[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4756 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4756
To amend the disclosures of foreign gifts under the Higher Education
Act of 1965 to provide special rules relating to China-affiliated
organizations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2022
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the disclosures of foreign gifts under the Higher Education
Act of 1965 to provide special rules relating to China-affiliated
organizations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Malign Chinese Influence
on Academic Institutions''.
SEC. 2. DISCLOSURES OF FOREIGN GIFTS.
Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f)
is amended--
(1) in subsection (a), by striking ``Whenever'' and
inserting ``Except as provided in subsection (d), whenever'';
(2) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively;
(3) by inserting after subsection (c) the following:
``(d) Special Rules Relating to China-Affiliated Organizations.--
``(1) Enhanced disclosures of gifts and contracts.--
``(A) In general.--Whenever any institution
receives a gift from or enters into a contract with a
China-affiliated organization, the value of which is
$5,000 or more, considered alone or in combination with
all other gifts from or contracts with that
organization within a calendar year, the institution
shall file a disclosure report with the Secretary on
January 31 or July 31, whichever is sooner.
``(B) Contents of report.--Each report under
subparagraph (A) shall include--
``(i) the information described in
subsections (b) and (c) (as applicable);
``(ii) the full legal name of the
individual or organization that made the gift
or entered into the contract to which the
disclosure pertains; and
``(iii) instructions for accessing the
information made available under paragraph (3).
``(2) Disclosure of joint activities.--On an annual basis,
any institution that receives funds under a Federal grant
program shall file a disclosure report with the Secretary that
identifies any activities conducted pursuant to a contract or
other agreement between the institution and a China-affiliated
organization, including any joint research or academic
exchanges.
``(3) Public availability of agreements.--Each institution
shall make available, on a publicly accessible website of the
institution, the full text of any contract, agreement, or
memorandum of understanding between the institution and a
China-affiliated organization (regardless of whether the
contract, agreement, or memorandum remains in effect).''; and
(4) in subsection (i), as so redesignated--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively; and
(B) by inserting before paragraph (2) the
following:
``(1) the term `China-affiliated organization' means any
entity that receives support directly or indirectly from the
Government of the People's Republic of China, including--
``(A) a cultural, language, or educational
institute or program;
``(B) a think tank that has received more than
$100,000 in one calendar year or more than 10 percent
of the total funding for such think tank for that year,
whichever is less, from the Chinese Communist Party or
individuals affiliated with the Chinese Communist
Party;
``(C) a person who is a current member of the
Chinese Communist Party or otherwise active in
collaborating with the Chinese Government as an
employee or advisor;
``(D) a Chinese State-owned enterprise or partially
or wholly owned subsidiary of a Chinese State-owned
enterprise; and
``(E) a company, think tank, nonprofit, or other
similar entity, which has on its board of directors or
with equity ownership or voting control in excess of 5
percent any members of the Chinese Communist Party or
executives of a Chinese State-owned enterprise,
including the president, vice president, or any other
officer who performs a policy making function or any
other person who performs similar policy making
functions for such enterprise, including an executive
officer of a subsidiary of such enterprise who performs
such policy making functions.''.
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