II 

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. 

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 ‘‘Protecting Education 

5 from Malign Foreign Influence Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

2 

•S 3443 IS

1 (1) ADVERSARIAL FOREIGN GOVERNMENT.— 

2 The term ‘‘adversarial foreign government’’ means 

3 the government of any of the following: 

4 (A) The People’s Republic of China. 

5 (B) The Russian Federation. 

6 (C) The Islamic Republic of Iran. 

7 (D) The Democratic People’s Republic of 

8 Korea. 

9 (E) The Republic of Cuba. 

10 (F) The regime of Nicola ́s Maduro in Ven11 ezuela. 

12 (G) The Syrian Arab Republic. 

13 (H) Any other country designated as an 

14 adversarial foreign government for purposes of 

15 this section by the Secretary of State. 

16 (2) CONFUCIUS CLASSROOM.—The term ‘‘Con17 fucius classroom’’ means— 

18 (A) an entity that has a relationship with 

19 a Confucius Institute and seeks to influence 

20 early childhood, elementary, or secondary edu21 cation in the United States; and 

22 (B) any successor or replacement entity, or 

23 any other similar entity, intended to influence 

24 education in the United States. 

3 

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1 (3) CONFUCIUS INSTITUTE.—The term ‘‘Confu2 cius Institute’’ means— 

3 (A) a cultural institution that is directly or 

4 indirectly funded by the Government of the 

5 People’s Republic of China and seeks to influ6 ence education in the United States; and 

7 (B) any successor or replacement institu8 tion, or any other similar institution, intended 

9 to influence education in the United States. 

10 (4) COVERED PERSON.—The term ‘‘covered 

11 person’’ means a foreign person that is any of the 

12 following: 

13 (A) An adversarial foreign government, in14 cluding any agency of an adversarial foreign 

15 government, or an official or agent of an adver16 sarial foreign government. 

17 (B) A political party of an adversarial for18 eign government, including the Chinese Com19 munist Party, or an official or member of such 

20 a political party, including any members of the 

21 Chinese Communist Party. 

22 (C) The People’s Liberation Army, the 

23 People’s Armed Police, or any other armed enti24 ty affiliated with the Chinese Communist Party 

25 or the People’s Republic of China. 

4 

•S 3443 IS

1 (D) An entity identified by the Secretary 

2 of Defense under section 1260H(a) of the Wil3 liam M. (Mac) Thornberry National Defense 

4 Authorization Act for Fiscal Year 2021 (Public 

5 Law 116–283; 10 U.S.C. 113 note) as a Chi6 nese military company. 

7 (E) Any Chinese military company identi8 fied by the Secretary of Defense pursuant to 

9 section 1237(b) of the Strom Thurmond Na10 tional Defense Authorization Act for Fiscal 

11 Year 1999 (Public Law 105–261; 50 U.S.C. 

12 1701 note). 

13 (F) Any entity on the Non-SDN Chinese 

14 Military-Industrial Complex Companies List 

15 maintained by the Office of Foreign Assets 

16 Control of the Department of the Treasury. 

17 (G) The government of any country deter18 mined by the Secretary of State to have repeat19 edly provided support for acts of international 

20 terrorism, for purposes of— 

21 (i) section 1754(c)(1)(A)(i) of the Ex22 port Control Reform Act of 2018 (50 

23 U.S.C. 4813(c)(1)(A)(i)); 

24 (ii) section 620A of the Foreign As25 sistance Act of 1961 (22 U.S.C. 2371); or 

5 

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1 (iii) section 40(d) of the Arms Export 

2 Control Act (22 U.S.C. 2780(d)). 

3 (H) The Government of the Russian Fed4 eration, any entity owned or controlled by that 

5 Government, or any entity with respect to 

6 which the Secretary of the Treasury has im7 posed sanctions under Executive Order 13662 

8 (50 U.S.C. 1701 note; relating to blocking 

9 property of additional persons contributing to 

10 the situation in Ukraine). 

11 (I) Any entity included on any of the fol12 lowing lists maintained by the Department of 

13 Commerce: 

14 (i) The Entity List set forth in Sup15 plement No. 4 to part 744 of the Export 

16 Administration Regulations under sub17 chapter C of chapter VII of title 15, Code 

18 of Federal Regulations. 

19 (ii) The Denied Persons List main20 tained pursuant to section 764.3(a)(2) of 

21 the Export Administration Regulations. 

22 (iii) The Unverified List set forth in 

23 Supplement No. 6 to part 744 of the Ex24 port Administration Regulations. 

6 

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1 (iv) The Military End-User List set 

2 forth in Supplement No. 7 to part 744 of 

3 the Export Administration Regulations. 

