118 S2856 IS: Safeguarding American Education From Foreign Control Act U.S. Senate 2023-09-20 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.

II118th CONGRESS1st SessionS. 2856IN THE SENATE OF THE UNITED STATESSeptember 20, 2023Mr. Vance (for himself, Mr. Braun, Mr. Hawley, Mr. Budd, and Mr. Tuberville) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo 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 this subsection, the threshold value of a gift from or contract with 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; reporting

(1)

Transmission of reports, documents, and records

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.(2)

Report to the Secretary of State

The Secretary of Education shall transmit periodic reports to the Secretary of State regarding disclosures made under this section.; (4)in subsection (g), as redesignated by paragraph (2), by adding at the end the following:(3)

Investigation

Whenever the Secretary receives credible information about potential noncompliance under this section regarding a covered nation, the Secretary shall initiate an investigation under this section.(4)

Requests by other agencies

The Director of the Federal Bureau of Investigation and the Director of National Intelligence may request that the Attorney General bring a civil action to compel compliance with this section, as described in paragraph (1).; and(5)in subsection (i), as redesignated by paragraph (2)—(A)by redesignating paragraphs (2) through (5) as paragraphs (3) through (6); and(B)by inserting after paragraph (1) the following new paragraph:(2)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

(1)

In General

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—(A)a copy of 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 (while the Department of Education shall retain the original); and(B)a copy of the entire record generated by the Department of Education in the course of an investigation into the compliance of an institution with such section (including any past investigation since the enactment of such section), including any email, report, document, or other record (while the Department of Education shall retain the original).(2)

New investigations

In the case of a new investigation under section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) after the date of enactment of this Act, the Secretary of Education shall—(A)notify the Director of the Federal Bureau of Investigation and the Director of National Intelligence when such an investigation is opened;(B)submit the entire record of such investigation (as described in paragraph (1)) not more than 90 days after the completion of such investigation; and(C)retain original records as described in paragraph (1).