Section 1 Short title
This Act may be cited as the “Government Integrity is Not for Trade or Sale Act of 2021” or the “GIFTS Act of 2021”.
Government Integrity is Not for Trade or Sale Act
A BILL
To direct any entity of the Federal Government accepting a gift or donation to include certain conditions in the contract or agreement to accept such gift or donation, and for other purposes.
Sec. 2 Conditions for donation agreement
In general— Any covered contract entered into by an entity of the Federal Government, including an agency or an instrumentality, shall include terms and conditions agreed upon by any party to such contract that include prescriptive requirements that reflect the termination conditions described in subsection (b).
Termination conditions— The entity of the Federal Government described in subsection (a) may revoke any rights to name, designate, or redesignate the subject of any gift or donation (referred to in this section as “naming rights”) contained in the contract described in such subsection without incurring liability or creating an obligation to return the gift or donation that is the subject of such contract to the donor under the following conditions:
A certain period of time has elapsed after the date of the contract, given that such period—
is at least 20 years; or
is otherwise agreed to by such entity and the donor.
In the reasonable view of such entity—
an act, including a criminal act or an ethical violation, has been committed before, on, or after the date of the contract, by—
the donor or an agent of such donor; or
an individual with respect to which naming rights were awarded pursuant to the contract; and
because of the act described in subparagraph (A), the revocation of such rights is necessary to protect the reputation or integrity of the Federal Government.
Definition of covered contract— In this Act, the term “covered contract” means any agreement or contract entered into by an entity of the Federal Government to—
accept a gift or donation from a donor; and
provide to the donor, or a third party as designated, naming rights in connection with the acceptance of such gift or donation.