[Congressional Record Volume 167, Number 90 (Monday, May 24, 2021)]
[Senate]
[Pages S3368-S3369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1957. Ms. ERNST (for herself, Mr. Cramer, and Mr. Sullivan) 
submitted an amendment intended to be proposed to amendment SA 1502 
proposed by Mr. Schumer to the bill S. 1260, to establish a new 
Directorate for Technology and Innovation in the National Science 
Foundation, to establish a regional technology hub program, to require 
a strategy and report on economic security, science, research, 
innovation, manufacturing, and job creation, to establish a critical 
supply chain resiliency program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title V of division B, add the following:

     SEC. 2528. DENIAL OF FUNDS FOR PREVENTING GOVERNMENT AGENCY 
                   ACCESS TO CAMPUS.

       (a) Denial of Funds for Preventing Government Agency Access 
     to Campus.--No funds described in subsection (c)(1) may be 
     provided by contract or by grant to an institution of higher 
     education (including any subelement of such institution) if 
     the Director determines that the institution (or any 
     subelement of that institution) has a policy or practice 
     (regardless of when implemented) that either prohibits, or in 
     effect prevents--
       (1) the government agencies or organizations from gaining 
     access to campuses, or access to students (who are 17 years 
     of age or older) on campuses, for purposes of recruiting in a 
     manner that is at least equal in quality and scope to the 
     access to campuses and to students that is provided to any 
     other employer; or
       (2) access by government recruiters for purposes of 
     government recruiting to the following information pertaining 
     to students (who are 17 years of age or older) enrolled at 
     that institution (or any subelement of that institution):
       (A) Names, addresses, electronic mail addresses (which 
     shall be the electronic mail addresses provided by the 
     institution, if available), and telephone listings.
       (B) Date and place of birth, levels of education, academic 
     majors, degrees received, and the most recent educational 
     institution enrolled in by the student.
       (b) Exceptions.--
       (1) In general.--The limitation established in subsection 
     (a) shall not apply to an institution of higher education (or 
     any subelement of that institution) if the Director 
     determines that the institution (and each subelement of that 
     institution) has ceased the policy or practice described in 
     that subsection.
       (2) Decline release.--A parent of a student who has not yet 
     turned 18 years of age and any student have the option to 
     decline release of the student's name, address, electronic 
     mail address, telephone listing, and all other information to 
     requesting government agencies or organizations.
       (c) Covered Funds.--
       (1) In general.--Except as provided in paragraph (2), the 
     limitations established in subsection (a) apply to the 
     following:
       (A) Any funds made available for the Foundation.
       (B) Any funds made available for any department or agency 
     for which regular appropriations are made in a Departments of 
     Labor, Health and Human Services, and Education, and Related 
     Agencies Appropriations Act.
       (C) Any funds made available for the Department of Homeland 
     Security.
       (D) Any funds made available for the National Nuclear 
     Security Administration of the Department of Energy.
       (E) Any funds made available for the Department of 
     Transportation.

[[Page S3369]]

       (F) Any funds made available for the Central Intelligence 
     Agency.
       (2) Amounts available for students.--Any Federal funding 
     specified in paragraph (1) that is provided to an institution 
     of higher education, or to an individual, to be available 
     solely for student financial assistance, related 
     administrative costs, or costs associated with attendance, 
     may be used for the purpose for which the funding is 
     provided.
       (d) Notice of Determinations.--Whenever the Director makes 
     a determination under subsection (a), (b), or (c), the 
     Director--
       (1) shall transmit a notice of the determination to the 
     Secretary of Education and to the head of each other 
     department and agency the funds of which are subject to the 
     determination; and
       (2) shall publish in the Federal Register a notice of the 
     determination and the effect of the determination on the 
     eligibility of the institution of higher education (and any 
     subelement of that institution) for contracts and grants.
                                 ______