4 (J) Any entity or individual determined to 

5 pose a risk to the national security of the 

6 United States, the integrity of education in the 

7 United States, or students’ freedom of expres8 sion in the United States, by— 

9 (i) the Secretary of Education; 

10 (ii) the Secretary of Defense; or 

11 (iii) the Secretary of Transportation, 

12 the Secretary of the Interior, or the Sec13 retary of Homeland Security, with respect 

14 to institutions under the jurisdiction of 

15 such Secretaries. 

16 (K) An entity substantively involved in the 

17 economic or industrial policies or military-civil 

18 fusion strategy of the People’s Republic of 

19 China, including by— 

20 (i) accepting funding, performing 

21 services, or receiving subsidies, relating to 

22 such policies or strategy; or 

23 (ii) having responsibilities for over24 seeing economic development projects, in25 cluding the Made in China 2025 industrial 

7 

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1 strategy or the Belt and Road Initiative of 

2 the Government of the People’s Republic of 

3 China. 

4 (L) Any college or university in the Peo5 ple’s Republic of China that is determined by 

6 the Secretary of Defense to be substantively in7 volved in the implementation of the military8 civil fusion strategy, including any such college 

9 or university— 

10 (i) known as the ‘‘Seven Sons of Na11 tional Defense’’; 

12 (ii) that receives funding from— 

13 (I) the People’s Liberation Army; 

14 or 

15 (II) the Equipment Development 

16 Department, or the Science and Tech17 nology Commission, of the Central 

18 Military Commission; 

19 (iii) involved in military training and 

20 education, including any such college or 

21 university in partnership with the People’s 

22 Liberation Army; 

23 (iv) that conducts military research or 

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1 versity designated under the ‘‘double first2 class university plan’’; 

3 (v) that is designated by the State 

4 Administration for Science, Technology, 

5 and Industry for the National Defense to 

6 host ‘‘joint construction’’ programs; 

7 (vi) that has launched a platform for 

8 military-civil fusion or created national de9 fense laboratories; and 

10 (vii) that conducts research or hosts 

11 dedicated initiatives or laboratories for any 

12 other related security entity beyond the 

13 People’s Liberation Army, including the 

14 People’s Armed Police, the Ministry of 

15 Public Security, and the Ministry of State 

16 Security. 

17 (M) Any privately owned entity in the Peo18 ple’s Republic of China that— 

19 (i) has received a military production 

20 license from the Government of the Peo21 ple’s Republic of China, such as the Weap22 ons and Equipment Research and Produc23 tion Certificate, the Equipment Manufac24 turing Unit Qualification, the Weapons 

25 and Equipment Quality Management SysVerDate Sep 11 2014 20:47 Dec 15, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3443.IS S3443
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1 tem Certificate, or the Weapons and 

2 Equipment Research and Production Unit 

3 Classified Qualification Permit; 

4 (ii) is otherwise known to have set up 

5 mechanisms for engaging in activity in 

6 support of military initiatives; 

7 (iii) has a history of subcontracting 

8 for the People’s Liberation Army or its af9 filiates; or 

10 (iv) is participating in, or receiving 

11 benefits under, a military-civil fusion dem12 onstration base. 

13 (N) An entity owned, directed, operated, 

14 controlled, financed, or influenced, directly or 

15 indirectly, by an entity or individual described 

16 in this paragraph, including a Confucius Insti17 tute and a Confucius classroom. 

18 (O) An entity or individual that has the 

19 ability, through ownership of a majority or a 

20 dominant minority of the total outstanding vot21 ing interest in an entity, board representation, 

22 proxy voting, a special share, contractual ar23 rangements, formal or informal arrangements 

24 to act in concert, or other means, to determine, 

10 

•S 3443 IS

1 direct, or decide, for an entity described in this 

2 paragraph, an important matter. 

3 (P) An entity that owns or controls, or is 

4 under common ownership or control with, an 

5 entity described in this paragraph. 

6 (5) COVERED RELATIONSHIP.—The term ‘‘cov7 ered relationship’’ means, at an institutional or 

8 school level, or with respect to a faculty or staff 

9 member employed at the institution or school— 

10 (A) with respect to a covered person— 

11 (i) the distribution or receipt of a 

12 grant, gift, donation, present, award, con13 tribution, scholarship, or loan; 

14 (ii) having in place an agreement, in15 cluding— 

16 (I) a written statement of mutual 

17 interest in an academic or research 

18 collaboration; 

19 (II) a written statement in re20 gard to the selection or admission of 

21 students; or 

22 (III) a written statement in re23 gard to the establishment of depart24 ments, centers, or research or lecture 

25 programs; 

11 

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1 (iii) a partnership; 

2 (iv) a collaboration; 

3 (v) having in place a contract; or 

4 (vi) at the individual faculty or staff 

5 level, employing or being employed by a 

6 covered person; and 

7 (B) with respect to a foreign source that is 

8 not a covered person— 

9 (i) the distribution or receipt of a 

10 grant, gift, donation, present, award, or 

11 contribution that is equal to or greater 

12 than $50,000; 

13 (ii) a relationship described in clause 

14 (ii) through (v) of subparagraph (A); or 

15 (iii) at the individual faculty or staff 

16 level, employing or being employed by a 

17 foreign source. 

