I 
119TH CONGRESS 
1ST SESSION H. R. 1999 
To amend the Higher Education Act of 1965 to require staff and faculty 
to report foreign gifts and contracts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 10, 2025 
Mr. JAMES (for himself and Ms. FOXX) introduced the following bill; which 
was referred to the Committee on Education and Workforce 
A BILL 
To amend the Higher Education Act of 1965 to require 
staff and faculty to report foreign gifts and contracts, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Disclose Getting In-
volved in Foreign Transactions Act’’ or the ‘‘Disclose 
GIFT Act’’. 
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SEC. 2. POLICY REGARDING CONFLICTS OF INTEREST 
FROM FOREIGN GIFTS AND CONTRACTS. 
The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.) is amended by inserting after section 117 the fol-
lowing: 
‘‘SEC. 117A. INSTITUTIONAL POLICY REGARDING FOREIGN 
GIFTS AND CONTRACTS TO FACULTY AND 
STAFF. 
‘‘(a) REQUIREMENT TO MAINTAIN POLICY
AND 
DATABASE.—Beginning not later than 90 days after the 
date of enactment of the Disclose GIFT Act, each institu-
tion described in subsection (b) shall maintain— 
‘‘(1) a policy requiring covered individuals em-
ployed at the institution to disclose in a report to 
such institution on July 31 of each calendar year 
that begins after the year in which such enactment 
date occurs— 
‘‘(A) any gift received from a foreign 
source in the previous calendar year, the value 
of which is greater than the minimal value (as 
such term is defined in section 7342(a) of title 
5, United States Code) or is of undetermined 
value, and including the date on which the gift 
was received; 
‘‘(B) any contract with a foreign source 
(other than a foreign country of concern or for-
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eign entity of concern) entered into or in effect 
during the previous calendar year, the value of 
which is $5,000 or more, considered alone or in 
combination with all other contracts with that 
foreign source within the calendar year, and in-
cluding the date on which such contract is en-
tered into, the date on which the contract first 
takes effect, and, as applicable, the date on 
which such contract terminates; 
‘‘(C) any contract with a foreign source 
(other than a foreign country of concern or for-
eign entity of concern) entered into or in effect 
during the previous calendar year that has an 
undetermined monetary value, and including 
the date on which such contract is entered into, 
the date on which the contract first takes ef-
fect, and, as applicable, the date on which such 
contract terminates; and 
‘‘(D) any contract entered into or in effect 
with a foreign country of concern or foreign en-
tity of concern during the previous calendar 
year, the value of which is $0 or more or which 
has an undetermined monetary value, and in-
cluding— 
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‘‘(i) the date on which such contract 
is entered into; 
‘‘(ii) the date on which the contract 
first takes effect; 
‘‘(iii) if the contract has a termination 
date, such termination date; and 
‘‘(iv) the full text of such contract and 
any addenda; 
‘‘(2) a publicly available and searchable data-
base (in electronic and downloadable format), on a 
website of the institution, of the information re-
quired to be disclosed under paragraph (1) (other 
than the name or any other personally identifiable 
information of a covered individual) that— 
‘‘(A) makes available the information dis-
closed under paragraph (1) (other than the 
name or any other personally identifiable infor-
mation of a covered individual) beginning on 
the date that is 30 days after receipt of the re-
port under such paragraph containing such in-
formation and until the latest of— 
‘‘(i) the date that is 5 years after the 
date on which— 
‘‘(I) a gift referred to in para-
graph (1)(A) is received; or 
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‘‘(II) a contract referred to in 
subparagraph (B), (C) or (D) of para-
graph (1) first takes effect; or 
‘‘(ii) the date on which a contract re-
ferred to in subparagraph (B), (C) or (D) 
of paragraph (1) terminates; and 
‘‘(B) is searchable and sortable— 
‘‘(i) if the subject of the disclosure is 
a gift, by the date on which the gift is re-
ceived; 
‘‘(ii) if the subject of the disclosure is 
a contract— 
‘‘(I) by the date on which such 
contract is entered into; and 
‘‘(II) by the date on which such 
contract first takes effect; 
‘‘(iii) by the attributable country with 
respect to which information is being dis-
closed; 
‘‘(iv) by the narrowest of the depart-
ment, school, or college of the institution, 
as applicable, for which the individual 
making the disclosure works; and 
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‘‘(v) by the name of the foreign source 
(other than a foreign source who is a nat-
ural person); and 
‘‘(3) an effective plan to identify and manage 
potential information gathering by foreign sources 
through espionage targeting covered individuals that 
may arise from gifts received from, or contracts en-
tered into with, a foreign source, including through 
the use of— 
‘‘(A) periodic communications; 
‘‘(B) accurate reporting under paragraph 
(2) of the information required to be disclosed 
under paragraph (1); and 
‘‘(C) enforcement of the policy described in 
paragraph (1); and 
‘‘(4) for purposes of investigations under sec-
tion 117B(a)(1) or responses to requests under sec-
tion 552 of title 5, United States Code (commonly 
known as the ‘Freedom of Information Act’), a 
record of the names of the individuals making disclo-
sures under paragraph (1). 
