[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Page S3072]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 892. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1083. FEDERAL OVERSIGHT OF FOREIGN FUNDING IN EDUCATION.

       (a) In General.--Section 117 of the Higher Education Act of 
     1965 (20 U.S.C. 1011f) is amended--
       (1) in subsection (a), by inserting ``, including a member 
     of the faculty, professional staff, or other staff engaged in 
     research and development,'' after ``Whenever any 
     institution'';
       (2) by redesignating subsections (b) through (g), and 
     subsection (h), as subsections (c) through (h), and 
     subsection (k), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Disclosures of Gifts and Contracts From Designated 
     Foreign Adversary Sources.--
       ``(1) In general.--Notwithstanding subsection (a), whenever 
     any institution, including a member of the faculty, 
     professional staff, or other staff engaged in research and 
     development, receives a gift from or enters into a contract 
     with a designated foreign adversary source, the value of 
     which is $50,000 or more, considered alone or in combination 
     with all other gifts from or contracts with that designated 
     foreign adversary source within a calendar year, the 
     institution shall file a disclosure report with the Secretary 
     not later than 30 days after the date of the receipt of the 
     gift or entry into the contract.
       ``(2) List of designated foreign adversary sources.--In 
     consultation with Congress, the Secretary of State may add 
     countries to the list of adversarial foreign governments in 
     subsection (k) but may not remove countries from that 
     list.'';
       (4) in subsection (d) (as redesignated), by striking 
     ``subsection (b)'' and inserting ``subsection (c)'';
       (5) in subsection (e) (as redesignated), by striking 
     ``subsection (a)'' each place it appears and inserting 
     ``subsection (a) or (b)'';
       (6) in subsection (k) (as redesignated)--
       (A) by redesignating paragraph (1) and paragraphs (2) 
     through (5) as paragraph (2) and paragraphs (4) through (7), 
     respectively;
       (B) by inserting before paragraph (2) (as redesignated) the 
     following:
       ``(1) the term `adversarial foreign government' means--
       ``(A) the People's Republic of China;
       ``(B) the Russian Federation;
       ``(C) the Democratic People's Republic of Korea;
       ``(D) the Islamic Republic of Iran;
       ``(E) the Republic of Cuba;
       ``(F) the Syrian Arab Republic;
       ``(G) the regime of Nicolas Maduro in Venezuela; and
       ``(H) the government of any other country designated as an 
     adversarial foreign government for purposes of this section 
     by the Secretary of State, in accordance with subsection 
     (b)(2);''; and
       (C) by inserting after paragraph (2) (as redesignated) the 
     following:
       ``(3) the term `designated foreign adversary source' 
     means--
       ``(A) an adversarial foreign government, including an 
     agency of an adversarial foreign government;
       ``(B) a legal entity, governmental or otherwise, organized 
     solely under the laws of a country described in paragraph 
     (1);
       ``(C) an individual who is a citizen or national of such a 
     country; and
       ``(D) an agent, including a subsidiary or affiliate of a 
     legal entity of an adversarial foreign government, acting on 
     behalf of an adversarial foreign government;''; and
       (7) by inserting after subsection (h) (as redesignated) the 
     following:
       ``(i) Publication of Foreign Gift Disclosures.--
       ``(1) Disclosure of gifts or contracts from foreign 
     sources.--Not later than 30 days after the deadline for 
     submission of a disclosure report under subsection (a), the 
     Secretary shall make the contents of the disclosure report 
     available online.
       ``(2) Disclosure of gifts or contracts from designated 
     foreign adversary sources.--Not later than 30 days after 
     receipt of a disclosure report submitted under subsection 
     (b), the Secretary shall make the contents of the disclosure 
     report available online.
       ``(j) Agency Coordination.--The Secretary shall coordinate 
     with other Federal agencies, as appropriate, to ensure that 
     other Federal agencies have access to disclosure reports 
     submitted under this section and any information or 
     documentation relating to disclosure reports submitted under 
     this section.''.
       (b) Ensuring Compliance With Reporting Requirements.--
       (1) In general.--Each Federal agency shall ensure that no 
     Federal funds under the jurisdiction of that agency are 
     distributed to an institution that is knowingly or willfully 
     in violation of section 117 of the Higher Education Act of 
     1965 (20 U.S.C. 1011f), as determined by the head of the 
     relevant agency.
       (2) Department of education.--An institution that is 
     knowingly or willfully in violation of section 117 of the 
     Higher Education Act of 1965 (20 U.S.C. 1011f), as determined 
     by the Secretary of Education, shall not be eligible to 
     receive Federal funds distributed by the Department of 
     Education, except funds provided under title IV of the Higher 
     Education Act of 1965.
       (3) Definition of institution.--In this subsection, the 
     term ``institution'' has the meaning given that term in 
     section 117 of the Higher Education Act of 1965 (20 U.S.C. 
     1011f).
       (c) Effective Date.--This section and the amendments made 
     by this section take effect on June 30 of the year following 
     the year of enactment of this section.
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