S.Amdt. 1957

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.
______