Page:United States Statutes at Large Volume 112 Part 2.djvu/711

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PUBLIC LAW 105-244—OCT. 7, 1998 112 STAT. 1595 the United States, to request such court to compel compHance with the requirements of this section. "(2) COSTS. —For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, an institution 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. "(g) REGULATIONS. — The Secretary may promulgate regulations to carry out this section. "(h) DEFII^TIONS. — For the purpose of this section— "(1) the term '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; "(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 states; "(C) an individual who is not a citizen or a national of the United States or a trust temtory or protectorate thereof; and "(D) an agent, including a subisidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source; "(3) the term 'gift' means any gift of money or property; "(4) the term 'institution' means any institution, public or private, or, if a multicampus institution, any single campus of such institution, in any State, that— "(A) is legally authorized within such State to provide a program of education beyond secondary school; "(B) 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 more advanced degiees; and "(C) is accredited by a nationally recognized accrediting agency or association and to which institution FedersQ ftnancial assistance is extended (directly or indirectly through another entity or person), or which institution receives support from the extension of Federal financial assistance to any of the institution's subunits; and "(5) the term 'restricted or conditioned gift or contract' means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding— "(A) the employment, assignment, or termination of faculty; "(B) the establishment of departments, centers, research or lecture programs, or new faculty positions; "(C) the selection or admission of students; or "(D) the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion. "SEC. 118. APPLICATION OF PEER REVIEW PROCESS. 20 USC lOllg. "All applications submitted under the provisions of this Act which require peer review shall be read by a panel of readers