S.Amdt. 5660Senate117th Congress (2021-2023)2nd degree

S.Amdt. 5660

What it does: Adds SEC. ____. DISCLOSURES OF FOREIGN GIFTS at the end of subtitle G of title X of division A
Submitted September 27, 2022

What it changes

1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text

Adds a section
  1. Adds SEC. ____. DISCLOSURES OF FOREIGN GIFTS at the end of subtitle G of title X of division A

    Adds a section

    In S.Amdt. 5499 as proposed

    (2) as a recognition of Senator Inhofe's long history of engaging with, and advocating for, Africa, the Department of Defense Africa Center for Strategic Studies should be renamed the James M. Inhofe Center for Africa Strategic Studies.

    Inserted: SEC. ____. DISCLOSURES OF FOREIGN GIFTS.

    Inserted: Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) is amended--

    Inserted: (1) in subsection (a), by striking "Whenever" and inserting "Except as provided in subsection (d), whenever";

    Inserted: (2) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively;

    Inserted: (3) by inserting after subsection (c) the following:

    Inserted: "(d) Special Rules Relating to China-Affiliated Organizations.--

    Inserted: "(1) Enhanced disclosures of gifts and contracts.--

    Inserted: "(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.

    Inserted: "(B) Contents of report.--Each report under subparagraph (A) shall include--

    Inserted: "(i) the information described in subsections (b) and (c) (as applicable);

    Inserted: "(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

    Inserted: "(iii) instructions for accessing the information made available under paragraph (3).

    Show 11 more inserted paragraphs

    Inserted: "(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.

    Inserted: "(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

    Inserted: (4) in subsection (i), as so redesignated--

    Inserted: (A) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and

    Inserted: (B) by inserting before paragraph (2) the following:

    Inserted: "(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--

    Inserted: "(A) a cultural, language, or educational institute or program;

    Inserted: "(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;

    Inserted: "(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;

    Inserted: "(D) a Chinese state-owned enterprise or partially or wholly owned subsidiary of a Chinese state-owned enterprise; and

    Inserted: "(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.".

    Original wording

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

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

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);

“(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.”.

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Senate amendment submitted

September 27, 2022