118 HR 4145 IH: Safeguarding American Education From Foreign Control Act U.S. House of Representatives 2023-06-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 118th CONGRESS1st Session H. R. 4145 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.

1.

Short title

This Act may be cited as the Safeguarding American Education From Foreign Control Act.

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.