18 (6) ELEMENTARY SCHOOL.—The term ‘‘elemen19 tary school’’ has the meaning given that term in sec20 tion 8101 of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 7801). 

22 (7) FOREIGN PERSON.—The term ‘‘foreign per23 son’’ means an individual or entity that is not a 

24 United States person. 

12 

•S 3443 IS

1 (8) FOREIGN SOURCE.—The term ‘‘foreign 

2 source’’ has the meaning given that term in section 

3 117(h) of the Higher Education Act of 1965 (20 

4 U.S.C. 1011f(h)). 

5 (9) INSTITUTION OF HIGHER EDUCATION.—The 

6 term ‘‘institution of higher education’’ has the 

7 meaning given that term in section 102 of the High8 er Education Act of 1965 (20 U.S.C. 1002), and in9 cludes a State maritime academy and a Tribal Col10 lege or University (as such term is defined in section 

11 316 of the Higher Education Act of 1965 (20 

12 U.S.C. 1059c)). 

13 (10) MILITARY-CIVIL FUSION STRATEGY.—The 

14 term ‘‘military-civil fusion strategy’’ means the 

15 strategy of the Chinese Communist Party aiming to 

16 mobilize non-military resources and expertise for 

17 military applications, including the development of 

18 technology, improvements in logistics, and other uses 

19 of such resources and expertise, by the People’s Lib20 eration Army. 

21 (11) SECONDARY SCHOOL.—The term ‘‘sec22 ondary school’’ has the meaning given that term in 

23 section 8101 of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 7801). 

13 

•S 3443 IS

1 (12) UNITED STATES PERSON.—The term 

2 ‘‘United States person’’ means— 

3 (A) a United States citizen or an alien law4 fully admitted for permanent residence to the 

5 United States; or 

6 (B) an entity organized under the laws of 

7 the United States or of any jurisdiction within 

8 the United States. 

9 SEC. 3. PROHIBITIONS RELATING TO HIGHER EDUCATION. 

10 (a) PROHIBITION ON COVERED RELATIONSHIPS.— 

11 (1) IN GENERAL.—An institution of higher edu12 cation, including any member of the faculty or staff 

13 of an institution of higher education, that receives 

14 Federal funds— 

15 (A) shall not enter into or maintain a cov16 ered relationship with a covered person; and 

17 (B) shall establish and maintain a policy 

18 to— 

19 (i) prohibit faculty and staff of the in20 stitution from entering into or maintaining 

21 covered relationships with covered persons; 

22 (ii) require faculty and staff to report 

23 to the institution covered relationships with 

24 foreign sources; and 

14 

•S 3443 IS

1 (iii) provide guidance to faculty and 

2 staff to help faculty and staff— 

3 (I) take preventative actions re4 garding covered relationships with 

5 covered persons; and 

6 (II) identify existing covered rela7 tionships with covered persons. 

8 (2) ENFORCEMENT.—Upon determination, 

9 after reasonable notice and opportunity for a hear10 ing, that an institution of higher education has 

11 knowingly violated subparagraph (A) of paragraph 

12 (1), including by failing to exercise reasonable over13 sight over its faculty and staff with respect to pre14 venting a violation of subparagraph (A) of para15 graph (1)— 

16 (A) the Secretary may suspend or termi17 nate the eligibility status for any or all Federal 

18 funding (including funding under the Higher 

19 Education Act of 1965 (20 U.S.C. 1001 et 

20 seq.)) of any otherwise eligible institution, in 

21 accordance with procedures specified in such 

22 Act as applicable, until the Secretary finds that 

23 such practices have been corrected; or 

24 (B) the Secretary may impose a civil pen25 alty upon such institution. 

15 

•S 3443 IS

1 (b) PROHIBITION OF OWNERSHIP, OPERATION, OR

2 CONTROL.— 

3 (1) IN GENERAL.—Subject to paragraph (2), an 

4 institution of higher education shall not be eligible to 

5 receive Federal funds if that institution is owned, 

6 operated, or controlled by a covered person. 

