[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3443 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3443
To prohibit institutions of higher education, elementary schools, and
secondary schools from receiving Federal funds if those schools or
institutions have covered relationships with covered persons, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2023
Mr. Rubio (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit institutions of higher education, elementary schools, and
secondary schools from receiving Federal funds if those schools or
institutions have covered relationships with covered persons, 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 ``Protecting Education from Malign
Foreign Influence Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adversarial foreign government.--The term ``adversarial
foreign government'' means the government of any of the
following:
(A) The People's Republic of China.
(B) The Russian Federation.
(C) The Islamic Republic of Iran.
(D) The Democratic People's Republic of Korea.
(E) The Republic of Cuba.
(F) The regime of Nicolas Maduro in Venezuela.
(G) The Syrian Arab Republic.
(H) Any other country designated as an adversarial
foreign government for purposes of this section by the
Secretary of State.
(2) Confucius classroom.--The term ``Confucius classroom''
means--
(A) an entity that has a relationship with a
Confucius Institute and seeks to influence early
childhood, elementary, or secondary education in the
United States; and
(B) any successor or replacement entity, or any
other similar entity, intended to influence education
in the United States.
(3) Confucius institute.--The term ``Confucius Institute''
means--
(A) a cultural institution that is directly or
indirectly funded by the Government of the People's
Republic of China and seeks to influence education in
the United States; and
(B) any successor or replacement institution, or
any other similar institution, intended to influence
education in the United States.
(4) Covered person.--The term ``covered person'' means a
foreign person that is any of the following:
(A) An adversarial foreign government, including
any agency of an adversarial foreign government, or an
official or agent of an adversarial foreign government.
(B) A political party of an adversarial foreign
government, including the Chinese Communist Party, or
an official or member of such a political party,
including any members of the Chinese Communist Party.
(C) The People's Liberation Army, the People's
Armed Police, or any other armed entity affiliated with
the Chinese Communist Party or the People's Republic of
China.
(D) An entity identified by the Secretary of
Defense under section 1260H(a) of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113
note) as a Chinese military company.
(E) Any Chinese military company identified by the
Secretary of Defense pursuant to section 1237(b) of the
Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701
note).
(F) Any entity on the Non-SDN Chinese Military-
Industrial Complex Companies List maintained by the
Office of Foreign Assets Control of the Department of
the Treasury.
(G) The government of any country determined by the
Secretary of State to have repeatedly provided support
for acts of international terrorism, for purposes of--
(i) section 1754(c)(1)(A)(i) of the Export
Control Reform Act of 2018 (50 U.S.C.
4813(c)(1)(A)(i));
(ii) section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371); or
(iii) section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)).
(H) The Government of the Russian Federation, any
entity owned or controlled by that Government, or any
entity with respect to which the Secretary of the
Treasury has imposed sanctions under Executive Order
13662 (50 U.S.C. 1701 note; relating to blocking
property of additional persons contributing to the
situation in Ukraine).
(I) Any entity included on any of the following
lists maintained by the Department of Commerce:
(i) The Entity List set forth in Supplement
No. 4 to part 744 of the Export Administration
Regulations under subchapter C of chapter VII
of title 15, Code of Federal Regulations.
(ii) The Denied Persons List maintained
pursuant to section 764.3(a)(2) of the Export
Administration Regulations.
(iii) The Unverified List set forth in
Supplement No. 6 to part 744 of the Export
Administration Regulations.
(iv) The Military End-User List set forth
in Supplement No. 7 to part 744 of the Export
Administration Regulations.
(J) Any entity or individual determined to pose a
risk to the national security of the United States, the
integrity of education in the United States, or
students' freedom of expression in the United States,
by--
(i) the Secretary of Education;
(ii) the Secretary of Defense; or
(iii) the Secretary of Transportation, the
Secretary of the Interior, or the Secretary of
Homeland Security, with respect to institutions
under the jurisdiction of such Secretaries.
