imposing certain prohibitions on foreign influence at University of Wisconsin System institutions

Wisconsin Legislature: AB663: Text as Enrolled

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AB663: Text as Enrolled

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Date of enactment:
2025 Assembly Bill 663

Date of publication*:
2025 WISCONSIN ACT
An Act

to create
36.46 of the statutes;
relating to:
imposing certain prohibitions on foreign influence at University of Wisconsin System institutions.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB663,1
Section
1
.
36.46 of the statutes is created to read:
36.46

Prohibitions on foreign influence.

(1)

Definitions.
In this section:
(a) “Academic partnership” means a faculty or student exchange program, study abroad program, articulation program, recruiting program, or dual degree program.
(b) “Collaboration agreement” means a written statement of mutual interest in academic or research collaboration.
(c) 1. Except as provided under subd. 2., “foreign adversary” means any of the following:
a. The People’s Republic of China, including the Hong Kong Special Administrative Region and the Macau Special Administrative Region.
b. The Republic of Cuba.
c. The Islamic Republic of Iran.
d. The Democratic People’s Republic of Korea.
e. The Russian Federation.
f. The Venezuelan regime of Nicolás Maduro.
2. “Foreign adversary” does not include any country, government, regime, or person specified under subd. 1. if the country, government, regime, or person is not included in the list of foreign adversaries under 15 CFR 791.4, as amended from time to time.
(d) “Foreign principal” means any of the following:
1. An official of a foreign adversary.
2. A political party or member of a political party associated with a foreign adversary.
3. An entity or organization organized under the laws of, or having its principal place of business in, a country controlled by a foreign adversary, including a subsidiary of such an entity or organization.
4. An individual who is domiciled in a country controlled by a foreign adversary and who is not a citizen or lawful permanent resident of the United States.
(e) “Political party” means an organization or association of individuals whose aim or purpose is, or that is engaged in any activity devoted in whole or in part to, any of the following:
1. The establishment, administration, control, or acquisition of administration or control of a foreign adversary.
2. The furtherance or influencing of the political or public interest, policies, or relations of a foreign adversary.
(f) “Prohibited business entity” means any company, other than a U.S. person, as defined in 15 CFR 772.1, or a U.S. subsidiary, as defined in 15 CFR 772.1, to which any of the following applies:
1. The company is primarily domiciled, incorporated, or headquartered in, or listed on a securities exchange in, a country controlled by a foreign adversary.
2. The company has its principal place of business in a country controlled by a foreign adversary.
3. The company is controlled by, or a majority of the ownership interest in the company is held by an entity that is controlled by, the government of the People’s Republic of China, the Chinese Communist Party, the Chinese military, or any instrumentality of the Chinese government, including the State-owned Assets Supervision and Administration Commission of the State Council of the National Social Security Fund.
4. The company is a subsidiary of a company described in subds. 1. to 3.
(g) “Research partnership” means a formal or informal agreement, contract, memorandum of understanding, joint project, consortium, or other collaborative arrangement with any college or university, including its research centers and laboratories, based in a country controlled by a foreign adversary, or with any foreign adversary or foreign principal, for the purpose of jointly conducting, funding, or facilitating scientific, technological, engineering, medical, social science, or other scholarly research.
(2)

