II 

118TH CONGRESS 

1ST SESSION S. 768 

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 SENATE OF THE UNITED STATES 

MARCH 9, 2023 

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 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. 

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 

5 CCP Influence on Academic Institutions Act’’. 


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1 SEC. 2. DISCLOSURES OF FOREIGN GIFTS. 

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

3 U.S.C. 1011f) is amended— 

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

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

6 whenever’’; 

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

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

9 (3) by inserting after subsection (c) the fol10 lowing: 

11 ‘‘(d) SPECIAL RULES RELATING TO PRC-, CCP-, 

12 AND PLA-AFFILIATED ORGANIZATIONS.— 

13 ‘‘(1) ENHANCED DISCLOSURES OF GIFTS AND

14 CONTRACTS.— 

15 ‘‘(A) IN GENERAL.—Whenever any institu16 tion receives a gift from or enters into a con17 tract with a PRC-, CCP-, or PLA-affiliated or18 ganization, the value of which is $5,000 or 

19 more, considered alone or in combination with 

20 all other gifts from or contracts with that orga21 nization within a calendar year, the institution 

22 shall file a disclosure report with the Secretary 

23 on January 31 or July 31, whichever is sooner. 

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

25 under subparagraph (A) shall include— 


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1 ‘‘(i) the information described in sub2 sections (b) and (c) (as applicable); 

3 ‘‘(ii) the full legal name of the indi4 vidual or organization that made the gift 

5 or entered into the contract to which the 

6 disclosure pertains; and 

7 ‘‘(iii) instructions for accessing the in8 formation made available under paragraph 

9 (3). 

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

11 an annual basis, any institution that receives funds 

12 under a Federal grant program shall file a disclosure 

13 report with the Secretary that identifies any activi14 ties conducted pursuant to a contract or other agree15 ment between the institution and a PRC-, CCP-, or 

16 PLA-affiliated organization, including any joint re17 search or academic exchanges. 

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

19 Each institution shall make available, on a publicly 

20 accessible website of the institution, the full text of 

21 any contract, agreement, or memorandum of under22 standing between the institution and a PRC-, CCP23 , or PLA-affiliated organization (regardless of 

24 whether the contract, agreement, or memorandum 

25 remains in effect).’’; and 


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

2 (A) by redesignating paragraph (5) as 

3 paragraph (6); and 

4 (B) by inserting after paragraph (4) the 

5 following: 

6 ‘‘(5) The term ‘PRC-, CCP-, or PLA-affiliated 

7 organization’ means any entity that receives support 

8 directly or indirectly from the Government of the 

9 People’s Republic of China, the Chinese Communist 

10 Party, or the People’s Liberation Army, including— 

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

12 institute or program; 

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

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

15 than 10 percent of the total funding for such 

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

17 the Government of the People’s Republic of 

18 China, the Chinese Communist Party, or the 

19 People’s Liberation Army, or individuals affili20 ated with such organizations; 

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

22 the Government of the People’s Republic of 

23 China, the Chinese Communist Party, or the 

24 People’s Liberation Army, or is otherwise active 


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1 in collaborating with such organizations as an 

2 employee or advisor; 

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

4 partially or wholly owned subsidiary of a Chi5 nese State-owned enterprise; and 

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

7 other similar entity, which has on its board of 

8 directors or with equity ownership or voting 

9 control in excess of 5 percent any members of 

10 the Government of the People’s Republic of 

11 China, the Chinese Communist Party, or the 

12 People’s Liberation Army, or executives of a 

13 Chinese State-owned enterprise, including the 

14 president, vice president, or any other officer 

15 who performs a policy making function or any 

16 other person who performs similar policy mak17 ing functions for such enterprise, including an 

18 executive officer of a subsidiary of such enter19 prise who performs such policy making func20 tions.’’. 

Æ 


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