(K) An entity substantively involved in the
economic or industrial policies or military-civil
fusion strategy of the People's Republic of China,
including by--
(i) accepting funding, performing services,
or receiving subsidies, relating to such
policies or strategy; or
(ii) having responsibilities for overseeing
economic development projects, including the
Made in China 2025 industrial strategy or the
Belt and Road Initiative of the Government of
the People's Republic of China.
(L) Any college or university in the People's
Republic of China that is determined by the Secretary
of Defense to be substantively involved in the
implementation of the military-civil fusion strategy,
including any such college or university--
(i) known as the ``Seven Sons of National
Defense'';
(ii) that receives funding from--
(I) the People's Liberation Army;
or
(II) the Equipment Development
Department, or the Science and
Technology Commission, of the Central
Military Commission;
(iii) involved in military training and
education, including any such college or
university in partnership with the People's
Liberation Army;
(iv) that conducts military research or
hosts dedicated military initiatives or
laboratories, including such a college or
university designated under the ``double first-
class university plan'';
(v) that is designated by the State
Administration for Science, Technology, and
Industry for the National Defense to host
``joint construction'' programs;
(vi) that has launched a platform for
military-civil fusion or created national
defense laboratories; and
(vii) that conducts research or hosts
dedicated initiatives or laboratories for any
other related security entity beyond the
People's Liberation Army, including the
People's Armed Police, the Ministry of Public
Security, and the Ministry of State Security.
(M) Any privately owned entity in the People's
Republic of China that--
(i) has received a military production
license from the Government of the People's
Republic of China, such as the Weapons and
Equipment Research and Production Certificate,
the Equipment Manufacturing Unit Qualification,
the Weapons and Equipment Quality Management
System Certificate, or the Weapons and
Equipment Research and Production Unit
Classified Qualification Permit;
(ii) is otherwise known to have set up
mechanisms for engaging in activity in support
of military initiatives;
(iii) has a history of subcontracting for
the People's Liberation Army or its affiliates;
or
(iv) is participating in, or receiving
benefits under, a military-civil fusion
demonstration base.
(N) An entity owned, directed, operated,
controlled, financed, or influenced, directly or
indirectly, by an entity or individual described in
this paragraph, including a Confucius Institute and a
Confucius classroom.
(O) An entity or individual that has the ability,
through ownership of a majority or a dominant minority
of the total outstanding voting interest in an entity,
board representation, proxy voting, a special share,
contractual arrangements, formal or informal
arrangements to act in concert, or other means, to
determine, direct, or decide, for an entity described
in this paragraph, an important matter.
(P) An entity that owns or controls, or is under
common ownership or control with, an entity described
in this paragraph.
(5) Covered relationship.--The term ``covered
relationship'' means, at an institutional or school level, or
with respect to a faculty or staff member employed at the
institution or school--
(A) with respect to a covered person--
(i) the distribution or receipt of a grant,
gift, donation, present, award, contribution,
scholarship, or loan;
(ii) having in place an agreement,
including--
(I) a written statement of mutual
interest in an academic or research
collaboration;
(II) a written statement in regard
to the selection or admission of
students; or
(III) a written statement in regard
to the establishment of departments,
centers, or research or lecture
programs;
(iii) a partnership;
(iv) a collaboration;
(v) having in place a contract; or
(vi) at the individual faculty or staff
level, employing or being employed by a covered
person; and
(B) with respect to a foreign source that is not a
covered person--
(i) the distribution or receipt of a grant,
gift, donation, present, award, or contribution
that is equal to or greater than $50,000;
(ii) a relationship described in clause
(ii) through (v) of subparagraph (A); or
(iii) at the individual faculty or staff
level, employing or being employed by a foreign
source.
(6) Elementary school.--The term ``elementary school'' has
the meaning given that term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(7) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(8) Foreign source.--The term ``foreign source'' has the
meaning given that term in section 117(h) of the Higher
Education Act of 1965 (20 U.S.C. 1011f(h)).
(9) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), and includes a State maritime academy and a
Tribal College or University (as such term is defined in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c)).
