift or contract; or 

8 ‘‘(ii) not less than $50,000 if the gift 

9 or contract is of undetermined monetary 

10 value. 

11 ‘‘(2) REPEATED FAILURES.— 

12 ‘‘(A) KNOWING AND WILLFUL FAIL13 URES.—In addition to a fine for a violation in 

14 any year in accordance with paragraph (1), the 

15 Secretary of Education shall impose a fine on 

16 an institution that knowingly and willfully fails 

17 in two consecutive years to comply with the re18 quirements of this section, that is— 

19 ‘‘(i) in an amount that is not less 

20 than $100,000 but not more than twice 

21 the amount of the gift or contract with the 

22 foreign source, in the case of— 

23 ‘‘(I) a failure to disclose a gift or 

24 contract with a foreign source as re25 quired under this section; or 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•HR 7150 IH

1 ‘‘(II) a failure to comply with 

2 subsection (d) or (e) with respect to 

3 such gift or contract; or 

4 ‘‘(ii) in an amount that is not more 

5 than 25 percent of the total amount of 

6 funding received by the institution under 

7 this Act for the year in which the violation 

8 occurred in the case of— 

9 ‘‘(I) a failure to disclose owner10 ship or control by a foreign source in 

11 violation of the requirements of sub12 section (a)(3); or 

13 ‘‘(II) a failure to comply with 

14 subsection (d) or (e) with respect to 

15 such disclosure. 

16 ‘‘(B) SANCTION FOR REPEATED VIOLATION

17 OF GIFT AND CONTRACT ACCEPTANCE

18 RULES.—If an institution knowingly and will19 fully violates a provision of subsection (b) more 

20 than once in a period of two consecutive years, 

21 as determined by the Secretary, the Secretary 

22 shall declare the institution to be ineligible to 

23 receive funds and participate in programs under 

24 this Act for a period of up to five years. 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•HR 7150 IH

1 ‘‘(3) CALCULATION OF PENALTY.—For pur2 poses of paragraphs (1)(B) and (2)(A)(ii), the total 

3 amount of funding received by an institution under 

4 this Act does not include any amounts received by 

5 the institution from or on behalf of an individual 

6 student that are derived from a grant or student 

7 loan made under this Act. 

8 ‘‘(j) AUTHORITY TO TERMINATE OR MODIFY TRANS9 ACTIONS.—As a condition of receiving a gift from or enter10 ing into a contract with a foreign source or an associate 

11 of a foreign adversary, an institution and any other party 

12 to such gift or contract shall agree that the Office for For13 eign Gifts and Contracts Oversight shall have the author14 ity— 

15 ‘‘(1) to review such gift or contract at any time; 

16 and 

17 ‘‘(2) if the Office determines that such gift or 

18 contract poses a risk to the national security inter19 ests of the United States, the Office may— 

20 ‘‘(A) terminate or modify such gift or con21 tract; or 

22 ‘‘(B) require the institution to pay to the 

23 Secretary an amount equal to the value of such 

24 gift or contract. 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•HR 7150 IH

1 ‘‘(k) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to require the disclosure or ap3 proval by the Department of Education of a tuition agree4 ment or other agreement entered into between an institu5 tion and an individual student in the regular course of 

6 the student’s enrollment at the institution. 

7 ‘‘(l) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘associate of a foreign adversary’ 

9 means— 

10 ‘‘(A) a natural person (regardless of the 

11 person’s citizenship, nationality, or principal 

12 place of residence) who derives a substantial 

13 amount of income from business activities with 

14 a foreign adversary; and 

15 ‘‘(B) a legal entity (regardless of entity’s 

16 country of incorporation or principal place of 

17 business) that derives a substantial amount of 

18 revenue or income from business activities with 

19 a foreign adversary. 

20 ‘‘(2) The term ‘contract’ means any legally 

21 binding agreement, including any agreement for the 

22 acquisition by purchase, lease, or barter of property 

23 or services by the foreign source, for the direct ben24 efit or use of either of the parties. 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•HR 7150 IH

1 ‘‘(3) The term ‘critical technologies’ has the 

2 meaning given that term section 801.204 of title 31, 

3 Code of Federal Regulations (or any successor to 

4 such regulation). 

5 ‘‘(4) The term ‘foreign adversary’ means— 

6 ‘‘(A) Cuba; 

7 ‘‘(B) the Democratic People’s Republic of 

8 North Korea; 

9 ‘‘(C) the Islamic Republic of Iran; 

10 ‘‘(D) the People’s Republic of China (in11 cluding the Hong Kong Special Administrative 

12 Region and the Macau Special Administrative 

13 Region); 

14 ‘‘(E) the Russian Federation; and 

15 ‘‘(F) any other nation designated as a for16 eign adversary by the Department of Commerce 

17 for purposes of the implementation of Executive 

18 Order 13873 (84 Fed. Reg. 22689), titled ‘Se19 curing the Information and Communications 

20 Technology and Services Supply Chain’, and 

21 dated May 15, 2019. 

