Text to be removed highlighted in red.
1 New Chapter; Reporting of Funding from Foreign Sources. Amend RSA by inserting after chapter 200-O the following new chapter:
CHAPTER 200-P
REPORTING OF FUNDING FROM FOREIGN SOURCES
200-P:1 Reporting of Funding from Foreign Sources.
I. As used in this section:
(a) "Contract" means any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties;
(b) "Foreign source" means:
(1) A foreign government, including an agency of a foreign government;
(2) A legal entity, governmental or otherwise, created solely under the laws of a foreign government;
(3) An individual who is not a citizen of the United States, a trust territory or protectorate thereof; and
(4) An agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source.
(c) "Reportable funding" means any contract, gift, grant, endowment, award, or donation, payment in exchange for services, capital investment, salary, wage, compensation, fee, or other monetary exchange, including any pledge, promise, agreement, or expressed intention by the foreign source to provide funding which exceeds $50,000 in value or is expected to exceed $50,000 in value over the projected length of the funding relationship between the covered institution and the foreign source.
(d) "Covered institution" means any institution, public or private, organized under the laws of or having a campus or place of business in this state, that:
(1) Is authorized to provide a program of education beyond secondary school within this state; and
(2) 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.
II. Except as provided in paragraph V, each covered institution shall provide on the first day of each calendar quarter a report detailing all reportable funding received by the covered institution from a foreign source during the previous calendar quarter. The report shall include:
(a) The amount of reportable funding received;
(b) A description of the type of reportable funding and the purpose thereof, including whether the funding reported is part of an ongoing relationship with the foreign source;
(c) A detailed description of the foreign source providing the funding, including the name and address of the entity or individual providing the funding; and
(d) A copy of any contract, agreement, pledge, or memorandum of understanding associated with the funding; and
III. The report required under paragraph II shall be public record and shall be posted and regularly updated on the department of education's website. A copy of the report shall be provided to the governor, the chair of the higher education committee of the house of representatives, and the chair of the higher education committee of the senate.
IV. The willful failure of a covered institution to report covered funding received from a foreign source shall result in a fine of up to $10,000 per incident, and forfeiture of any other received but unreported funds. The department of justice shall be empowered to enforce this section.
V. This shall not require reporting of payments made by a natural person who would otherwise qualify as a foreign source for tuition or related fees to support an individual matriculating as a student at a covered institution.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Chapter; Reporting of Funding from Foreign Sources. Amend RSA by inserting after chapter 200-O the following new chapter:
CHAPTER 200-P
REPORTING OF FUNDING FROM FOREIGN SOURCES
200-P:1 Reporting of Funding from Foreign Sources.
I. As used in this section:
(a) "Contract" means any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties;
(b) "Foreign source" means:
(1) A foreign government, including an agency of a foreign government;
(2) A legal entity, governmental or otherwise, created solely under the laws of a foreign government;
(3) An individual who is not a citizen of the United States, a trust territory or protectorate thereof; and
(4) An agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source.
(c) "Reportable funding" means any contract, gift, grant, endowment, award, or donation, payment in exchange for services, capital investment, salary, wage, compensation, fee, or other monetary exchange, including any pledge, promise, agreement, or expressed intention by the foreign source to provide funding which exceeds $50,000 in value or is expected to exceed $50,000 in value over the projected length of the funding relationship between the covered institution and the foreign source.
(d) "Covered institution" means any institution, public or private, organized under the laws of or having a campus or place of business in this state, that:
(1) Is authorized to provide a program of education beyond secondary school within this state; and
(2) 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.
II. Except as provided in paragraph V, each covered institution shall provide on the first day of each calendar quarter a report detailing all reportable funding received by the covered institution from a foreign source during the previous calendar quarter. The report shall include:
(a) The amount of reportable funding received;
(b) A description of the type of reportable funding and the purpose thereof, including whether the funding reported is part of an ongoing relationship with the foreign source;
(c) A detailed description of the foreign source providing the funding, including the name and address of the entity or individual providing the funding; and
(d) A copy of any contract, agreement, pledge, or memorandum of understanding associated with the funding; and
III. The report required under paragraph II shall be public record and shall be posted and regularly updated on the department of education's website. A copy of the report shall be provided to the governor, the chair of the higher education committee of the house of representatives, and the chair of the higher education committee of the senate.
IV. The willful failure of a covered institution to report covered funding received from a foreign source shall result in a fine of up to $10,000 per incident, and forfeiture of any other received but unreported funds. The department of justice shall be empowered to enforce this section.
V. This shall not require reporting of payments made by a natural person who would otherwise qualify as a foreign source for tuition or related fees to support an individual matriculating as a student at a covered institution.
2 Effective Date. This act shall take effect 60 days after its passage.