(10) Military-civil fusion strategy.--The term ``military-
civil fusion strategy'' means the strategy of the Chinese
Communist Party aiming to mobilize non-military resources and
expertise for military applications, including the development
of technology, improvements in logistics, and other uses of
such resources and expertise, by the People's Liberation Army.
(11) Secondary school.--The term ``secondary school'' has
the meaning given that term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(12) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States.
SEC. 3. PROHIBITIONS RELATING TO HIGHER EDUCATION.
(a) Prohibition on Covered Relationships.--
(1) In general.--An institution of higher education,
including any member of the faculty or staff of an institution
of higher education, that receives Federal funds--
(A) shall not enter into or maintain a covered
relationship with a covered person; and
(B) shall establish and maintain a policy to--
(i) prohibit faculty and staff of the
institution from entering into or maintaining
covered relationships with covered persons;
(ii) require faculty and staff to report to
the institution covered relationships with
foreign sources; and
(iii) provide guidance to faculty and staff
to help faculty and staff--
(I) take preventative actions
regarding covered relationships with
covered persons; and
(II) identify existing covered
relationships with covered persons.
(2) Enforcement.--Upon determination, after reasonable
notice and opportunity for a hearing, that an institution of
higher education has knowingly violated subparagraph (A) of
paragraph (1), including by failing to exercise reasonable
oversight over its faculty and staff with respect to preventing
a violation of subparagraph (A) of paragraph (1)--
(A) the Secretary may suspend or terminate the
eligibility status for any or all Federal funding
(including funding under the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.)) of any otherwise
eligible institution, in accordance with procedures
specified in such Act as applicable, until the
Secretary finds that such practices have been
corrected; or
(B) the Secretary may impose a civil penalty upon
such institution.
(b) Prohibition of Ownership, Operation, or Control.--
(1) In general.--Subject to paragraph (2), an institution
of higher education shall not be eligible to receive Federal
funds if that institution is owned, operated, or controlled by
a covered person.
(2) Transition period.--
(A) Institutions that are noncompliant as of the
date of enactment.--Notwithstanding any other provision
of law, and on a case-by-case basis, the Secretary may
allow an institution that is owned, operated, or
controlled by a covered person as of the date of
enactment of this Act a transition period of not more
than 4 years from the date of enactment of this Act,
during which time the institution may continue to
receive Federal funding.
(B) Institutions that are noncompliant after the
date of enactment.--Notwithstanding any other provision
of law, and on a case-by-case basis, the Secretary may
allow an institution with respect to which the status
of being owned, operated, or controlled by a covered
person came into effect after the date of enactment of
this Act a transition period of not more than 1 year
from the date on which that institution is found to be
owned, operated, or controlled by a covered person,
during which time the institution may continue to
receive Federal funding.
(3) Identification of noncompliant institutions.--Not later
than 1 year after the date of enactment of this Act, the
Secretary shall identify institutions that are owned, operated,
or controlled by a covered person and notify such institutions
about the prohibition under this subsection.
(c) Reports by IHEs.--Each institution of higher education shall
annually submit a report to each Federal agency from which that
institution receives Federal funding, containing information about--
(1) the extent to which the institution (including faculty
and staff of the institution) has, or has had, covered
relationships with covered persons;
(2) the extent to which covered entities have undermined or
undermine academic integrity, influence academic and extra-
curricular activities, and stifle free speech, at the
institution of higher education;
(3) preventative actions that the institution of higher
education took or plans to take regarding covered relationships
with covered persons;
(4) enforcement actions that the institution of higher
education took or plans to take regarding covered relationships
with covered persons; and
(5) any ways in which the Federal agency could help the
institution of higher education--
(A) take preventative actions regarding covered
relationships with covered persons; and
(B) identify existing covered relationships with
covered persons of which the institution of higher
education is not aware.