7 (2) TRANSITION PERIOD.— 

8 (A) INSTITUTIONS THAT ARE NONCOMPLI9 ANT AS OF THE DATE OF ENACTMENT.—Not10 withstanding any other provision of law, and on 

11 a case-by-case basis, the Secretary may allow 

12 an institution that is owned, operated, or con13 trolled by a covered person as of the date of en14 actment of this Act a transition period of not 

15 more than 4 years from the date of enactment 

16 of this Act, during which time the institution 

17 may continue to receive Federal funding. 

18 (B) INSTITUTIONS THAT ARE NONCOMPLI19 ANT AFTER THE DATE OF ENACTMENT.—Not20 withstanding any other provision of law, and on 

21 a case-by-case basis, the Secretary may allow 

22 an institution with respect to which the status 

23 of being owned, operated, or controlled by a 

24 covered person came into effect after the date 

25 of enactment of this Act a transition period of 

16 

•S 3443 IS

1 not more than 1 year from the date on which 

2 that institution is found to be owned, operated, 

3 or controlled by a covered person, during which 

4 time the institution may continue to receive 

5 Federal funding. 

6 (3) IDENTIFICATION OF NONCOMPLIANT INSTI7 TUTIONS.—Not later than 1 year after the date of 

8 enactment of this Act, the Secretary shall identify 

9 institutions that are owned, operated, or controlled 

10 by a covered person and notify such institutions 

11 about the prohibition under this subsection. 

12 (c) REPORTS BY IHES.—Each institution of higher 

13 education shall annually submit a report to each Federal 

14 agency from which that institution receives Federal fund15 ing, containing information about— 

16 (1) the extent to which the institution (includ17 ing faculty and staff of the institution) has, or has 

18 had, covered relationships with covered persons; 

19 (2) the extent to which covered entities have 

20 undermined or undermine academic integrity, influ21 ence academic and extra-curricular activities, and 

22 stifle free speech, at the institution of higher edu23 cation; 

17 

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1 (3) preventative actions that the institution of 

2 higher education took or plans to take regarding 

3 covered relationships with covered persons; 

4 (4) enforcement actions that the institution of 

5 higher education took or plans to take regarding 

6 covered relationships with covered persons; and 

7 (5) any ways in which the Federal agency could 

8 help the institution of higher education— 

9 (A) take preventative actions regarding 

10 covered relationships with covered persons; and 

11 (B) identify existing covered relationships 

12 with covered persons of which the institution of 

13 higher education is not aware. 

14 (d) REPORT TO CONGRESS.—The Secretary of Edu15 cation, in consultation with every other Federal agency 

16 that provides funding to institutions of higher education, 

17 shall provide an annual report to Congress that shall in18 clude, at minimum— 

19 (1) information about the extent to which insti20 tutions of higher education have had or have rela21 tionships with foreign sources, particularly covered 

22 persons; 

23 (2) the extent to which covered persons have 

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1 ence academic and extra-curricular activities, and 

2 stifle free speech, at institutions of higher education; 

3 (3) preventative actions that the Federal agen4 cies took or plan to take regarding covered relation5 ships with covered persons; 

6 (4) enforcement actions that the Federal agen7 cies took or plan to take regarding covered relation8 ships with covered persons; and 

9 (5) any technical assistance that the Secretary 

10 or any other Federal agency has carried out to help 

11 institutions of higher education— 

12 (A) take preventative actions regarding 

13 covered relationships with covered persons; and 

14 (B) identify existing covered relationships 

15 with covered persons of which the institution of 

16 higher education is not aware. 

17 SEC. 4. PROHIBITIONS RELATING TO ELEMENTARY AND 

18 SECONDARY EDUCATION. 

19 (a) PROHIBITIONS RELATING TO COVERED RELA20 TIONSHIPS WITH COVERED PERSONS.—Subpart 2 of part 

21 F of title VIII of the Elementary and Secondary Edu22 cation Act of 1956 (20 U.S.C. 7901) is amended by insert23 ing after section 8549C the following new section: 

19 

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1 ‘‘SEC. 8549D. PROHIBITION ON COVERED RELATIONSHIPS 

2 WITH COVERED PERSONS. 

3 ‘‘(a) IN GENERAL.—Each State receiving funds 

4 under this Act shall, as a condition of receiving adminis5 trative funds under this Act— 

6 ‘‘(1) establish and implement a statewide pol7 icy— 

8 ‘‘(A) prohibiting elementary schools and 

9 secondary schools receiving funds under this 

10 Act, and their faculty, teachers, and staff from 

11 entering into or maintaining covered relation12 ships with covered persons; 

13 ‘‘(B) enforcing such prohibition; and 

14 ‘‘(C) helping elementary schools and sec15 ondary schools identify current violations of 

16 such prohibition, and avoid entering into cov17 ered relationships with covered persons; 

