163 
(A) a proposed determination of the scope 
of and procedures for the pilot program re-
quired by paragraph (1); 
(B) an assessment of the burden on insti-
tutions of higher education likely to result from 
compliance with the pilot program; 
(C) recommendations for addressing any 
such burdens, including shortening timelines for 
reviews and investigations, structuring penalties 
and filing fees, and simplifying and stream-
lining declaration and notice requirements to 
reduce such burdens; and 
(D) any procedures necessary to ensure 
that the pilot program does not infringe upon 
academic freedom. 
(3) REPORT ON FINDINGS.—Upon conclusion of 
the pilot program required by paragraph (1), the 
Committee shall submit to Congress a report on the 
findings of that pilot program that includes— 
(A) a summary of the reviews conducted 
by the Committee under the pilot program and 
the outcome of such reviews; 
(B) an assessment of any additional re-
sources required by the Committee to carry out 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
164 
this section or the amendments made by sub-
section (a); 
(C) findings regarding the additional bur-
den on institutions of higher education likely to 
result from compliance with the amendments 
made by subsection (a) and any additional rec-
ommended steps to reduce those burdens; and 
(D) any recommendations for Congress to 
consider regarding the scope or procedures de-
scribed in this section or the amendments made 
by subsection (a). 
SEC. 530. DISCLOSURES OF FOREIGN GIFTS AND CON-
TRACTS AT INSTITUTIONS OF HIGHER EDU-
CATION. 
(a) DISCLOSURES OF FOREIGN GIFTS.—Section 117 
of the Higher Education Act of 1965 (20 U.S.C. 1011f) 
is amended to read as follows: 
‘‘SEC. 117. DISCLOSURES OF FOREIGN GIFTS AND AGREE-
MENTS. 
‘‘(a) DISCLOSURE REPORTS.— 
‘‘(1) AGGREGATE GIFTS AND CONTRACT DIS-
CLOSURES.—An institution shall file a disclosure re-
port described in subsection (b) with the Secretary 
and the Secretary of the Treasury (in the capacity 
of the Secretary as the chairperson of the Committee 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
165 
on Foreign Investment in the United States under 
section 721(k)(3) of the Defense Production Act of 
1950 (50 U.S.C. 4565(k)(3))) not later than March 
31 immediately following any calendar year in which 
the institution receives a gift from, or enters into a 
contract with, a foreign source, the value of which 
is $50,000 or more, considered alone or in combina-
tion with all other gifts from, or contracts with, that 
foreign source within the calendar year. 
‘‘(2) DISCLOSURE OF CONTRACTS WITH UNDE-
TERMINED MONETARY VALUE.—An institution shall 
file a disclosure report described in subsection (b) 
with the Secretary and the Secretary of the Treas-
ury (in the capacity of the Secretary as the chair-
person of the Committee on Foreign Investment in 
the United States under section 721(k)(3) of the 
Defense Production Act of 1950 (50 U.S.C. 
4565(k)(3))) not later than March 31 immediately 
following any calendar year in which the institution 
enters into a contract with a foreign source that has 
an undetermined monetary value. 
‘‘(3) FOREIGN
SOURCE
OWNERSHIP
OR
CON-
TROL DISCLOSURES.—In the case of an institution 
that is owned or controlled by a foreign source, the 
institution shall file a disclosure report described in 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
166 
subsection (b) with the Secretary and the Secretary 
of the Treasury (in the capacity of the Secretary as 
the chairperson of the Committee on Foreign Invest-
ment in the United States under section 721(k)(3) 
of the Defense Production Act of 1950 (50 U.S.C. 
4565(k)(3))) not later than March 31 of every year. 
