[Congressional Record Volume 167, Number 92 (Wednesday, May 26, 2021)]
[Senate]
[Page S3536]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2079. Mr. BROWN 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:

        After section 5212, insert the following:

     SEC. 5213. PROCESS TO SCREEN GIFTS AND CONTRACTS TO 
                   INSTITUTIONS OF HIGHER EDUCATION FROM THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall establish and 
     implement a process for the screening of gifts and contracts 
     described in subsection (b) to institutions of higher 
     education.
       (b) Gifts and Contracts Described.--A gift or contract 
     described in this subsection is any gift to an institution of 
     higher education from a Chinese person, or the entry into a 
     contract by such an institution with a Chinese person, if--
       (1)(A) the value of the gift or contract equals or exceeds 
     $1,000,000; or
       (B) the institution receives, directly or indirectly, more 
     than one gift from or enters into more than one contract, 
     directly or indirectly, with the same Chinese person for the 
     same purpose the aggregate value of which, during the period 
     of 2 consecutive calendar years, equals or exceeds 
     $1,000,000; and
       (2) the gift or contract--
       (A) relates to research, development, or production of 
     critical technologies and provides the Chinese person 
     potential access to any material nonpublic technical 
     information in the possession of the institution; or
       (B) is a restricted or conditional gift or contract (as 
     defined in section 117(h) of the Higher Education Act of 1965 
     (20 U.S.C. 1011f(h))) that establishes control.
       (c) Definitions.--In this section:
       (1) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China; or
       (B) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China.
       (2) Contract.--The term ``contract'' means any agreement 
     for the acquisition by purchase, lease, or barter of property 
     or services by a Chinese person, for the direct benefit or 
     use of either of the parties.
       (3) Gift.--The term ``gift'' means any gift of money or 
     property.
       (4) Institution of higher education.--The term 
     ``institution of higher education'' means any institution, 
     public or private, or, if a multicampus institution, any 
     single campus of such institution, in any State--
       (A) that is legally authorized within such State to provide 
     a program of education beyond secondary school;
       (B) that provides a program for which the institution 
     awards a bachelor's degree (or provides not less than a 2-
     year program which is acceptable for full credit toward such 
     a degree) or a more advanced degree;
       (C) that is accredited by a nationally recognized 
     accrediting agency or association; and
       (D) to which the Federal Government extends Federal 
     financial assistance (directly or indirectly through another 
     entity or person), or that receives support from the 
     extension of Federal financial assistance to any of the 
     institution's subunits.
       (5) Material nonpublic technical information.--The term 
     ``material nonpublic technical information'' has the meaning 
     given that term in section 721(a)(4)(D) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(a)(4)(D)).
                                 ______