18 ‘‘(2) develop reporting requirements for elemen19 tary and secondary schools receiving funds under 

20 this Act to enable the State to certify to the Sec21 retary that the State is in compliance with this sec22 tion, and make such certifications; 

23 ‘‘(3) provide such data that the Secretary re24 quires, which shall include, at minimum— 

25 ‘‘(A) the extent to which elementary 

26 schools and secondary schools receiving funds 

20 

•S 3443 IS

1 under this Act have had or have covered rela2 tionships with covered persons; 

3 ‘‘(B) the extent to which covered entities 

4 have undermined or undermine academic integ5 rity, influence academic and extra-curricular ac6 tivities, and stifle free speech, at such schools; 

7 ‘‘(C) preventative actions that the State 

8 took or plans to take regarding the require9 ments under this section; and 

10 ‘‘(D) enforcement actions that the State 

11 took or plans to take regarding the require12 ments under this section. 

13 ‘‘(b) REPORT.—The Secretary shall prepare and sub14 mit an annual report to Congress on— 

15 ‘‘(1) the extent of the covered relationships be16 tween schools described in this section and covered 

17 persons; 

18 ‘‘(2) the extent to which covered entities under19 mine academic integrity, influence academic and 

20 extra-curricular activities, and stifle free speech at 

21 such schools; and 

22 ‘‘(3) any preventative and enforcement actions 

23 the Secretary and the States took or plan to take re24 garding the requirements of this section. 

21 

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1 ‘‘(c) DEFINITIONS.—In this section, the terms ‘cov2 ered person’ and ‘covered relationship’ shall have the 

3 meanings given such terms in section 2 of the Protecting 

4 Education from Malign Foreign Influence Act of 2023.’’. 

5 (b) PROHIBITIONS RELATING TO OWNERSHIP, OPER6 ATION, OR CONTROL BY COVERED ENTITIES.— 

7 (1) IN GENERAL.—A private elementary school 

8 or secondary school shall not be eligible to receive 

9 Federal funds if that private elementary school or 

10 secondary school is owned, operated, or controlled by 

11 a covered person. 

12 (2) FUNDS UNDER PART A OF TITLE I.—Sec13 tion 1117 of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 6320) is amended by 

15 adding at the end the following: 

16 ‘‘(f) INELIGIBILITY.— 

17 ‘‘(1) IN GENERAL.—In accordance with section 

18 4(b) of the Protecting Education from Malign For19 eign Influence Act of 2023 (including the transition 

20 provisions of such section), a private elementary 

21 school or secondary school shall not be eligible to re22 ceive funds under this section if that private elemen23 tary school or secondary school is owned, operated, 

24 or controlled by a covered person (as that term is 

22 

•S 3443 IS

1 defined in section 2 of the Protecting Education 

2 from Malign Foreign Influence Act of 2023). 

3 ‘‘(2) PARENT NOTIFICATION.—In the case of a 

4 school that is ineligible to receive funds, as described 

5 in paragraph (1), that school shall notify the parents 

6 of students attending the school about such ineligi7 bility not later than 7 days after receiving notice 

8 from the Department of Education about such ineli9 gibility.’’. 

10 (3) OTHER ESEA FUNDS.—Subpart 1 of part F 

11 of title VIII of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 7881 et seq.) is 

13 amended by adding at the end the following: 

14 ‘‘SEC. 8507. PROHIBITION ON FUNDING FOR SCHOOLS 

15 OWNED, OPERATED, OR CONTROLLED BY A 

16 COVERED PERSON. 

17 ‘‘In accordance with section 4(b) of the Protecting 

18 Education from Malign Foreign Influence Act of 2023 (in19 cluding the transition provisions of such section), a private 

20 elementary school or secondary school— 

21 ‘‘(1) shall not be eligible to receive funds under 

22 this Act (including funds described in section 8501) 

23 if that private elementary school or secondary school 

24 is owned, operated, or controlled by a covered person 

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1 tecting Education from Malign Foreign Influence 

2 Act of 2023); and 

3 ‘‘(2) shall notify parents of students that attend 

4 the school about the ineligibility described in para5 graph (1) not later than 7 days after receiving no6 tice from the Department of Education about such 

7 ineligibility.’’. 