‘‘(b) INSTITUTIONS.—An institution shall be subject 
to the requirements of this section if such institution— 
‘‘(1) is an eligible institution for the purposes 
of any program authorized under title IV; and 
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‘‘(2)(A) received more than $50,000,000 in 
Federal funds in any of the previous five calendar 
years to support (in whole or in part) research and 
development (as determined by the institution and 
measured by the Higher Education Research and 
Development Survey of the National Center for 
Science and Engineering Statistics); or 
‘‘(B) receives funds under title VI. 
‘‘(c) DEFINITIONS.—In this section— 
‘‘(1) the term ‘attributable country’ means— 
‘‘(A) the country of citizenship of a foreign 
source who is a natural person, or, if such 
country is unknown, the principal residence (as 
applicable) of such foreign source; or 
‘‘(B) the country of incorporation of a for-
eign source that is a legal entity, or, if such 
country is unknown, the principal place of busi-
ness (as applicable) of such foreign source. 
‘‘(2) the term ‘contract’ means— 
‘‘(A) any agreement for the acquisition by 
purchase, lease, or barter of property or serv-
ices by the foreign source; 
‘‘(B) any affiliation, agreement, or similar 
transaction with a foreign source that involves 
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the use or exchange of an institution’s name, 
likeness, time, services, or resources; and 
‘‘(C) any agreement for the acquisition by 
purchase, lease, or barter, of property or serv-
ices from a foreign source (other than an arms- 
length agreement for such acquisition from a 
foreign source that is not a foreign country of 
concern or a foreign entity of concern); and 
‘‘(3) the term ‘covered individual’— 
‘‘(A) has the meaning given such term in 
section 223(d) of the William M. (Mac) Thorn-
berry National Defense Authorization Act for 
Fiscal Year 2021 (42 U.S.C. 6605); and 
‘‘(B) shall be interpreted in accordance 
with the Guidance for Implementing National 
Security Presidential Memorandum 33 (NSPM– 
33) 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 2022 (or 
any successor guidance). 
‘‘(4) the term ‘foreign source’ means— 
‘‘(A) a foreign government, including an 
agency of a foreign government; 
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‘‘(B) a legal entity, governmental or other-
wise, created under the laws of a foreign state 
or states; 
‘‘(C) a legal entity, governmental or other-
wise, substantially controlled (as described in 
section 668.174(c)(3) of title 34, Code of Fed-
eral Regulations) (or successor regulations)) by 
a foreign source; 
‘‘(D) a natural person who is not a citizen 
or a national of the United States or a trust 
territory or protectorate thereof; 
‘‘(E) an agent of a foreign source, includ-
ing— 
‘‘(i) a subsidiary or affiliate of a for-
eign legal entity, acting on behalf of a for-
eign source; 
‘‘(ii) a person that operates primarily 
for the benefit of, or under the auspices of, 
a foreign source, including a foundation or 
a related entity (such as any educational, 
cultural, or language entity); and 
‘‘(iii) a person who is an agent of a 
foreign principal (as such term is defined 
in section 1 of the Foreign Agents Reg-
istration Act of 1938 (22 U.S.C. 611); and 
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‘‘(F) an international organization (as such 
term is defined in the International Organiza-
tions Immunities Act (22 U.S.C. 288)). 
‘‘(5) the term ‘gift’— 
‘‘(A) means any gift of money, property, 
resources, staff, or services; and 
‘‘(B) does not include— 
‘‘(i) any payment of one or more ele-
ments of a student’s cost of attendance (as 
such term is defined in section 472) to an 
institution by, or scholarship from, a for-
eign 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 student), made for not more than 15 
students, and that is not made under a re-
stricted or conditional contract with such 
foreign source; 
‘‘(ii) assignment or license of reg-
istered industrial and intellectual property 
rights, such as patents, utility models, 
trademarks, or copyrights, or technical as-
sistance, that are not associated with a 
category listed in the Commerce Control 
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List maintained by the Bureau of Industry 
and Security of the Department of Com-
merce and set forth in Supplement No. 1 
to part 774 of title 15, Code of Federal 
Regulations (or successor regulations); or 
‘‘(iii) decorations (as such term is de-
fined in section 7342(a) of title 5, United 
States Code).’’. 
SEC. 3. ENFORCEMENT AND OTHER GENERAL PROVISIONS. 
(a) ENFORCEMENT AND OTHER GENERAL PROVI-
SIONS.—The Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.), as amended by this Act, is further amended 
by inserting after section 117A the following: 
‘‘SEC. 117B. ENFORCEMENT; SINGLE POINT-OF-CONTACT; 
INSTITUTIONAL REQUIREMENTS. 
‘‘(a) ENFORCEMENT.— 
‘‘(1) INVESTIGATION.—The Secretary (acting 
through the General Counsel of the Department) 
shall conduct investigations of possible violations of 
section 117A and subsection (c) of this section by 
institutions and, whenever it appears that an institu-
tion has knowingly or willfully failed to comply with 
a requirement of any of such provisions (including 
any rule or regulation promulgated under any such 
provision), shall request that the Attorney General 
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bring a civil action in accordance with paragraph 
(2). 
‘‘(2) 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 (1) (including any rule or regula-
tion promulgated under any such provision) based 
on an investigation under such paragraph, a civil ac-
tion shall be brought by the Attorney General, at the 
request of the Secretary, in an appropriate district 
court of the United States, or the appropriate 
United States court of any territory or other place 
subject to the jurisdiction of the United States, to 
request such court to compel compliance with the re-
quirement of the provision that has been violated. 
‘‘(3) COSTS AND OTHER FINES.—An institution 
that is compelled to comply with a requirement of a 
provision listed in paragraph (1) pursuant to para-
graph (2) shall— 
‘‘(A) pay to the Treasury of the United 
States the full costs to the United States of ob-
taining compliance with the requirement of such 
provision, including all associated costs of inves-
tigation and enforcement; and 
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‘‘(B) if applicable, be subject to the appli-
cable fines described in paragraph (4). 
‘‘(4) FINES FOR VIOLATIONS.—The Secretary 
shall impose a fine on an institution that is com-
pelled to comply with a requirement of section 117A 
pursuant to paragraph (2) as follows: 
‘‘(A) FIRST-TIME
VIOLATIONS.—In the 
case of an institution that is compelled to com-
ply with a requirement of section 117A pursu-
ant to a civil action described in paragraph (2), 
and that has not previously been compelled to 
comply with any such requirement pursuant to 
such a civil action, the Secretary shall impose 
a fine on the institution for such violation in an 
amount that is the greater of— 
‘‘(i) $250,000; or 
‘‘(ii) the total amount of gifts or con-
tracts that the institution is compelled to 
report pursuant to such civil action. 
‘‘(B) SUBSEQUENT
VIOLATIONS.—In the 
case of an institution that has previously been 
compelled to comply with a requirement of sec-
tion 117A pursuant to a civil action described 
in paragraph (2), and is subsequently compelled 
to comply with such a requirement pursuant to 
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a subsequent civil action described in paragraph 
(2), the Secretary shall impose a fine on the in-
stitution in an amount that is the greater of— 
‘‘(i) $500,000; or 
‘‘(ii) twice the total amount of gifts or 
contracts that the institution is compelled 
to report pursuant to such civil action. 
‘‘(b) SINGLE POINT-OF-CONTACT AT THE DEPART-
MENT.—The Secretary shall maintain a single point-of- 
contact at the Department to— 
‘‘(1) receive and respond to inquiries and re-
quests for technical assistance from institutions re-
garding compliance with the requirements of section 
117A and subsection (c) of this section; 
‘‘(2) provide, every 90 days after the date of en-
actment of the status updates on any pending or 
completed investigations and civil actions under sub-
section (a)(1) to— 
‘‘(A) the authorizing committees; and 
‘‘(B) any institution that is the subject of 
such investigation or action; 
‘‘(3) 
maintain, 
on 
a 
publicly 
accessible 
website— 
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‘‘(2) DUTIES
OF
COMPLIANCE
OFFICERS.—A 
compliance officer designated by an institution under 
paragraph (1)(B) shall certify, whenever the institu-
tion is subject to the requirements of section 117A, 
that the institution— 
‘‘(A) is in compliance with the require-
ments of such section; and 
‘‘(B) followed the institutional policy estab-
lished under paragraph (1)(A). 
‘‘(d) DEFINITIONS.—For purposes of section 117A 
and this section: 
‘‘(1) FOREIGN
COUNTRY
OF
CONCERN.—The 
term ‘foreign country of concern’ means the fol-
lowing: 
‘‘(A) Any covered nation defined in section 
4872 of title 10, United States Code. 
‘‘(B) Any country the Secretary, in con-
sultation with the Secretary of Defense, the 
Secretary of State, and the Director of National 
Intelligence, determines, for purposes of section 
117A or this section, to be engaged in conduct 
that is detrimental to the national security or 
foreign policy of the United States. 
‘‘(2) FOREIGN
ENTITY
OF
CONCERN.—The 
term ‘foreign entity of concern’ has the meaning 
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given such term in section 10612(a) of the Research 
and Development, Competition, and Innovation Act 
(42 U.S.C. 19221(a)) and includes a foreign entity 
that is identified on the list published under section 
1286(c)(8)(A) of the John S. McCain National De-
fense Authorization Act for Fiscal Year 2019 (10 
U.S.C. 22 4001 note; Public Law 115–232). 
‘‘(3) 
INSTITUTION.—The 
term 
‘institution’ 
means an institution of higher education (as such 
term is defined in section 102, other than an institu-
tion described in subsection (a)(1)(C) of such sec-
tion).’’. 
(b) PROGRAM PARTICIPATION AGREEMENT.—Section 
487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094) is amended by adding at the end the following: 
‘‘(30)(A) An institution will comply with the re-
quirements of sections 117A and 117B(c). 
‘‘(B) In the case of an institution described in 
subparagraph (C), the institution will— 
‘‘(i) be ineligible to participate in the pro-
grams authorized by this title for a period of 
not less than 2 institutional fiscal years; and 
‘‘(ii) in order to regain eligibility to partici-
pate in such programs, demonstrate compliance 
with all requirements of each such section for 
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not less than 2 institutional fiscal years after 
the institutional fiscal year in which such insti-
tution became ineligible. 
‘‘(C) An institution described in this subpara-
graph is an institution that has been subject to 3 
separate 
civil 
actions 
described 
in 
section 
117B(a)(2) that have each resulted in the institution 
being compelled to comply with one or more require-
ments of section 117A or 117B(c).’’. 
(c) GAO STUDY AND REPORT.— 
(1) STUDY.—Not later than 180 days after the 
date of enactment of this Act, the Comptroller Gen-
eral of the United States shall initiate a study to 
identify ways to improve intergovernmental agency 
coordination regarding implementation and enforce-
ment of sections 117A and 117B(c) of the Higher 
Education Act of 1965 (20 U.S.C. 1011f), as added 
by this Act, including increasing information shar-
ing, increasing compliance rates, and establishing 
processes for enforcement. 
(2) REPORT.—Not later than 3 years after the 
date of enactment of this Act, the Comptroller Gen-
eral of the United States shall submit to Congress, 
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and make public, a report containing the results of 
the study described in paragraph (1). 
Æ 
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