II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Malign Chi5 nese Influence on Academic Institutions’’. 

6 SEC. 2. DISCLOSURES OF FOREIGN GIFTS. 

7 Section 117 of the Higher Education Act of 1965 (20 

8 U.S.C. 1011f) is amended— 


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1 (1) in subsection (a), by striking ‘‘Whenever’’ 

2 and inserting ‘‘Except as provided in subsection (d), 

3 whenever’’; 

4 (2) by redesignating subsections (d) through (h) 

5 as subsections (e) through (i), respectively; 

6 (3) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) SPECIAL RULES RELATING TO CHINA-AFFILI9 ATED ORGANIZATIONS.— 

10 ‘‘(1) ENHANCED DISCLOSURES OF GIFTS AND

11 CONTRACTS.— 

12 ‘‘(A) IN GENERAL.—Whenever any institu13 tion receives a gift from or enters into a con14 tract with a China-affiliated organization, the 

15 value of which is $5,000 or more, considered 

16 alone or in combination with all other gifts 

17 from or contracts with that organization within 

18 a calendar year, the institution shall file a dis19 closure report with the Secretary on January 

20 31 or July 31, whichever is sooner. 

21 ‘‘(B) CONTENTS OF REPORT.—Each report 

22 under subparagraph (A) shall include— 

23 ‘‘(i) the information described in sub24 sections (b) and (c) (as applicable); 


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1 ‘‘(ii) the full legal name of the indi2 vidual or organization that made the gift 

3 or entered into the contract to which the 

4 disclosure pertains; and 

5 ‘‘(iii) instructions for accessing the in6 formation made available under paragraph 

7 (3). 

8 ‘‘(2) DISCLOSURE OF JOINT ACTIVITIES.—On 

9 an annual basis, any institution that receives funds 

10 under a Federal grant program shall file a disclosure 

11 report with the Secretary that identifies any activi12 ties conducted pursuant to a contract or other agree13 ment between the institution and a China-affiliated 

14 organization, including any joint research or aca15 demic exchanges. 

16 ‘‘(3) PUBLIC AVAILABILITY OF AGREEMENTS.— 

17 Each institution shall make available, on a publicly 

18 accessible website of the institution, the full text of 

19 any contract, agreement, or memorandum of under20 standing between the institution and a China-affili21 ated organization (regardless of whether the con22 tract, agreement, or memorandum remains in ef23 fect).’’; and 

24 (4) in subsection (i), as so redesignated— 


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1 (A) by redesignating paragraphs (1) 

2 through (5) as paragraphs (2) through (6), re3 spectively; and 

4 (B) by inserting before paragraph (2) the 

5 following: 

6 ‘‘(1) the term ‘China-affiliated organization’ 

7 means any entity that receives support directly or 

8 indirectly from the Government of the People’s Re9 public of China, including— 

10 ‘‘(A) a cultural, language, or educational 

11 institute or program; 

12 ‘‘(B) a think tank that has received more 

13 than $100,000 in one calendar year or more 

14 than 10 percent of the total funding for such 

15 think tank for that year, whichever is less, from 

16 the Chinese Communist Party or individuals af17 filiated with the Chinese Communist Party; 

18 ‘‘(C) a person who is a current member of 

19 the Chinese Communist Party or otherwise ac20 tive in collaborating with the Chinese Govern21 ment as an employee or advisor; 

22 ‘‘(D) a Chinese State-owned enterprise or 

23 partially or wholly owned subsidiary of a Chi24 nese State-owned enterprise; and 


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1 ‘‘(E) a company, think tank, nonprofit, or 

2 other similar entity, which has on its board of 

3 directors or with equity ownership or voting 

4 control in excess of 5 percent any members of 

5 the Chinese Communist Party or executives of 

6 a Chinese State-owned enterprise, including the 

7 president, vice president, or any other officer 

8 who performs a policy making function or any 

9 other person who performs similar policy mak10 ing functions for such enterprise, including an 

11 executive officer of a subsidiary of such enter12 prise who performs such policy making func13 tions.’’. 

Æ 


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