8 (4) TRANSITION PERIOD; IDENTIFICATION.— 

9 (A) SCHOOLS THAT ARE NONCOMPLIANT

10 AS OF THE DATE OF ENACTMENT.—Notwith11 standing any other provision of law, and on a 

12 case-by-case basis, the Secretary may allow a 

13 private elementary school or secondary school 

14 that is owned, operated, or controlled by a cov15 ered person as of the date of enactment of this 

16 Act a transition period of not more than 4 

17 years from the date of enactment of this Act, 

18 during which time the private elementary school 

19 or secondary school may continue to receive 

20 Federal funding. 

21 (B) SCHOOLS THAT ARE NONCOMPLIANT

22 AFTER THE DATE OF ENACTMENT.—Notwith23 standing any other provision of law, and on a 

24 case-by-case basis, the Secretary may allow a 

25 private elementary school or secondary school 

24 

•S 3443 IS

1 with respect to which the status of being owned, 

2 operated, or controlled by a covered person 

3 came into effect after the date of enactment of 

4 this Act a transition period of not more than 1 

5 year from the date on which that private ele6 mentary school or secondary school is found to 

7 be owned, operated, or controlled by a covered 

8 person, during which time such school may con9 tinue to receive Federal funding. 

10 (C) IDENTIFICATION OF NONCOMPLIANT

11 INSTITUTIONS.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary 

13 shall identify private elementary schools or sec14 ondary schools that are owned, operated, or 

15 controlled by a covered person and notify such 

16 schools about the prohibition under this sub17 section. 

18 SEC. 5. PROHIBITION ON RESERVE OFFICERS’ TRAINING 

19 CORPS PROGRAMS AT CERTAIN EDU20 CATIONAL INSTITUTIONS. 

21 The Secretary of a military department may not es22 tablish or maintain— 

23 (1) a unit of the Junior Reserve Officers’ 

24 Training Corps under chapter 102 of title 10, 

25 

•S 3443 IS

1 United States Code, at a secondary school owned, 

2 operated, or controlled by a covered person; or 

3 (2) a unit of the Senior Reserve Officers’ Train4 ing Corps under chapter 103 of such title at an in5 stitution of higher education owned, operated, or 

6 controlled by a covered person. 

7 SEC. 6. PROHIBITION ON DEPARTMENT OF DEFENSE EDU8 CATION ACTIVITY SCHOOLS, MILITARY SERV9 ICE ACADEMIES, AND BUREAU OF INDIAN 

10 EDUCATION SCHOOLS FROM ENTERING INTO 

11 OR MAINTAINING COVERED RELATIONSHIPS 

12 WITH COVERED ENTITIES. 

13 (a) IN GENERAL.—The Secretary of Defense shall 

14 prohibit any school operated by the Department of De15 fense Education Activity and any military service academy 

16 from entering into or maintaining a covered relationship 

17 with a covered person. 

18 (b) MILITARY SERVICE ACADEMY DEFINED.—In this 

19 section, the term ‘‘military service academy’’ means the 

20 following: 

21 (1) The United States Military Academy. 

22 (2) The United States Naval Academy. 

23 (3) The United States Air Force Academy. 

24 (4) The United States Merchant Marine Acad25 emy. 

26 

•S 3443 IS

1 (5) The United States Coast Guard Academy. 

2 (c) BIE SCHOOLS.—Section 8549D of the Elemen3 tary and Secondary Education Act of 1965 (as added by 

4 section 4) shall apply to the Bureau of Indian Education 

5 with respect to elementary schools and secondary schools 

6 operated or funded by the Bureau of Indian Education 

7 in the same manner as that section applies to States. 

8 SEC. 7. DISCLOSURE REPORTS. 

9 (a) HEA AMENDMENT.—Section 117 of the Higher 

10 Education Act of 1965 (20 U.S.C. 1011f) is amended to 

11 read as follows: 

12 ‘‘SEC. 117. DISCLOSURES OF FOREIGN GIFTS. 

13 ‘‘(a) DISCLOSURE REPORT.—Whenever— 

14 ‘‘(1) any institution is owned, directed, con15 trolled, financed, or influenced directly or indirectly 

16 by a foreign source; or 

17 ‘‘(2) any institution, including a member of the 

18 faculty, professional staff, or other staff, of the insti19 tution enters into or maintains a covered relation20 ship with a foreign source when— 

21 ‘‘(A) the relationship is restricted or condi22 tional; 

23 ‘‘(B) the value of such relationship is 

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1 bination with all other relationships with that 

2 foreign source within a calendar year; or 

3 ‘‘(C) a foreign source involved in the rela4 tionship— 

5 ‘‘(i) resides in or is organized under 

6 the laws of, headquartered in, has its prin7 cipal place of business in, or has more than 

8 25 percent voting stock owned by affiliates 

9 that are citizens of a country that has an 

10 adversarial foreign government; or 

11 ‘‘(ii) is owned, directed, controlled, fi12 nanced, or influenced, directly or indi13 rectly, by an individual who resides in a 

14 country that has an adversarial foreign 

15 government or an entity that is organized 

16 under the laws of, headquartered in, has 

17 its principal place of business in, or has 

18 more than 25 percent voting stock owned 

19 by affiliates that are citizens of, a country 

20 that has an adversarial foreign govern21 ment; 

22 the institution shall file a disclosure report with 

23 the Secretary on January 31 or July 31, which24 ever is sooner. 

