S.Amdt. 2079

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)).
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