(d) Report to Congress.--The Secretary of Education, in
consultation with every other Federal agency that provides funding to
institutions of higher education, shall provide an annual report to
Congress that shall include, at minimum--
(1) information about the extent to which institutions of
higher education have had or have relationships with foreign
sources, particularly covered persons;
(2) the extent to which covered persons have undermined or
undermine academic integrity, influence academic and extra-
curricular activities, and stifle free speech, at institutions
of higher education;
(3) preventative actions that the Federal agencies took or
plan to take regarding covered relationships with covered
persons;
(4) enforcement actions that the Federal agencies took or
plan to take regarding covered relationships with covered
persons; and
(5) any technical assistance that the Secretary or any
other Federal agency has carried out to help institutions of
higher education--
(A) take preventative actions regarding covered
relationships with covered persons; and
(B) identify existing covered relationships with
covered persons of which the institution of higher
education is not aware.
SEC. 4. PROHIBITIONS RELATING TO ELEMENTARY AND SECONDARY EDUCATION.
(a) Prohibitions Relating to Covered Relationships With Covered
Persons.--Subpart 2 of part F of title VIII of the Elementary and
Secondary Education Act of 1956 (20 U.S.C. 7901) is amended by
inserting after section 8549C the following new section:
``SEC. 8549D. PROHIBITION ON COVERED RELATIONSHIPS WITH COVERED
PERSONS.
``(a) In General.--Each State receiving funds under this Act shall,
as a condition of receiving administrative funds under this Act--
``(1) establish and implement a statewide policy--
``(A) prohibiting elementary schools and secondary
schools receiving funds under this Act, and their
faculty, teachers, and staff from entering into or
maintaining covered relationships with covered persons;
``(B) enforcing such prohibition; and
``(C) helping elementary schools and secondary
schools identify current violations of such
prohibition, and avoid entering into covered
relationships with covered persons;
``(2) develop reporting requirements for elementary and
secondary schools receiving funds under this Act to enable the
State to certify to the Secretary that the State is in
compliance with this section, and make such certifications;
``(3) provide such data that the Secretary requires, which
shall include, at minimum--
``(A) the extent to which elementary schools and
secondary schools receiving funds under this Act have
had or have covered relationships with covered persons;
``(B) the extent to which covered entities have
undermined or undermine academic integrity, influence
academic and extra-curricular activities, and stifle
free speech, at such schools;
``(C) preventative actions that the State took or
plans to take regarding the requirements under this
section; and
``(D) enforcement actions that the State took or
plans to take regarding the requirements under this
section.
``(b) Report.--The Secretary shall prepare and submit an annual
report to Congress on--
``(1) the extent of the covered relationships between
schools described in this section and covered persons;
``(2) the extent to which covered entities undermine
academic integrity, influence academic and extra-curricular
activities, and stifle free speech at such schools; and
``(3) any preventative and enforcement actions the
Secretary and the States took or plan to take regarding the
requirements of this section.
``(c) Definitions.--In this section, the terms `covered person' and
`covered relationship' shall have the meanings given such terms in
section 2 of the Protecting Education from Malign Foreign Influence Act
of 2023.''.
(b) Prohibitions Relating to Ownership, Operation, or Control by
Covered Entities.--
(1) In general.--A private elementary school or secondary
school shall not be eligible to receive Federal funds if that
private elementary school or secondary school is owned,
operated, or controlled by a covered person.
(2) Funds under part a of title i.--Section 1117 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6320)
is amended by adding at the end the following:
``(f) Ineligibility.--
``(1) In general.--In accordance with section 4(b) of the
Protecting Education from Malign Foreign Influence Act of 2023
(including the transition provisions of such section), a
private elementary school or secondary school shall not be
eligible to receive funds under this section if that private
elementary school or secondary school is owned, operated, or
controlled by a covered person (as that term is defined in
section 2 of the Protecting Education from Malign Foreign
Influence Act of 2023).
``(2) Parent notification.--In the case of a school that is
ineligible to receive funds, as described in paragraph (1),
that school shall notify the parents of students attending the
school about such ineligibility not later than 7 days after
receiving notice from the Department of Education about such
ineligibility.''.