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1 ‘‘(b) CONTENTS OF REPORT.—Each report to the 

2 Secretary required by this section shall contain the fol3 lowing: 

4 ‘‘(1) For relationships entered into or main5 tained with a foreign source other than a foreign 

6 government, the aggregate dollar value amount of 

7 gifts, contracts, agreements, partnerships, collabora8 tions, and employment attributable to a particular 

9 country, and for each relationship— 

10 ‘‘(A) the full legal name of the foreign 

11 source; 

12 ‘‘(B) the content of the contract and any 

13 conditions or restrictions; 

14 ‘‘(C) in the case of a foreign source that 

15 is an individual, the country in which the indi16 vidual resides and the individual’s affiliations; 

17 ‘‘(D) in the case of a foreign source that 

18 is an entity, the country where the foreign 

19 source is organized, headquartered, and has its 

20 principal place of business and the entity’s own21 ership; 

22 ‘‘(E) the steps taken to ensure that the 

23 foreign source is not a covered person; 

24 ‘‘(F) the goal of the relationship, the 

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1 ship is curriculum or research oriented, whether 

2 the institution or foreign source received finan3 cial compensation for entering or maintaining 

4 the relationship, along with the amount of the 

5 compensation, and any changes in program or 

6 structure resulting from the relationship. 

7 ‘‘(2) For relationships entered into or main8 tained with a foreign government— 

9 ‘‘(A) the name of the foreign government 

10 and the aggregate dollar value amount of gifts, 

11 contracts, agreements, partnerships, collabora12 tions, and employment with that foreign govern13 ment; 

14 ‘‘(B) a description of the relationship, in15 cluding the content of each such contract, and 

16 any conditions or restrictions; and 

17 ‘‘(C) the goal of the relationship, the 

18 length of the relationship, whether the relation19 ship is curriculum or research oriented, whether 

20 the institution or foreign source received finan21 cial compensation for entering or maintaining 

22 the relationship, along with the amount of the 

23 compensation, and any changes in program or 

24 structure resulting from the relationship. 

30 

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1 ‘‘(3) In the case of an institution that is owned, 

2 directed, controlled, financed, or influenced, directly 

3 or indirectly by a foreign source, the identity of the 

4 foreign source, the foreign source’s affiliations, the 

5 date on which the foreign source assumed such role, 

6 and any changes in program or structure resulting 

7 from such source’s role. 

8 ‘‘(c) RELATION TO PEMFIA.—In accordance with 

9 the Protecting Education from Malign Foreign Influence 

10 Act of 2023, an institution shall not be eligible to receive 

11 funds under this Act if that institution is owned, operated, 

12 directed, or controlled by a covered person. 

13 ‘‘(d) PUBLIC AVAILABILITY.—Not later than 30 days 

14 after the deadline for submission of a disclosure report 

15 under subsection (a), the Secretary shall submit that re16 port to Congress and other appropriate Federal agencies 

17 and make the contents of the disclosure report publicly 

18 available online. The Secretary may disclose a redacted 

19 version of such report to the public only if the Secretary 

20 grants a petition from an institution to redact and the 

21 Secretary has determined that the institution has estab22 lished grounds for such redaction. 

23 ‘‘(e) ENFORCEMENT.— 

24 ‘‘(1) COURT ORDERS.—Whenever it appears 

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1 quirements of this section, including any rule or reg2 ulation promulgated under this section, a civil action 

3 may be brought by the Attorney General, at the re4 quest of the Secretary, in an appropriate district 

5 court of the United States, or the appropriate 

6 United States court of any territory or other place 

7 subject to the jurisdiction of the United States, to 

8 request such court to compel compliance with the re9 quirements of this section. 

10 ‘‘(2) COSTS.—For knowing or willful failure to 

11 comply with the requirements of this section, includ12 ing any rule or regulation promulgated thereunder, 

13 an institution shall, at a minimum, pay to the 

14 Treasury of the United States the full costs to the 

15 United States of obtaining compliance, including all 

16 associated costs of investigation and enforcement. 

17 ‘‘(f) REGULATIONS.—The Secretary may promulgate 

18 regulations to carry out this section. 

19 ‘‘(g) AGENCY COORDINATION.—The Secretary shall 

20 coordinate with other Federal agencies, as appropriate, in21 cluding the Federal Bureau of Investigation and the Office 

22 of the Director of National Intelligence, to ensure that 

23 other Federal agencies have access to disclosure reports 

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1 mentation relating to disclosure reports submitted under 

2 this section. 

