[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Pages S5063-S5064]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5660. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X of division A, add the 
     following:

     SEC. ____. 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);

[[Page S5064]]

       ``(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.''.
                                 ______