[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 944 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 944
To amend the Higher Education Act of 1965 to require institutions of
higher education to disclose certain ties to organizations affiliated
with the Government of the People's Republic of China, the Chinese
Communist Party, and the People's Liberation Army, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2023
Mr. Pfluger (for himself, Mrs. Miller-Meeks, Mr. Fitzpatrick, Mr.
Biggs, Mr. Clyde, Mr. Posey, Mr. Bergman, Mr. Guest, Mr. Crenshaw, Mr.
Gooden of Texas, Mr. Duncan, Ms. Sherrill, Mr. Santos, and Mr. Diaz-
Balart) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to require institutions of
higher education to disclose certain ties to organizations affiliated
with the Government of the People's Republic of China, the Chinese
Communist Party, and the People's Liberation Army, and for other
purposes.
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 CCP Influence on
Academic Institutions Act''.
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 PRC-, CCP-, and PLA-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
PRC-, CCP-, or PLA-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 PRC-, CCP-, or
PLA-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 PRC-,
CCP-, or PLA-affiliated organization (regardless of whether the
contract, agreement, or memorandum remains in effect).''; and
(4) in subsection (i), as so redesignated--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following:
``(5) The term `PRC-, CCP-, or PLA-affiliated organization'
means any entity that receives support directly or indirectly
from the Government of the People's Republic of China, the
Chinese Communist Party, or the People's Liberation Army,
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 Government of the People's
Republic of China, the Chinese Communist Party, or the
People's Liberation Army, or individuals affiliated
with such organizations;
``(C) a person who is a current member of the
Government of the People's Republic of China, the
Chinese Communist Party, or the People's Liberation
Army, or is otherwise active in collaborating with such
organizations 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 Government of the People's
Republic of China, the Chinese Communist Party, or the
People's Liberation Army, 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.''.
<all>