(3) Other esea funds.--Subpart 1 of part F of title VIII of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7881 et seq.) is amended by adding at the end the following:
``SEC. 8507. PROHIBITION ON FUNDING FOR SCHOOLS OWNED, OPERATED, OR
CONTROLLED BY A COVERED PERSON.
``In accordance with section 4(b) of the Protecting Education from
Malign Foreign Influence Act of 2023 (including the transition
provisions of such section), a private elementary school or secondary
school--
``(1) shall not be eligible to receive funds under this Act
(including funds described in section 8501) if that private
elementary school or secondary school is owned, operated, or
controlled by a covered person (as that term is defined in
section 2 of the Protecting Education from Malign Foreign
Influence Act of 2023); and
``(2) shall notify parents of students that attend the
school about the ineligibility described in paragraph (1) not
later than 7 days after receiving notice from the Department of
Education about such ineligibility.''.
(4) Transition period; identification.--
(A) Schools that are noncompliant as of the date of
enactment.--Notwithstanding any other provision of law,
and on a case-by-case basis, the Secretary may allow a
private elementary school or secondary school that is
owned, operated, or controlled by a covered person as
of the date of enactment of this Act a transition
period of not more than 4 years from the date of
enactment of this Act, during which time the private
elementary school or secondary school may continue to
receive Federal funding.
(B) Schools that are noncompliant after the date of
enactment.--Notwithstanding any other provision of law,
and on a case-by-case basis, the Secretary may allow a
private elementary school or secondary school with
respect to which the status of being owned, operated,
or controlled by a covered person came into effect
after the date of enactment of this Act a transition
period of not more than 1 year from the date on which
that private elementary school or secondary school is
found to be owned, operated, or controlled by a covered
person, during which time such school may continue to
receive Federal funding.
(C) Identification of noncompliant institutions.--
Not later than 1 year after the date of enactment of
this Act, the Secretary shall identify private
elementary schools or secondary schools that are owned,
operated, or controlled by a covered person and notify
such schools about the prohibition under this
subsection.
SEC. 5. PROHIBITION ON RESERVE OFFICERS' TRAINING CORPS PROGRAMS AT
CERTAIN EDUCATIONAL INSTITUTIONS.
The Secretary of a military department may not establish or
maintain--
(1) a unit of the Junior Reserve Officers' Training Corps
under chapter 102 of title 10, United States Code, at a
secondary school owned, operated, or controlled by a covered
person; or
(2) a unit of the Senior Reserve Officers' Training Corps
under chapter 103 of such title at an institution of higher
education owned, operated, or controlled by a covered person.
SEC. 6. PROHIBITION ON DEPARTMENT OF DEFENSE EDUCATION ACTIVITY
SCHOOLS, MILITARY SERVICE ACADEMIES, AND BUREAU OF INDIAN
EDUCATION SCHOOLS FROM ENTERING INTO OR MAINTAINING
COVERED RELATIONSHIPS WITH COVERED ENTITIES.
(a) In General.--The Secretary of Defense shall prohibit any school
operated by the Department of Defense Education Activity and any
military service academy from entering into or maintaining a covered
relationship with a covered person.
(b) Military Service Academy Defined.--In this section, the term
``military service academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Merchant Marine Academy.
(5) The United States Coast Guard Academy.
(c) BIE Schools.--Section 8549D of the Elementary and Secondary
Education Act of 1965 (as added by section 4) shall apply to the Bureau
of Indian Education with respect to elementary schools and secondary
schools operated or funded by the Bureau of Indian Education in the
same manner as that section applies to States.
SEC. 7. DISCLOSURE REPORTS.
(a) HEA Amendment.--Section 117 of the Higher Education Act of 1965
(20 U.S.C. 1011f) is amended to read as follows:
``SEC. 117. DISCLOSURES OF FOREIGN GIFTS.
