[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4145 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4145

    To amend the Higher Education Act of 1965 to require additional 
   disclosures relating to gifts and contracts from foreign sources.


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                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2023

 Mr. Banks (for himself, Mr. Arrington, Mr. Moolenaar, Mr. Williams of 
 New York, Mr. Nehls, and Mr. Grothman) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To amend the Higher Education Act of 1965 to require additional 
   disclosures relating to gifts and contracts from foreign sources.

    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 ``Safeguarding American Education From 
Foreign Control Act''.

SEC. 2. DISCLOSURES OF FOREIGN GIFTS.

    (a) Additional Disclosures Required.--Section 117 of the Higher 
Education Act of 1965 (20 U.S.C. 1011f) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Disclosure Report.--
            ``(1) In general.--Whenever any institution is owned or 
        controlled by a foreign source, or receives a gift from or 
        enters into a contract with a foreign source that equals or 
        exceeds the threshold value described in paragraph (2), the 
        institution shall file a disclosure report with the Secretary 
        on January 31 or July 31, whichever is sooner.
            ``(2) Threshold value.--For purposes of subsection (a), the 
        threshold value of a gift from or contract from a foreign 
        source is--
                    ``(A) in the case of a foreign source that is not 
                associated with a covered nation, $250,000 or more, 
                considered alone or in combination with all other gifts 
                from or contracts with that foreign source within a 
                calendar year; and
                    ``(B) in the case of a foreign source that is 
                associated with a covered nation, a gift or contract of 
                any value.'';
            (2) by redesignating subsections (d) through (h) as 
        subsections (e) through (i), respectively;
            (3) by inserting after subsection (c) the following:
    ``(d) Additional Submissions.--Not later than 10 days after 
receiving a disclosure report, document, or other record from an 
institution under this section, the Secretary shall transmit a copy of 
such report, document, or record to the Director of the Federal Bureau 
of Investigation and the Director of National Intelligence.''; and
            (4) in subsection (i), as so redesignated--
                    (A) by redesignating paragraphs (1) through (5) as 
                paragraphs (2) through (6); and
                    (B) by inserting before paragraph (2), as so 
                redesignated, the following new paragraph:
            ``(1) the term `covered nation' has the meaning given that 
        term in section 4872(d)(2) of title 10, United States Code;''.
    (b) Transmittal of Records to FBI and DNI.--Not later than 90 days 
after the date of the enactment of this Act, the Secretary of Education 
shall transmit to the Director of the Federal Bureau of Investigation 
and the Director of National Intelligence--
            (1) any report, document, or other record received by the 
        Department of Education under section 117 of the Higher 
        Education Act of 1965 (20 U.S.C. 1011f), regardless of the date 
        on which the record was received or the status of the case to 
        which the record pertains; and
            (2) any report, document, or other record generated by the 
        Department of Education in the course of an investigation into 
        the compliance of an institution with such section.
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