Foreign grants, collaboration agreements, academic partnerships, research partnerships, or educational software.
(a) Neither the board nor an institution may do any of the following:
1. Accept any grant from a college or university based in a country controlled by a foreign adversary, or from a foreign adversary or foreign principal.
2. Except as provided in par. (b), participate in any collaboration agreement with a college or university based in a country controlled by a foreign adversary, or with a foreign adversary or foreign principal.
3. Except as provided in par. (b), participate in any academic partnership or research partnership with a college or university, or an academic or other research partner, based in a country controlled by a foreign adversary, or with a foreign adversary or foreign principal.
(b) 1. Subject to subds. 2. to 4., upon approval by the board, an institution may enter into a collaboration agreement, academic partnership, or research partnership with a college or university based in a country controlled by a foreign adversary, or with a foreign adversary or foreign principal, if the board determines the collaboration agreement, academic partnership, or research partnership is valuable to students and to the institution and is not detrimental to the safety or security of the United States or its residents.
2. The board may not approve a collaboration agreement, academic partnership, or research partnership under subd. 1. if the collaboration agreement, academic partnership, or research partnership would constrain the institution’s freedom of contract or allow the institution’s curriculum or values to be directed or controlled by a foreign adversary or foreign principal.
3. The board may not approve a collaboration agreement, academic partnership, or research partnership under subd. 1. until the board requests and receives a national security risk assessment of the proposed collaboration agreement, academic partnership, or research partnership by a federal law enforcement agency.
4. In the 2025-27 fiscal biennium, neither the board nor an institution may enter into any collaboration agreement or academic partnership with the Russian Federation.
(c) Neither the board nor an institution, nor a researcher employed by the system, may approve, continue, or enter into any collaboration agreement, academic partnership, or research partnership with a college or university based in a country controlled by a foreign adversary, or with a foreign adversary or foreign principal, if any project under the collaboration agreement, academic partnership, or research partnership is funded in full or in part by the U.S. department of defense or any successor organization to the U.S. department of defense.
(d) The board shall adopt a policy prohibiting each institution from procuring or using educational software from a prohibited business entity.
(3)

Foreign gifts and cultural exchange payments.
(a) Neither the board nor an institution, nor any employee or representative of the system, may solicit or accept any gift in an official capacity, including any physical object, loan, reward, promise of future employment, favor, or service, from a college or university based in a country controlled by a foreign adversary or from a foreign adversary or foreign principal.
(b) Neither the board nor an institution may accept anything of value conditioned upon participation in a program or other endeavor to promote the language or culture of a country controlled by a foreign adversary.
(4)

Annual report.
(a) No later than December 1, 2026, and by December 1 of each year thereafter, the board shall submit a report to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), relating to collaboration agreements, academic partnerships, and research partnerships of the board or any institution with colleges and universities based in a country controlled by a foreign adversary or with a foreign adversary or foreign principal.
(b) The report under par. (a) shall include, at a minimum, detailed information, for the immediately preceding fiscal year, with respect to all of the following:
1. Each collaboration agreement, academic partnership, or research partnership involving an institution and any college or university based in a country controlled by a foreign adversary or a foreign adversary or foreign principal.
2. Each office, campus, or other physical location used or maintained by an institution in a country controlled by a foreign adversary.
3. The date on which any collaboration agreement, academic partnership, or research partnership reported under subd. 1. is expected to terminate.
4. Each collaboration agreement, academic partnership, or research partnership reported under subd. 1. for which a requirement under sub. (2) (b) was not satisfied.
5. Each request by the board for a national security risk assessment as provided in sub. (2) (b) 3. and, for each, the determination made by the federal law enforcement agency in response to the request.
6. Any other program or contract, not reported under subd. 1., between the board or an institution and any college or university based in a country controlled by a foreign adversary or a foreign adversary or foreign principal.
(5)

Penalty.
(a) If an institution violates this section, the joint committee on finance may do all of the following:
1. Determine the monetary value to the institution of any violating collaboration agreement, academic partnership, or research partnership or otherwise resulting from the violation.
2. Provide notice to the legislative reference bureau of its determination under subd. 1. along with an amount that is twice the monetary value determined under subd. 1.
(b) The legislative reference bureau shall publish the notice under par. (a) 2. in the Wisconsin Administrative Register under s. 35.93 (2).
(c) Upon publication of the notice under par. (b), the secretary of administration shall transfer the amount specified in the notice from the appropriation account under s. 20.285 (1) (a) to the appropriation account under s. 20.865 (4) (a) in the fiscal year in which the notice is published.
AB663,2
Section
2
. Initial applicability.
(
1
) The treatment of s. 36.46 (2) (a) 2. and 3. and (c) first applies to participation in collaboration agreements, academic partnerships, and research partnerships on the effective date of this subsection.
(
2
) The treatment of s. 36.46 (2) (a) 1. and (3) first applies to the receipt of grants, gifts, or other things on the effective date of this subsection.
AB663,3
Section
3
. Effective date.

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