``(a) Disclosure Report.--Whenever--
``(1) any institution is owned, directed, controlled,
financed, or influenced directly or indirectly by a foreign
source; or
``(2) any institution, including a member of the faculty,
professional staff, or other staff, of the institution enters
into or maintains a covered relationship with a foreign source
when--
``(A) the relationship is restricted or
conditional;
``(B) the value of such relationship is $50,000 or
more considered alone or in combination with all other
relationships with that foreign source within a
calendar year; or
``(C) a foreign source involved in the
relationship--
``(i) resides in or is organized under the
laws of, headquartered in, has its principal
place of business in, or has more than 25
percent voting stock owned by affiliates that
are citizens of a country that has an
adversarial foreign government; or
``(ii) is owned, directed, controlled,
financed, or influenced, directly or
indirectly, by an individual who resides in a
country that has an adversarial foreign
government or an entity that is organized under
the laws of, headquartered in, has its
principal place of business in, or has more
than 25 percent voting stock owned by
affiliates that are citizens of, a country that
has an adversarial foreign government;
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 to the Secretary required by
this section shall contain the following:
``(1) For relationships entered into or maintained with a
foreign source other than a foreign government, the aggregate
dollar value amount of gifts, contracts, agreements,
partnerships, collaborations, and employment attributable to a
particular country, and for each relationship--
``(A) the full legal name of the foreign source;
``(B) the content of the contract and any
conditions or restrictions;
``(C) in the case of a foreign source that is an
individual, the country in which the individual resides
and the individual's affiliations;
``(D) in the case of a foreign source that is an
entity, the country where the foreign source is
organized, headquartered, and has its principal place
of business and the entity's ownership;
``(E) the steps taken to ensure that the foreign
source is not a covered person;
``(F) the goal of the relationship, the length of
the relationship, whether the relationship is
curriculum or research oriented, whether the
institution or foreign source received financial
compensation for entering or maintaining the
relationship, along with the amount of the
compensation, and any changes in program or structure
resulting from the relationship.
``(2) For relationships entered into or maintained with a
foreign government--
``(A) the name of the foreign government and the
aggregate dollar value amount of gifts, contracts,
agreements, partnerships, collaborations, and
employment with that foreign government;
``(B) a description of the relationship, including
the content of each such contract, and any conditions
or restrictions; and
``(C) the goal of the relationship, the length of
the relationship, whether the relationship is
curriculum or research oriented, whether the
institution or foreign source received financial
compensation for entering or maintaining the
relationship, along with the amount of the
compensation, and any changes in program or structure
resulting from the relationship.
``(3) In the case of an institution that is owned,
directed, controlled, financed, or influenced, directly or
indirectly by a foreign source, the identity of the foreign
source, the foreign source's affiliations, the date on which
the foreign source assumed such role, and any changes in
program or structure resulting from such source's role.
``(c) Relation to PEMFIA.--In accordance with the Protecting
Education from Malign Foreign Influence Act of 2023, an institution
shall not be eligible to receive funds under this Act if that
institution is owned, operated, directed, or controlled by a covered
person.
``(d) Public Availability.--Not later than 30 days after the
deadline for submission of a disclosure report under subsection (a),
the Secretary shall submit that report to Congress and other
appropriate Federal agencies and make the contents of the disclosure
report publicly available online. The Secretary may disclose a redacted
version of such report to the public only if the Secretary grants a
petition from an institution to redact and the Secretary has determined
that the institution has established grounds for such redaction.
``(e) Enforcement.--
``(1) Court orders.--Whenever it appears that an
institution has failed to comply with the requirements of this
section, including any rule or regulation promulgated under
this section, a civil action may be brought by the Attorney
General, at the request of the Secretary, in an appropriate
district court of the United States, or the appropriate United
States court of any territory or other place subject to the
jurisdiction of the United States, to request such court to
compel compliance with the requirements of this section.
``(2) Costs.--For knowing or willful failure to comply with
the requirements of this section, including any rule or
regulation promulgated thereunder, an institution shall, at a
minimum, pay to the Treasury of the United States the full
costs to the United States of obtaining compliance, including
all associated costs of investigation and enforcement.
