Disclosure of foreign gifts made to military colleges

Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section: 2018. Military colleges: disclosures of foreign gifts (a) Disclosure report required (1) Whenever any military college receives a gift from a foreign source or enters into a covered contract, the value of which is $50,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source in a calendar year, the military college shall submit a report to the Secretary of Defense. (2) (A) Each report to the Secretary required by this subsection shall include the following: (i) With respect to gifts received from, or contracts entered into with, a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country. (ii) With respect to gifts received from, or contracts entered into with, a foreign government, the aggregate amount of such gifts and contracts received from such foreign government. (B) For purposes of subparagraph (A), the country to which a gift is attributable is— (i) with respect to a foreign source who is a natural person, the country of citizenship of the foreign source or, if the country of citizenship is unknown, the country in which the principal residence of the foreign source is located; and (ii) with respect to a foreign source that is a legal entity, the country of incorporation of the foreign source or, if the country of incorporation is unknown, the country in which the principal place of business of the foreign source is located. (3) Each report required under paragraph (1) shall be submitted to the Secretary not later than the earlier of the January 31 or July 31 immediately following the receipt of the gift or the entering into of the covered contract that causes a report to be required to be submitted under paragraph (1). (b) Additional disclosures for restricted and conditional gifts Not later than 30 days after the date on which a military college receives a restricted or conditional gift or contract from a foreign source, the military college shall submit a report to the Secretary containing the following: (1) For a restricted or conditional gift or contract involving a foreign source other than a foreign government— (A) the amount of the gift or contract, the date on which the gift was received or the contract was entered into, and a description of the conditions or restrictions on the gift or contract; (B) with respect to a foreign source that is a natural person, the country of citizenship of the foreign source or, if the country of citizenship is unknown, the country in which the principal residence of the foreign source is located; and (C) with respect to a foreign source that is a legal entity, the country of incorporation of the foreign source or, if the country of incorporation is unknown, the country in which the principal place of business of the foreign source is located. (2) For a restricted or conditional gift or contract involving a foreign source that is a foreign government— (A) the amount of the gift or contract, the date on which the gift was received or the contract was entered into, a description of the conditions or restrictions on the gift or contract; and (B) the name of the foreign government. (c) Public availability The Secretary shall make publicly available on an Internet website of the Department of Defense each report required to be submitted under this section. (d) Enforcement (1) Whenever it appears that a military college has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section. (2) For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, a military college shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement. (e) Annual report Not later than March 1 of each year, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on foreign gifts to military colleges during the preceding year. Each report shall include, for the year covered by the report, an identification of each foreign gift for which disclosure was required under subsection (a) or subsection (b) and for each such gift— (1) the foreign government or foreign source that provided the gift; (2) the military college that received the gift; (3) the dollar value of the gift; and (4) the purpose of the gift. (f) Definitions In this section: (1) The term covered contract means any agreement for the acquisition by purchase, lease, or barter of property or services by a foreign source for the direct benefit or use of any of the parties to the agreement. (2) The term foreign source means— (A) a foreign government, including an agency of a foreign government; (B) a legal entity, governmental or otherwise, created solely under the laws of a foreign state or multiple foreign states; (C) an individual who is not a citizen or a national of the United States; and (D) an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of an individual or entity described in subparagraph (A), (B), or (C). (3) The term gift — (A) means any gift of money, property, travel, or lodging expenses; and (B) with respect to a military college, includes gifts given to faculty, staff, and trustees of the military college. (4) The term military college means— (A) a senior military college described in section 2111a(f) of this title; or (B) a military junior college as defined for purposes of section 2107a of this title. (5) The term restricted or conditional gift or contract means an endowment, gift, grant, contract, award, or property of any kind that includes provisions regarding— (A) the employment, assignment, or termination of faculty; (B) the establishment of a department, center, research or lecture program, or new faculty position; (C) the selection or admission of a student; or (D) the award of a grant, loan, scholarship, fellowship, or other form of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion..