The proposed bill, titled the "Foreign Adversary Higher Education Funding Prohibition Act," aims to amend the Code of West Virginia by establishing a comprehensive framework that prohibits institutions of higher education and their affiliate organizations from accepting any form of funding, including gifts, grants, contracts, and research sponsorships, from designated foreign adversaries. The bill outlines specific legislative findings that highlight the critical role of higher education in national competitiveness and the potential risks posed by foreign entities, particularly from countries such as China, Russia, Iran, North Korea, and Qatar. It also includes definitions of key terms, such as "foreign adversary" and "institution of higher education," and mandates that institutions report any foreign funding above certain thresholds to the West Virginia Higher Education Policy Commission (HEPC).

Additionally, the bill enforces strict penalties for non-compliance, including repayment of prohibited funds, ineligibility for state-funded research grants, and civil penalties. It specifically mandates the termination of Confucius Institutes and similar entities affiliated with foreign adversaries within a specified timeframe. The bill also allows for the designation of additional foreign adversaries by the Governor, with a requirement for public notice. Importantly, it prohibits any waivers of its provisions, reserving that authority solely for the Legislature. The effective date for the bill is set for July 1, 2026, applying to all funding relationships established after that date.

Statutes affected:
Introduced Version: 18B-23-1, 18B-23-2, 18B-23-3, 18B-23-4, 18B-23-5, 18B-23-6, 18B-23-7, 18B-23-8, 18B-23-9, 18B-23-10, 18B-23-11