‘‘(b) CONTENTS OF REPORT.—Each report to the 
Secretary required by subsection (a) shall contain the fol-
lowing: 
‘‘(1)(A) In the case of an institution required to 
file a report under paragraph (1) or (2) of sub-
section (a)— 
‘‘(i) for gifts received from or contracts en-
tered into with a foreign government, the aggre-
gate amount of such gifts and contracts re-
ceived from each foreign government, including 
the content of each such contract; and 
‘‘(ii) for gifts received from or contracts 
entered into with a foreign source other than a 
foreign 
government, 
the 
aggregate 
dollar 
amount of such gifts and contracts attributable 
to a particular country and the legal or formal 
name of the foreign source, and the content of 
each such contract. 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
167 
‘‘(B) For purposes of this paragraph, the coun-
try to which a gift is attributable is— 
‘‘(i) the country of citizenship, or if un-
known, the principal residence, for a foreign 
source who is a natural person; or 
‘‘(ii) the country of incorporation, or if un-
known, the principal place of business, for a 
foreign source which is a legal entity. 
‘‘(2) In the case of an institution required to 
file a report under subsection (a)(3)— 
‘‘(A) the information described in para-
graph (1)(A) (without regard to any gift or con-
tract threshold described in subsection (a)(1)); 
‘‘(B) the identity of the foreign source that 
owns or controls the institution; 
‘‘(C) the date on which the foreign source 
assumed ownership or control; and 
‘‘(D) any changes in program or structure 
resulting from the change in ownership or con-
trol. 
‘‘(3) An assurance that the institution will 
maintain a true copy of each gift or contract agree-
ment subject to the disclosure requirements under 
this section, until the latest of— 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
168 
‘‘(A) the date that is 4 years after the date 
of the agreement; 
‘‘(B) the date on which the agreement ter-
minates; or 
‘‘(C) the last day of any period that appli-
cable State public record law requires a true 
copy of such agreement to be maintained. 
‘‘(4) An assurance that the institution will 
produce true copies of gift and contract agreements 
subject to the disclosure requirements under this 
section upon request of the Secretary during a com-
pliance audit or other institutional investigation and 
shall ensure all gifts and contracts from the foreign 
source are translated into English by a third party 
unaffiliated with the foreign source or institution for 
this purpose. 
‘‘(c) ADDITIONAL DISCLOSURES FOR RESTRICTED 
AND CONDITIONAL GIFTS
AND CONTRACTS.—Notwith-
standing the provisions of subsection (b), whenever any 
institution receives a restricted or conditional gift or con-
tract from a foreign source, the institution shall disclose 
the following to the Department translated into English 
by a third party unaffiliated with the foreign source or 
institution: 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
169 
‘‘(1) For such gifts received from or contracts 
entered into with a foreign source other than a for-
eign government, the amount, the date, and a de-
scription of such conditions or restrictions. The re-
port shall also disclose the country of citizenship, or 
if unknown, the principal residence for a foreign 
source which is a natural person, and the country of 
incorporation, or if unknown, the principal place of 
business for a foreign source which is a legal entity. 
‘‘(2) For gifts received from or contracts en-
tered into with a foreign government, the amount, 
the date, a description of such conditions or restric-
tions, and the name of the foreign government. 
‘‘(d) RELATION TO OTHER REPORTING REQUIRE-
MENTS.— 
‘‘(1) STATE REQUIREMENTS.—If an institution 
that is required to file a disclosure report under sub-
section (a) is within a State which has enacted re-
quirements for public disclosure of gifts from or con-
tracts with a foreign source that includes all infor-
mation required under this section for the same or 
an equivalent time period, a copy of the disclosure 
report filed with the State may be filed with the Sec-
retary and the Secretary of the Treasury in lieu of 
the report required under such subsection. The State 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
170 
in which the institution is located shall provide to 
the Secretaries such assurances as the Secretaries 
may require to establish that the institution has met 
the requirements for public disclosure under State 
law if the State report is filed. 
‘‘(2) USE OF OTHER FEDERAL REPORTS.—If an 
institution receives a gift from, or enters into a con-
tract with, a foreign source, where any other depart-
ment, agency, or bureau of the executive branch re-
quires a report containing all the information re-
quired under this section for the same or an equiva-
lent time period, a copy of the report may be filed 
with the Secretary and the Secretary of the Treas-
ury in lieu of a report required under subsection (a). 
‘‘(e) CONFUCIUS INSTITUTE AGREEMENTS.— 
‘‘(1) DEFINED TERM.—In this subsection, the 
term ‘Confucius Institute’ means a cultural institute 
directly or indirectly funded by the Government of 
the People’s Republic of China. 
