Protecting Education from Malign Foreign Influence Act of 2023
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.
Sec. 2 Definitions
Sec. 3 Prohibitions relating to higher education
Sec. 4 Prohibitions relating to elementary and secondary education
“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.”
“(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.”
“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.”
Sec. 5 Prohibition on Reserve Officers' Training Corps programs at certain educational institutions
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
Sec. 7 Disclosure reports
“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;
“(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.”