``(f) Regulations.--The Secretary may promulgate regulations to
carry out this section.
``(g) Agency Coordination.--The Secretary shall coordinate with
other Federal agencies, as appropriate, including the Federal Bureau of
Investigation and the Office of the Director of National Intelligence,
to ensure that other Federal agencies have access to disclosure reports
submitted under this section and any information or documentation
relating to disclosure reports submitted under this section.
``(h) Definitions.--For the purpose of this section--
``(1) the term `contract' means any agreement for the
acquisition by purchase, lease, or barter of property or
services by the foreign source, for the direct benefit or use
of either of the parties;
``(2) the term `covered person' has the meaning given that
term in section 2 of the Protecting Education from Malign
Foreign Influence Act of 2023;
``(3) the term `covered relationship' has the meaning given
that term in section 2 of the Protecting Education from Malign
Foreign Influence Act of 2023;
``(4) the term `foreign source' means--
``(A) a foreign government, including an agency of
a foreign government;
``(B) a legal entity, governmental or otherwise,
organized under the laws of, headquartered in, or
having its principal place of business in, a foreign
state or states;
``(C) an individual who is not a citizen or a
national of the United States or a trust territory or
protectorate thereof; and
``(D) an agent, including a subsidiary or affiliate
of a foreign legal entity, acting on behalf of a
foreign source;
``(5) the term `gift' means any gift of money or property,
the fair market value of an in-kind gift, or a grant, donation,
present, award, contribution, or scholarship;
``(6) the term `institution' means an institution of higher
education as defined in section 2 of the Protecting Education
from Malign Foreign Influence Act of 2023;
``(7) the term `restricted or conditional relationship'
means any relationship of any kind which includes provisions
regarding--
``(A) the employment, assignment, or termination of
faculty;
``(B) the establishment of departments, centers,
research or lecture programs, or new faculty positions;
``(C) the selection or admission of students; or
``(D) the award of grants, loans, scholarships,
fellowships, or other forms of financial aid restricted
to students of a specified country, religion, sex,
ethnic origin, or political opinion.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to relationships entered into, or other activities
carried out, on or after the date of the enactment of this Act, except
that the prohibition described in subsection (c) of section 117 of the
Higher Education Act of 1965 (as amended by subsection (a)) shall be
subject to the transition provisions in section 3(b)(2) of the
Protecting Education from Malign Foreign Influence Act of 2023.
(c) Ensuring Compliance.--Each Federal agency shall ensure that no
Federal funds under the jurisdiction of that agency are distributed to
an institution that is knowingly or willfully in violation of section
117 of the Higher Education Act of 1965 (20 U.S.C. 1011f), as
determined by the head of the relevant agency.
SEC. 8. TECHNICAL ASSISTANCE; OTHER REPORTS.
(a) Department of Education.--The Secretary of Education shall
provide technical assistance to elementary schools, secondary schools,
and institutions of higher education under the Secretary's jurisdiction
to assist those entities and the faculty and staff of those entities in
avoiding covered relationships with covered persons.
(b) Other Federal Agencies.--The Secretary of Defense, the
Secretary of Transportation, the Secretary of Homeland Security, and
the Secretary of the Interior shall also provide such technical
assistance to schools and institutions that are under their respective
jurisdictions with respect to avoiding covered relationships with
covered persons.
SEC. 9. LIMITING EXEMPTION FROM FOREIGN AGENT REGISTRATION REQUIREMENT
FOR PERSONS ENGAGING IN ACTIVITIES IN FURTHERANCE OF
CERTAIN PURSUITS TO ACTIVITIES NOT PROMOTING POLITICAL
AGENDA OF FOREIGN GOVERNMENTS.
(a) Limitation on Exemption.--Section 3(e) of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 613(e)) is amended by striking the
semicolon at the end and inserting the following: ``, but only if the
activities do not promote the political agenda of a government of a
foreign country;''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to activities carried out on or after the date of
the enactment of this Act.
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