22 ‘‘(5) The term ‘foreign source’ means— 

23 ‘‘(A) a foreign government, including an 

24 agency of a foreign government; 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•HR 7150 IH

1 ‘‘(B) a legal entity, governmental or other2 wise, created solely under the laws of a foreign 

3 state or states; 

4 ‘‘(C) an individual who is not a citizen or 

5 a national of the United States or a trust terri6 tory or protectorate thereof; 

7 ‘‘(D) an agent, including a subsidiary or 

8 affiliate of a foreign legal entity, acting on be9 half of a foreign source; or 

10 ‘‘(E) any individual or legal entity that, in 

11 the period of one year preceding the date on 

12 which the individual or entity made a gift to or 

13 entered into a contract with an institution— 

14 ‘‘(i) received a total of $100,000 or 

15 more in funds or subsidies from a foreign 

16 government; or 

17 ‘‘(ii) generated at least 40 percent of 

18 the individual or entity’s income or revenue 

19 in a foreign country and the principal 

20 place of residence or business of such indi21 vidual or entity is in that foreign country; 

22 ‘‘(6) the term ‘gift’ means any gift of money, 

23 property, or services; 

24 ‘‘(7) the term ‘institution’ means— 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•HR 7150 IH

1 ‘‘(A) any institution, public or private, or, 

2 if a multicampus institution, any single campus 

3 of such institution, in any State, that— 

4 ‘‘(i) is legally authorized within such 

5 State to provide a program of education 

6 beyond secondary school; 

7 ‘‘(ii) provides a program for which the 

8 institution awards a bachelor’s degree (or 

9 provides not less than a 2-year program 

10 which is acceptable for full credit toward 

11 such a degree) or more advanced degrees; 

12 and 

13 ‘‘(iii) is accredited by a nationally rec14 ognized accrediting agency or association 

15 and to which institution Federal financial 

16 assistance is extended (directly or indi17 rectly through another entity or person), or 

18 which institution receives support from the 

19 extension of Federal financial assistance to 

20 any of the institution’s subunits; and 

21 ‘‘(B) any organization associated with or 

22 otherwise connected to an institution described 

23 in subparagraph (A), including a university 

24 foundation (as described in section 509(a)(3) of 

25 the Internal Revenue Code of 1986) or a nonVerDate Sep 11 2014 17:19 Mar 29, 2022 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H7150.IH H7150

pamtmann on DSKBC07HB2PROD with BILLS
21 

•HR 7150 IH

1 profit organization (as described in section 

2 501(c)(3) of the Internal Revenue Code of 

3 1986); 

4 ‘‘(8) the term ‘restricted or conditional gift or 

5 contract’ means any endowment, gift, grant, con6 tract, award, present, or property of any kind which 

7 includes provisions regarding— 

8 ‘‘(A) the employment, assignment, or ter9 mination of faculty; 

10 ‘‘(B) the establishment of departments, 

11 centers, research or lecture programs, or new 

12 faculty positions; 

13 ‘‘(C) the selection or admission of stu14 dents; or 

15 ‘‘(D) the award of grants, loans, scholar16 ships, fellowships, or other forms of financial 

17 aid restricted to students of a specified country, 

18 religion, sex, ethnic origin, or political opin19 ion.’’. 

20 (b) EFFECTIVE DATE AND APPLICABILITY.—The 

21 amendments made by subsection (a) shall take effect 90 

22 days after the date of enactment of this Act and shall 

23 apply with respect to gifts, contracts, and changes in the 

24 ownership or control of an institution occurring on or after 

25 such effective date. 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•HR 7150 IH

1 (c) REGULATIONS.—Not later than the effective date 

2 specified in subsection (b), the President shall promulgate 

3 regulations implementing section 117 of the Higher Edu4 cation Act of 1965 (20 U.S.C. 1011f), as amended by sub5 section (a). 

6 SEC. 2. OFFICE FOR FOREIGN GIFTS AND CONTRACTS 

7 OVERSIGHT. 

8 (a) ESTABLISHMENT.—Part B of title I of the Higher 

9 Education Act of 1965 (20 U.S.C. 1011 et seq.) is amend10 ed by inserting after section 117 the following: 

11 ‘‘SEC. 117a. OFFICE FOR FOREIGN GIFTS AND CONTRACTS 

12 OVERSIGHT. 

13 ‘‘(a) ESTABLISHMENT.—There is established within 

14 the Office of the Secretary of Education an Office for For15 eign Gifts and Contracts Oversight (referred to in this sec16 tion as the ‘Office’). 