‘‘(2) DISCLOSURE REQUIREMENT.—Any institu-
tion that has entered into an agreement with a Con-
fucius Institute shall immediately make the full text 
of such agreement available— 
‘‘(A) on the publicly accessible website of 
the institution; 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
171 
‘‘(B) to the Department of Education; 
‘‘(C) to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate; and 
‘‘(D) to the Committee on Education and 
Labor of the House of Representatives. 
‘‘(3) In subsection (i), as redesignated— 
‘‘(A) in paragraph (2), by amending sub-
paragraph (A) to read as follows: 
‘‘ ‘(A) a foreign government, including— 
‘‘ ‘(i) any agency of a foreign govern-
ment, and any other unit of foreign gov-
ernmental authority, including any foreign 
national, State, local, and municipal gov-
ernment; 
‘‘ ‘(ii) any international or multi-
national organization whose membership is 
composed of any unit of foreign govern-
ment described in clause (i); and 
‘‘ ‘(iii) any agent or representative of 
any such unit or such organization, while 
acting as such;’; and 
‘‘(B) in paragraph (3), by inserting before 
the semicolon at the end the following: ‘, or the 
fair market value of an in-kind gift’. 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
172 
‘‘(f) PUBLIC DISCLOSURE AND MODIFICATION OF 
REPORTS.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after receiving a disclosure report under this section, 
the Secretary shall make such report electronically 
available to the public for downloading on a search-
able database under which institutions can be indi-
vidually identified and compared. 
‘‘(2) MODIFICATIONS.—The Secretary shall in-
corporate a process permitting institutions to revise 
and update previously filed disclosure reports under 
this section to ensure accuracy, compliance, and abil-
ity to cure. 
‘‘(g) SANCTIONS FOR NONCOMPLIANCE.— 
‘‘(1) IN
GENERAL.—As a sanction for non-
compliance with the requirements under this section, 
the Secretary may impose a fine on an institution 
that in any year knowingly or willfully violates this 
section, that is— 
‘‘(A) in the case of a failure to disclose a 
gift or contract with a foreign source as re-
quired under this section or to comply with the 
requirements of subsection (b)(4), in an amount 
that is not less than $250 but not more than 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
173 
the amount of the gift or contract with the for-
eign source; or 
‘‘(B) in the case of any violation of the re-
quirements of subsection (a)(3), in an amount 
that is not more than 25 percent of the total 
amount of funding received by the institution 
under this Act. 
‘‘(2) REPEATED FAILURES.— 
‘‘(A) 
KNOWING
AND
WILLFUL
FAIL-
URES.—In addition to a fine for a violation in 
any year in accordance with paragraph (1) and 
subject to subsection (e)(2), the Secretary shall 
impose a fine on an institution that knowingly 
and willfully fails in 3 consecutive years to com-
ply with the requirements of this section, that 
is— 
‘‘(i) in the case of a failure to disclose 
a gift or contract with a foreign source as 
required under this section or to comply 
with the requirements of subsection (b)(4), 
in an amount that is not less than 
$100,000 but not more than twice the 
amount of the gift or contract with the for-
eign source; or 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
174 
‘‘(ii) in the case of any violation of the 
requirements of subsection (a)(3), in an 
amount that is not more than 25 percent 
of the total amount of funding received by 
the institution under this Act. 
‘‘(B) ADMINISTRATIVE
FAILURES.—The 
Secretary shall impose a fine on an institution 
that fails to comply with the requirements of 
this section in 3 consecutive years, in an 
amount that is not less than $250 but not more 
than the amount of the gift or contract with the 
foreign source. 
‘‘(C) COMPLIANCE PLAN REQUIREMENT.— 
An institution that fails to file a disclosure re-
port for a receipt of a gift from or contract with 
a foreign source in 2 consecutive years, shall be 
required to submit a compliance plan to Sec-
retary. 
‘‘(h) COMPLIANCE OFFICER.—Any institution that is 
required to report a gift or contract under this section 
shall designate and maintain a compliance officer who— 
‘‘(1) shall be a current employee or legally au-
thorized agent of such institution; and 
‘‘(2) shall be responsible, on behalf of the insti-
tution, for compliance with the foreign gift reporting 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
175 
requirement under this section and section 124, if 
applicable. 
