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[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.
                                 <all>
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