[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.
______