‘‘(i) SINGLE POINT OF CONTACT.—The Secretary 
shall maintain a single point of contact to— 
‘‘(1) receive and respond to inquiries and re-
quests for technical assistance from institutions of 
higher education regarding compliance with the re-
quirements of this section; and 
‘‘(2) coordinate the disclosure of information on 
the searchable database, and process for modifica-
tions of disclosures and ability to cure, as described 
in subsection (e). 
‘‘(j) TREATMENT
OF
CERTAIN
PAYMENTS
AND 
GIFTS.— 
‘‘(1) EXCLUSIONS.—The following shall not be 
considered a gift from a foreign source under this 
section: 
‘‘(A) Any payment of one or more elements 
of a student’s cost of attendance (as defined in 
section 472) to an institution by, or scholarship 
from, a foreign source who is a natural person, 
acting in their individual capacity and not as an 
agent for, at the request or direction of, or on 
behalf of, any person or entity (except the stu-
dent), made on behalf of no more than 15 stu-
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
176 
dents that is not made under contract with 
such foreign source, except for the agreement 
between the institution and such student cov-
ering one or more elements of such student’s 
cost of attendance. 
‘‘(B) Assignment or license of registered 
industrial and intellectual property rights, such 
as patents, utility models, trademarks, or copy-
rights, or technical assistance, that are not 
identified as being associated with a national 
security risk or concern by the Federal Re-
search Security Council as described under sec-
tion 7902 of title 31, United States Code, as 
added by section 4493 of the Securing Amer-
ica’s Future Act. 
‘‘(2) INCLUSIONS.—Any gift to, or contract 
with, an entity or organization, such as a research 
foundation, that operates substantially for the ben-
efit or under the auspices of an institution shall be 
considered a gift to or with respectively, such insti-
tution. 
‘‘(k) DEFINITIONS.—In this section— 
‘‘(1) the term ‘contract’— 
‘‘(A) means any— 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
177 
‘‘(i) agreement for the acquisition by 
purchase, lease, or barter of property or 
services by the foreign source, for the di-
rect benefit or use of either of the parties, 
except as provided in subparagraph (B); or 
‘‘(ii) affiliation, agreement, or similar 
transaction with a foreign source and is 
based on the use or exchange of an institu-
tion’s name, likeness, time, services, or re-
sources, except as provided in subpara-
graph (B); and 
‘‘(B) does not include any agreement made 
by an institution located in the United States 
for the acquisition, by purchase, lease, or bar-
ter, of property or services from a foreign 
source; 
‘‘(2) the term ‘foreign source’ means— 
‘‘(A) a foreign government, including an 
agency of a foreign government; 
‘‘(B) a legal entity, governmental or other-
wise, created under the laws of a foreign state 
or states; 
‘‘(C) an individual who is not a citizen or 
a national of the United States or a trust terri-
tory or protectorate thereof; and 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
178 
‘‘(D) an agent, including a subsidiary or 
affiliate of a foreign legal entity, acting on be-
half of a foreign source; 
‘‘(3) the term ‘gift’ means any gift of money, 
property, resources, staff, or services; 
‘‘(4) the term ‘institution’ means an institution 
of higher education, as defined in section 102, or, if 
a multicampus institution, any single campus of 
such institution, in any State; and 
‘‘(5) the term ‘restricted or conditional gift or 
contract’ means any endowment, gift, grant, con-
tract, award, present, or property of any kind which 
includes provisions regarding— 
‘‘(A) the employment, assignment, or ter-
mination of faculty; 
‘‘(B) the establishment of departments, 
centers, institutes, instructional programs, re-
search or lecture programs, or new faculty posi-
tions; 
‘‘(C) the selection or admission of stu-
dents; or 
‘‘(D) the award of grants, loans, scholar-
ships, fellowships, or other forms of financial 
aid restricted to students of a specified country, 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
179 
religion, sex, ethnic origin, or political opin-
ion.’’. 
