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HB 4239

Higher education: other; foreign influence of state institutions of higher education; prohibit. Creates new act.

2025-2026 Regular Session Introduced by Greg Alexander and 14 co-sponsors

HB 4239 bars gifts/agreements with listed foreign countries to Michigan public colleges; requires detailed gift contracts and public reporting; enables inspections and penalties.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
#highereducation:communitycolleges #highereducation:other #highereducation:stateuniversities
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Bill Summary · HB 4239

HB 4239 — Foreign Influence of State Institutions of Higher Education Act

Status: Referred to Committee on Government Operations (passed House May 6 & May 13, 2025)

Purpose / Intent

To limit and increase transparency around relationships between Michigan public higher‑education institutions (state universities and public community/junior colleges) and certain foreign actors by (1) prohibiting agreements or gifts that create foreign control or promote agendas harmful to U.S. safety and security, (2) requiring detailed gift agreements and reporting, and (3) enabling inspections and civil enforcement.

Key definitions

  • Foreign country of concern: People’s Republic of China; Russian Federation; Islamic Republic of Iran; Democratic People’s Republic of Korea; Republic of Cuba; Venezuelan regime of Nicolás Maduro; Syrian Arab Republic; and agencies/entities under significant control of those countries.
  • Foreign source: foreign governments/agencies, entities formed under foreign law, non‑U.S. individuals, or agents acting for any of these.
  • Gift: pledge, contract, grant, endowment, award, donation (money or property), etc.
  • State institution of higher education: Michigan public community/junior colleges and state universities.

Major provisions

  • Prohibitions (Sec. 5 & 9)
    • Institutions may not enter into agreements with or accept grants from a foreign country of concern if the agreement/grant:
    • Constrains the institution’s freedom to contract;
    • Allows the foreign country to direct or control curriculum or program values;
    • Promotes an agenda detrimental to U.S. safety and security (in the adopted substitute, this determination may be made by a majority vote of the institution’s governing board).
    • Institutions may not accept anything of value conditioned on participation in a program to promote the language or culture of a foreign country of concern.
  • Cultural exchange review (Sec. 7)
    • Before executing a cultural‑exchange agreement with a listed country, the institution must share the agreement substance with the U.S. Department of State or another appropriate federal agency concerned with national security or sanctions enforcement.
    • If the federal agency indicates the agreement promotes a harmful agenda, the institution may not enter the agreement.
  • Gift agreements (Sec. 11)
    • Before receiving a gift from a foreign source, the institution and the foreign source must execute a written gift agreement that includes: signatures (chief administrative officer or designee and the foreign source/agent), detailed purpose, named beneficiaries, and a summary of any conditions affecting curricula, faculty, admissions, fees, required public positions, or honorary degrees.
  • Reporting (Sec. 13)
    • Institutions and their affiliate organizations must report to their governing board on January 31 and July 31 each year descriptions of each direct or indirect gift from a foreign source valued at $50,000 or more (or cumulative gifts from a source totaling $50,000), gift value, contract dates (if applicable), foreign source name and, if not a government, country of citizenship/principal residence if known, and a copy of the gift agreement.
    • Reports are public and subject to FOIA.
  • Inspections (Sec. 15)
    • Beginning July 1, 2025, governing boards must annually inspect a random sample of at least 5% of gift agreements and disclosed gifts to determine compliance; they must also inspect specific agreements/gifts upon request (e.g., by certain state leaders per earlier summary).
  • Enforcement & remedies
    • The Michigan Attorney General may bring civil actions to enforce the Act.
    • For knowing, willful, or negligent failure to disclose a required gift, an institution or affiliate may be ordered to pay a civil fine equal to 105% of the undisclosed gift’s value — payable only from nonpublic funds. The AG is entitled to reasonable attorneys’ fees and costs.
  • Repeal
    • Repeals 1986 PA 90 (current law requiring quarterly reporting of foreign contracts/gifts over $100,000 to DTMB with a 5% penalty for nonreporting).

Fiscal impact

  • No fiscal impact on the state reported; indeterminate additional administrative/compliance costs for affected community colleges and public universities that engage with listed foreign actors.

Who is affected

  • Michigan public universities, community and junior colleges, and their affiliate organizations.
  • Foreign governments, foreign entities, and non‑U.S. individuals that provide gifts, grants, contracts, or engage in agreements with those institutions — especially those from the listed countries.

Procedural / timeline notes

  • Introduced March 10–13, 2025 by Rep. William Bruck.
  • Substitute (H‑1) adopted; passed the House (roll call May 6, 2025; subsequent actions May 13, 2025).
  • Referred to Committee on Government Operations for further consideration in the Senate.

Potential practical effects (summary of likely impacts)

  • Increased contractual and reporting requirements for institutions receiving foreign funding or entering cultural exchanges with listed countries.
  • Greater institutional oversight (board inspections, federal pre‑review of cultural exchanges).
  • Possible reduction or restructuring of some collaborations and gifts from the named countries due to added compliance, disclosure, and potential prohibitions.

Compiled from official sources — confirm details with the bill’s official record.

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