Preventing Malign CCP Influence on Academic Institutions Act

Subjects: Education


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 768 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

    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.''.
                                 &lt;all&gt;
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