(b) POLICY REGARDING CONFLICTS OF INTEREST 
FROM FOREIGN GIFTS AND CONTRACTS.—Part B of title 
I of the Higher Education Act of 1965 (20 U.S.C. 1011 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 124. INSTITUTIONAL POLICY REGARDING FOREIGN 
GIFTS AND CONTRACTS TO FACULTY AND 
STAFF. 
‘‘(a) REQUIREMENT TO MAINTAIN POLICY
AND 
DATABASE.—Each institution of higher education de-
scribed in subsection (b) shall— 
‘‘(1) maintain a policy requiring faculty, profes-
sional staff, and other staff engaged in research and 
development (as determined by the institution) em-
ployed at such institution to disclose to such institu-
tion any gifts received from, or contracts entered 
into with, a foreign source; 
‘‘(2) maintain a searchable database of infor-
mation disclosed in paragraph (1) for the previous 
five years, except an institution shall not be required 
to include in the database gifts or contracts received 
or entered into before the date of enactment of the 
Securing America’s Future Act; and 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
180 
‘‘(3) maintain a plan to effectively identify and 
manage potential information gathering by foreign 
sources through espionage targeting faculty, profes-
sional staff, and other staff engaged in research and 
development (as determined by the institution) that 
may arise from gifts received from, or contracts en-
tered into with, a foreign source, including through 
the use of periodic communications and enforcement 
of the policy described in paragraph (1). 
‘‘(b) INSTITUTIONS.—An institution of higher edu-
cation shall be subject to the requirements of this section 
if such institution— 
‘‘(1) is an institution of higher education as de-
fined under section 102; and 
‘‘(2) had more than $5,000,000 in research and 
development expenditures in any of the previous five 
years. 
‘‘(c) SANCTIONS FOR NONCOMPLIANCE.— 
‘‘(1) IN
GENERAL.—As a sanction for non-
compliance with the requirements under this section, 
the Secretary may impose a fine on an institution 
that in any year knowingly or willfully violates this 
section, in an amount that is not less than $250 but 
not more than $1,000. 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
181 
‘‘(2) SECOND FAILURE.—In addition to a fine 
for a violation in accordance with paragraph (1), the 
Secretary shall impose a fine on an institution that 
knowingly, willfully, and repeatedly fails to comply 
with the requirements of this section in a second 
consecutive year in an amount that is not less than 
$1,000 but not more than $25,000. 
‘‘(3) THIRD AND ADDITIONAL FAILURES.—In 
addition to a fine for a violation in accordance with 
paragraph (1) or (2), the Secretary shall impose a 
fine on an institution that knowingly, willfully, and 
repeatedly fails to comply with the requirements of 
this section in a third consecutive year, or any con-
secutive year thereafter, in an amount that is not 
less than $25,000 but not more than $50,000. 
‘‘(4) ADMINISTRATIVE
FAILURES.—The Sec-
retary shall impose a fine on an institution that fails 
in 3 consecutive years to comply with the require-
ments of this section in an amount that is not less 
than $250 but not more than $25,000. 
‘‘(5) COMPLIANCE
PLAN
REQUIREMENT.—An 
institution that fails to comply with the require-
ments under this section for 2 consecutive years 
shall be required to submit a compliance plan to the 
Secretary. 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
182 
‘‘(d) DEFINITIONS.—In this section— 
‘‘(1) the terms ‘foreign source’ and ‘gift’ have 
the meaning given the terms in section 117; 
‘‘(2) the term ‘contract’ means any— 
‘‘(A) agreement for the acquisition by pur-
chase, lease, or barter of property or services by 
the foreign source, for the direct benefit or use 
of either of the parties; or 
‘‘(B) affiliation, agreement, or similar 
transaction with a foreign source based on the 
use or exchange of the name, likeness, time, 
services, or resources of faculty, professional 
staff, and other staff engaged in research and 
development (as determined by the institution); 
and 
‘‘(3) the term ‘professional staff’ means profes-
sional employees, as defined in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203).’’. 
(c) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Education shall begin the negotiated rulemaking 
process under section 492 of the Higher Education 
Act of 1965 (20 U.S.C. 1098a) to carry out the 
amendments made by subsections (a) and (b). 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
183 
(2) ISSUES.—Regulations issued pursuant to 
paragraph (1) to carry out the amendment made by 
subsection (a) shall, at a minimum, address the fol-
lowing issues: 
(A) Instructions on reporting structured 
gifts and contracts. 