3 ‘‘(h) DEFINITIONS.—For the purpose of this sec4 tion— 

5 ‘‘(1) the term ‘contract’ means any agreement 

6 for the acquisition by purchase, lease, or barter of 

7 property or services by the foreign source, for the di8 rect benefit or use of either of the parties; 

9 ‘‘(2) the term ‘covered person’ has the meaning 

10 given that term in section 2 of the Protecting Edu11 cation from Malign Foreign Influence Act of 2023; 

12 ‘‘(3) the term ‘covered relationship’ has the 

13 meaning given that term in section 2 of the Pro14 tecting Education from Malign Foreign Influence 

15 Act of 2023; 

16 ‘‘(4) the term ‘foreign source’ means— 

17 ‘‘(A) a foreign government, including an 

18 agency of a foreign government; 

19 ‘‘(B) a legal entity, governmental or other20 wise, organized under the laws of, 

21 headquartered in, or having its principal place 

22 of business in, a foreign state or states; 

23 ‘‘(C) an individual who is not a citizen or 

24 a national of the United States or a trust terri25 tory or protectorate thereof; and 

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1 ‘‘(D) an agent, including a subsidiary or 

2 affiliate of a foreign legal entity, acting on be3 half of a foreign source; 

4 ‘‘(5) the term ‘gift’ means any gift of money or 

5 property, the fair market value of an in-kind gift, or 

6 a grant, donation, present, award, contribution, or 

7 scholarship; 

8 ‘‘(6) the term ‘institution’ means an institution 

9 of higher education as defined in section 2 of the 

10 Protecting Education from Malign Foreign Influence 

11 Act of 2023; 

12 ‘‘(7) the term ‘restricted or conditional relation13 ship’ means any relationship of any kind which in14 cludes provisions regarding— 

15 ‘‘(A) the employment, assignment, or ter16 mination of faculty; 

17 ‘‘(B) the establishment of departments, 

18 centers, research or lecture programs, or new 

19 faculty positions; 

20 ‘‘(C) the selection or admission of stu21 dents; or 

22 ‘‘(D) the award of grants, loans, scholar23 ships, fellowships, or other forms of financial 

24 aid restricted to students of a specified country, 

34 

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1 religion, sex, ethnic origin, or political opin2 ion.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall apply with respect to relationships en5 tered into, or other activities carried out, on or after the 

6 date of the enactment of this Act, except that the prohibi7 tion described in subsection (c) of section 117 of the High8 er Education Act of 1965 (as amended by subsection (a)) 

9 shall be subject to the transition provisions in section 

10 3(b)(2) of the Protecting Education from Malign Foreign 

11 Influence Act of 2023. 

12 (c) ENSURING COMPLIANCE.—Each Federal agency 

13 shall ensure that no Federal funds under the jurisdiction 

14 of that agency are distributed to an institution that is 

15 knowingly or willfully in violation of section 117 of the 

16 Higher Education Act of 1965 (20 U.S.C. 1011f), as de17 termined by the head of the relevant agency. 

18 SEC. 8. TECHNICAL ASSISTANCE; OTHER REPORTS. 

19 (a) DEPARTMENT OF EDUCATION.—The Secretary of 

20 Education shall provide technical assistance to elementary 

21 schools, secondary schools, and institutions of higher edu22 cation under the Secretary’s jurisdiction to assist those en23 tities and the faculty and staff of those entities in avoiding 

24 covered relationships with covered persons. 

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1 (b) OTHER FEDERAL AGENCIES.—The Secretary of 

2 Defense, the Secretary of Transportation, the Secretary 

3 of Homeland Security, and the Secretary of the Interior 

4 shall also provide such technical assistance to schools and 

5 institutions that are under their respective jurisdictions 

6 with respect to avoiding covered relationships with covered 

7 persons. 

8 SEC. 9. LIMITING EXEMPTION FROM FOREIGN AGENT REG9 ISTRATION REQUIREMENT FOR PERSONS EN10 GAGING IN ACTIVITIES IN FURTHERANCE OF 

11 CERTAIN PURSUITS TO ACTIVITIES NOT PRO12 MOTING POLITICAL AGENDA OF FOREIGN 

13 GOVERNMENTS. 

14 (a) LIMITATION ON EXEMPTION.—Section 3(e) of the 

15 Foreign Agents Registration Act of 1938 (22 U.S.C. 

16 613(e)) is amended by striking the semicolon at the end 

17 and inserting the following: ‘‘, but only if the activities 

18 do not promote the political agenda of a government of 

19 a foreign country;’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 subsection (a) shall apply with respect to activities carried 

22 out on or after the date of the enactment of this Act. 

Æ