17 ‘‘(b) HEAD OF OFFICE.—The head of the Office shall 

18 be the designee of the Secretary. 

19 ‘‘(c) RESPONSIBILITIES.—The responsibilities of the 

20 Office shall be— 

21 ‘‘(1) to monitor the compliance of institutions 

22 with section 117; 

23 ‘‘(2) to enforce the requirements of such section 

24 with respect to such institutions; 


pamtmann on DSKBC07HB2PROD with BILLS
23 

•HR 7150 IH

1 ‘‘(3) to represent the Department of Education 

2 on the Committee on Foreign Investment in the 

3 United States; and 

4 ‘‘(4) to carry out such other duties and respon5 sibilities relating to foreign influence over institu6 tions as the Secretary determines appropriate. 

7 ‘‘(d) STAFF.—The Secretary shall ensure that the 

8 Office is staffed by individuals with sufficient expertise to 

9 carry out the responsibilities specified in subsection (c).’’. 

10 (b) EFFECTIVE DATE AND APPLICABILITY.—The 

11 amendments made by subsection (a) shall take effect 90 

12 days after the date of enactment of this Act. 

13 (c) REGULATIONS.—Not later than the effective date 

14 specified in subsection (b), the President shall promulgate 

15 regulations implementing section 117a of the Higher Edu16 cation Act of 1965, as added by subsection (a). 

17 SEC. 3. INCLUSION OF OFFICE FOR FOREIGN GIFTS AND 

18 CONTRACTS OVERSIGHT IN THE COMMITTEE 

19 ON FOREIGN INVESTMENT IN THE UNITED 

20 STATES. 

21 (a) MEMBERSHIP OF THE COMMITTEE ON FOREIGN

22 INVESTMENT IN THE UNITED STATES.—Section 

23 721(k)(2) of the Defense Production Act of 1950 (50 

24 U.S.C. 4565(k)(2)) is amended— 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•HR 7150 IH

1 (1) by redesignating subparagraph (J) as sub2 paragraph (K); and 

3 (2) by inserting after subparagraph (I) the fol4 lowing new subparagraph: 

5 ‘‘(J) The head of the Office for Foreign 

6 Gifts and Contracts Oversight of the Depart7 ment of Education (as described in section 

8 117a of the Higher Education Act of 1965).’’. 

9 (b) COVERED TRANSACTIONS AND LEAD AGENCY.— 

10 (1) COVERED TRANSACTIONS.—Section 

11 721(a)(4) of the Defense Production Act of 1950 

12 (50 U.S.C. 4565(a)(4)) is amended— 

13 (A) in subparagraph (A)(i), by striking 

14 ‘‘subparagraph (B)(i)’’ and inserting ‘‘clauses 

15 (i) or (vi) of subparagraph (B)’’; and 

16 (B) in subparagraph (B), by inserting 

17 after clause (v) the following new clause: 

18 ‘‘(vi) Any gift or contract described in 

19 section 117(a)(1)(A) of the Higher Edu20 cation Act of 1965.’’. 

21 (2) LEAD AGENCY.—Section 721(k)(5) of the 

22 Defense Production Act of 1950 (50 U.S.C. 

23 4565(k)(5)) is amended— 

24 (A) by redesignating subparagraphs (A) 

25 and (B) as clauses (i) and (ii), respectively; 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•HR 7150 IH

1 (B) by striking ‘‘The Secretary’’ and in2 serting the following: 

3 ‘‘(A) IN GENERAL.—The Secretary’’; and 

4 (C) by adding at the end the following new 

5 subparagraph: 

6 ‘‘(B) CERTAIN GIFTS AND CONTRACTS.— 

7 With respect to a covered transaction described 

8 in subsection (a)(4)(B)(v), the Secretary of the 

9 Treasury shall designate the head of the Office 

10 for Foreign Gifts and Contracts Oversight of 

11 the Department of Education (as described in 

12 section 117a of the Higher Education Act of 

13 1965) as the lead agency on behalf of the Com14 mittee.’’. 

15 (3) APPLICABILITY.—This subsection and the 

16 amendments made by this subsection shall apply 

17 with respect to any covered transaction described in 

18 clause (v) of section 721(a)(4)(B) of the Defense 

19 Production Act of 1950 (50 U.S.C. 4565(a)(4)(B)), 

20 the review or investigation of which is initiated 

21 under section 721 of such Act on or after the date 

22 of the enactment of this section. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS