GIFTs in Higher Education Act
Bill: S.2593 | Sponsor: Sen. Rubio, Marco (R-FL)
Policy area: Education

Summary:
Greater Insight into Foreign Transactions in Higher Education Act of 2021 or the GIFTs in Higher Education Act
This bill revises certain disclosure requirements for institutions of higher education (IHEs).
Under current law, an IHE must disclose to the Department of Education (ED) a gift or contract from a foreign source that is valued at $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source. This bill extends the disclosure requirement to include faculty, professional staff, and all staff engaged in research and development at the IHE.
Further, an IHE (including faculty and staff) must disclose to ED a gift or contract from a designated foreign adversary source that is valued at $50,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign adversary source within a calendar year. The IHE must, within 30 days of receipt of the gift or contract, file a disclosure report with ED.
ED must, within 30 days of submission, publish online these disclosure reports.
Next, the bill requires each federal agency to ensure that no federal funds are distributed to an IHE that knowingly or willfully violates these disclosure requirements.
The bill also prohibits an IHE that knowingly or willfully violates these disclosure requirements from receiving federal education funds, with an exception for federal student-aid program funding.

To amend the Higher Education Act of 1965 to improve Federal oversight 
                    of foreign funding in education.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Greater Insight into Foreign 
Transactions in Higher Education Act of 2021'' or the ``GIFTs in Higher 
Education Act''.

SEC. 2. FEDERAL OVERSIGHT OF FOREIGN FUNDING IN EDUCATION.

    Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) 
is amended--
            (1) in subsection (a), by inserting ``, including a member 
        of the faculty, professional staff, or other staff engaged in 
        research and development,'' after ``Whenever any institution'';
            (2) by redesignating subsections (b) through (g), and 
        subsection (h), as subsections (c) through (h), and subsection 
        (k), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Disclosures of Gifts and Contracts From Designated Foreign 
Adversary Sources.--
            ``(1) In general.--Notwithstanding subsection (a), whenever 
        any institution, including a member of the faculty, 
        professional staff, or other staff engaged in research and 
        development, receives a gift from or enters into a contract 
        with a designated foreign adversary source, the value of which 
        is $50,000 or more, considered alone or in combination with all 
        other gifts from or contracts with that designated foreign 
        adversary source within a calendar year, the institution shall 
        file a disclosure report with the Secretary not later than 30 
        days after the date of the receipt of the gift or entry into 
        the contract.
            ``(2) List of designated foreign adversary sources.--In 
        consultation with Congress, the Secretary of State may add 
        countries to the list of adversarial foreign governments in 
        subsection (k) but may not remove countries from that list.'';
            (4) in subsection (d) (as redesignated), by striking 
        ``subsection (b)'' and inserting ``subsection (c)'';
            (5) in subsection (e) (as redesignated), by striking 
        ``subsection (a)'' each place it appears and inserting 
        ``subsection (a) or (b)'';
            (6) in subsection (k) (as redesignated)--
                    (A) by redesignating paragraph (1) and paragraphs 
                (2) through (5) as paragraph 2 and paragraphs (4) 
                through (7), respectively;
                    (B) by inserting before paragraph (2) (as 
                redesignated) the following:
            ``(1) the term `adversarial foreign government' means--
                    ``(A) the People's Republic of China;
                    ``(B) the Russian Federation;
                    ``(C) the Democratic People's Republic of Korea;
                    ``(D) the Islamic Republic of Iran;
                    ``(E) the Republic of Cuba;
                    ``(F) the Syrian Arab Republic;
                    ``(G) the regime of Nicolas Maduro in Venezuela; 
                and
                    ``(H) the government of any other country 
                designated as an adversarial foreign government for 
                purposes of this section by the Secretary of State, in 
                accordance with subsection (b)(2);''; and
                    (C) by inserting after paragraph (2) (as 
                redesignated) the following:
            ``(3) the term `designated foreign adversary source' 
        means--
                    ``(A) an adversarial foreign government, including 
                an agency of an adversarial foreign government;
                    ``(B) a legal entity, governmental or otherwise, 
                organized solely under the laws of a country described 
                in paragraph (1);
                    ``(C) an individual who is a citizen or national of 
                such a country; and
                    ``(D) an agent, including a subsidiary or affiliate 
                of a legal entity of an adversarial foreign government, 
                acting on behalf of an adversarial foreign 
                government;''; and
            (7) by inserting after subsection (h) (as redesignated) the 
        following:
    ``(i) Publication of Foreign Gift Disclosures.--
            ``(1) Disclosure of gifts or contracts from foreign 
        sources.--Not later than 30 days after the deadline for 
        submission of a disclosure report under subsection (a), the 
        Secretary shall make the contents of the disclosure report 
        available online.
            ``(2) Disclosure of gifts or contracts from designated 
        foreign adversary sources.--Not later than 30 days after 
        receipt of a disclosure report submitted under subsection (b), 
        the Secretary shall make the contents of the disclosure report 
        available online.
    ``(j) Agency Coordination.--The Secretary shall coordinate with 
other Federal agencies, as appropriate, to ensure that other Federal 
agencies have access to disclosure reports submitted under this section 
and any information or documentation relating to disclosure reports 
submitted under this section.''.

SEC. 3. ENSURING COMPLIANCE WITH REPORTING REQUIREMENTS.

    (a) In General.--Each Federal agency shall ensure that no Federal 
funds under the jurisdiction of that agency are distributed to an 
institution that is knowingly or willfully in violation of section 117 
of the Higher Education Act of 1965 (20 U.S.C. 1011f), as determined by 
the head of the relevant agency.
    (b) Department of Education.--An institution that is knowingly or 
willfully in violation of section 117 of the Higher Education Act of 
1965 (20 U.S.C. 1011f), as determined by the Secretary of Education, 
shall not be eligible to receive Federal funds distributed by the 
Department of Education, except funds provided under title IV of the 
Higher Education Act of 1965.
    (c) Definition of Institution.--In this section, the term 
``institution'' has the meaning given that term in section 117 of the 
Higher Education Act of 1965 (20 U.S.C. 1011f).

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on June 30 
of the year following the year of enactment of this Act.
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