HF 575 (LSB 1532HV (2) 91)

HOUSE FILE 575

BY  COMMITTEE ON HIGHER EDUCATION

(SUCCESSOR TO HSB 54)

A BILL FOR

An Act requiring reporting by regents institutions of funding from certain foreign sources and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  SHORT TITLE.  This Act shall be known and may be cited as the “Combatting Foreign Funding of Higher Education Act”.
    Sec. 2.  NEW SECTION.  261K.1  Definitions.
   1.  “Contract” means any agreement, pledge, or memorandum of understanding for the acquisition by purchase, lease, or barter of property or services by a foreign source for the direct benefit or use of either of the parties to the agreement.
   2.  “Foreign source” means any of the following:
   a.  A foreign government, including an agency of a foreign government.
   b.  A legal entity, governmental or otherwise, created solely under the laws of a foreign government.
   c.  An individual who is not a citizen or a national of the United States or a territory or protectorate thereof.
   d.  An agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source.
   3.  “Public institution of higher education” means an institution of higher learning governed by the state board of regents.
   4.  “Reportable funding” means any contract, gift, grant, endowment, award, or donation, payment in exchange for services, capital investment, salary, wage, compensation, fee, or other monetary exchange, including any pledge, promise, agreement, or expressed intention by a foreign source to provide funding which exceeds fifty thousand dollars in value or is expected to exceed fifty thousand dollars in value over the projected length of the funding relationship between the public institution of higher learning and the foreign source.
    Sec. 3.  NEW SECTION.  261K.2  Annual report on foreign funding.
   Annually by December 31, each public institution of higher education shall prepare a report that includes all of the following information:
   1.  The amount of reportable funding received by the institution during the previous fiscal year.
   2.  A description of the type of reportable funding received and the purpose thereof, including identification of the contract involved in the funding.
   3.  A detailed description of the foreign source providing the reportable funding, including the name and address of the entity or individual providing the funding.
    Sec. 4.  NEW SECTION.  261K.3  Procedures for report.
   1.  Annually by January 15, each public institution of higher education shall post the report required by section 261K.2 on the institution’s internet site in an easily accessible format and provide the report to the governor and the general assembly.
   2.  Each public institution of higher education shall regularly update the report posted on the institution’s internet site.
   3.  A report required by section 261K.2 and any updates to the report are public records for the purposes of chapter 22.
    Sec. 5.  NEW SECTION.  261K.4  Enforcement.
   The attorney general may bring an action against a public institution of higher education for a writ of mandamus to compel the institution to comply with this chapter.
    Sec. 6.  NEW SECTION.  261K.5  Exception.
   This chapter does not require reporting of payments made by a natural person who would otherwise qualify as a foreign source for tuition or related fees to support an individual matriculating as a student at a public institution of higher education.
    Sec. 7.  EFFECTIVE DATE.  This Act takes effect January 1, 2026.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires each regents institution to prepare a report annually by December 31 that includes specified information on certain funding received from foreign sources, as defined in the bill. This information includes the amount, type, and purposes of the funding and a description of the foreign source.
   The bill requires each institution to post the report required on the institution’s internet site, provide the report to the governor and the general assembly, and update the report regularly. The report and updates are public records.
   The bill authorizes the attorney general to bring an action against a regents institution for a writ of mandamus to compel the institution to comply with the bill.
   The bill does not require reporting of payments made by a natural person who would otherwise qualify as a foreign source for tuition or related fees to support an individual matriculating as a student at a regents institution.
   The bill takes effect January 1, 2026.