(B) The inclusion in institutional reports 
of gifts received from, and contracts entered 
into with, foreign sources by entities and orga-
nizations, such as research foundations, that 
operate substantially for the benefit or under 
the auspices of the institution. 
(C) Procedures to protect confidential or 
proprietary information included in gifts and 
contracts. 
(D) The alignment of such regulations 
with the reporting and disclosure of foreign 
gifts or contracts required by other Federal 
agencies. 
(E) The treatment of foreign gifts or con-
tracts involving research or technologies identi-
fied as being associated with a national security 
risk or concern by the Federal Research Secu-
rity Council as described under section 7902 of 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
184 
title 31, United States Code, as added by sec-
tion 4493 of this Act. 
(3) EFFECTIVE DATE.—The amendments made 
by subsections (a) and (b) shall take effect on the 
date on which the regulations issued under para-
graph (1) take effect. 
TITLE 
VI—MATTERS 
RELATED 
TO 
DEMOCRACY, 
HUMAN 
RIGHTS AND TAIWAN 
SEC. 601. SUPPORTING A FREE AND DEMOCRATIC CHINA. 
It is the policy of the United States to support a free 
and democratic China which respects the human rights 
and civil liberties of the people of China. 
SEC. 602. AMERICAN INSTITUTE IN TAIWAN. 
The position of Director of the American Institute in 
Taiwan’s Taipei office shall be subject to the advice and 
consent of the Senate, and effective upon enactment of 
this Act shall have the title of Representative. 
SEC. 603. PROHIBITIONS AGAINST UNDERMINING UNITED 
STATES POLICY REGARDING TAIWAN. 
(a) FINDING.—Congress finds that the efforts by the 
Government of the People’s Republic of China (PRC) and 
the Chinese Communist Party to compel private United 
States businesses, corporations, and nongovernmental en-
tities to use PRC-mandated language to describe the rela-
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
185 
tionship between Taiwan and China are an intolerable at-
tempt to enforce political censorship globally and should 
be considered an attack on the fundamental underpinnings 
of all democratic and free societies, including the constitu-
tionally protected right to freedom of speech. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States Government, in coordination 
with United States businesses and nongovernmental enti-
ties, should formulate a code of conduct for interacting 
with the Government of the People’s Republic of China 
and the Chinese Communist Party and affiliated entities, 
the aim of which is— 
(1) to counter PRC sharp power operations, 
which threaten free speech, academic freedom, and 
the normal operations of United States businesses 
and nongovernmental entities; and 
(2) to counter PRC efforts to censor the way 
the world refers to issues deemed sensitive to the 
Government of the People’s Republic of China and 
Chinese Communist Party leaders, including issues 
related to Taiwan, Tibet, the Tiananmen Square 
Massacre, and the mass internment of Uyghurs and 
other Turkic Muslims, among many other issues. 
(c) PROHIBITION ON RECOGNITION OF PRC CLAIMS 
TO SOVEREIGNTY OVER TAIWAN.— 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS
186 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
(A) issues related to the sovereignty of 
Taiwan are for the people of Taiwan to decide 
through the democratic process they have estab-
lished; 
(B) the dispute between the People’s Re-
public of China and Taiwan must be resolved 
peacefully and with the assent of the people of 
Taiwan; 
(C) the primary obstacle to peaceful reso-
lution is the authoritarian nature of the PRC 
political system under one-party rule of the Chi-
nese Communist Party, which is fundamentally 
incompatible with Taiwan’s democracy; and 
(D) any attempt to coerce the people of 
Taiwan to accept a political arrangement that 
would subject them to direct or indirect rule by 
the PRC, including a ‘‘one country, two sys-
tems’’ framework, would constitute a grave 
challenge to United States security interests in 
the region. 
(2) STATEMENT OF POLICY.—It is the policy of 
the United States to oppose any attempt by the 
VerDate Sep 11 2014 
19:20 Sep 02, 2021
Jkt 019200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H4792.IH
H4792
pamtmann on DSKBC07HB2PROD with BILLS