1 Short Title. This act shall be known as the "New Hampshire Higher Education Security Act".

2 Statement of Findings and Purpose. The general court finds that nationals of the People's Republic of China (PRC) who are not U.S. citizens pose a presumptive risk of hostile action through asymmetric warfare perpetrated by the Chinese communist government against the United States of America, and an existential threat to New Hampshire and its citizenry, including through espionage, intellectual property theft, technology transfer, and chemical, biological and cyber terrorism and warfare via affiliation with higher education institutions. These nationals pose a hostile risk to critical infrastructure, supply chains, agriculture, and the lives and livelihoods of Granite Staters. The purpose of this act is to protect national security while providing due process.

3 New Section; PRC Nationals; Admission Prohibited. Amend RSA 187-A by inserting after section 10-a the following new section:

187-A:10-b PRC Nationals; Admission Prohibited.

I. For the purposes of this section:

(a) "PRC national" means any citizen or agent of the People's Republic of China (PRC) who is not a U.S. citizen, including but not limited to those with direct and compromising ties to the PRC, such as employment by PRC state-owned enterprises, membership in the Chinese Communist Party, financial links to the PRC government, pledged allegiance to PRC leaders, or acting on orders originating from the PRC government.

(b) "Higher education institutions" means any public or private college or university in New Hampshire that is accredited by the state.

(c) "Attendance" means the in-person or virtual enrollment as a student, participation in research, employment, or access to campus facilities beyond public events.

II.(a) All higher educations institutions shall be prohibited from:

(1) Permitting the attendance of a PRC national, as defined in RSA 187-A:10-b, I(a).

(2) Entering into partnerships, grants, or research collaborations with entities affiliated with the PRC government.

(b) All higher education institutions shall be required to obtain notarized affidavits from all applicants and current students attesting they are not a PRC national. Such affidavits shall be filed with the department of education within 5 business days of receipt or renewal.

III. Individuals qualifying as "PRC nationals" as defined in RSA 187-A:10-b, I(a), shall have 90 days following the effective date of this act to voluntarily withdraw from the higher education institution which they attend, during which time they may retain their transcripts and academic credits previously attained. Refusal by the individual to withdraw within 90 days following the effective date of this act shall result in the assessment of a penalty established in RSA 187-A:10-b, IV(c) and shall create a presumption of hostile intent, which shall result in:

(a) Mandatory expulsion from the institution of higher education.

(b) Referral to the relevant federal authorities for potential visa revocation.

(c) The institution of higher education being fined $1,000 per day for failing to act where such institution had knowledge of the PRC national being enrolled or present on campus, to be assessed by the attorney general.

IV. The attorney general shall enforce this act by assessing the following penalties for violation of RSA 187-A:10-b, II or RSA 187-A:10-b, III:

(a) For violations by higher education institutions, the attorney general shall fine the higher education institution $100,000 for each violation and may refer such violation to the state treasurer to assess whether said institution shall be also deprived of any state funding. Serial violations or noncooperation by higher education institutions may result in the attorney general recommending revocation or suspension of state accreditation, in addition to any fines and losses of state funding.

(b) Violations by individuals qualifying as PRC nationals shall be a class A misdemeanor, and the attorney general may refer said individual to the Department of Homeland Security. Referral to the Department of Homeland Security may lead to deportation proceedings.

(c) Violations by any faculty or staff employed by a higher education institution shall be a class A misdemeanor.

V. Any person or organization providing actionable information to the secretary of state's office regarding a violation of RSA 187-A:10-b, II or RSA 187-A:10-b, III shall be entitled to receive 10 percent of any recovered funds, including reclaimed tuition or fines, paid from the general fund.

VI. The attorney general may adopt rules pursuant to RSA 541-A relative to the implementation of the provisions of this act.

VII. The attorney general shall issue an annual report to the legislature by no later than December 31 of each year detailing the violations addressed, including but not limited to cases of intellectual property theft or espionage.

VIII. If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section which can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.

4 Effective Date. This act shall take effect January 1, 2027.

1 Short Title. This act shall be known as the "New Hampshire Higher Education Security Act".

2 Statement of Findings and Purpose. The general court finds that nationals of the People's Republic of China (PRC) who are not U.S. citizens pose a presumptive risk of hostile action through asymmetric warfare perpetrated by the Chinese communist government against the United States of America, and an existential threat to New Hampshire and its citizenry, including through espionage, intellectual property theft, technology transfer, and chemical, biological and cyber terrorism and warfare via affiliation with higher education institutions. These nationals pose a hostile risk to critical infrastructure, supply chains, agriculture, and the lives and livelihoods of Granite Staters. The purpose of this act is to protect national security while providing due process.

3 New Section; PRC Nationals; Admission Prohibited. Amend RSA 187-A by inserting after section 10-a the following new section:

187-A:10-b PRC Nationals; Admission Prohibited.

I. For the purposes of this section:

(a) "PRC national" means any citizen or agent of the People's Republic of China (PRC) who is not a U.S. citizen, including but not limited to those with direct and compromising ties to the PRC, such as employment by PRC state-owned enterprises, membership in the Chinese Communist Party, financial links to the PRC government, pledged allegiance to PRC leaders, or acting on orders originating from the PRC government.

(b) "Higher education institutions" means any public or private college or university in New Hampshire that is accredited by the state.

(c) "Attendance" means the in-person or virtual enrollment as a student, participation in research, employment, or access to campus facilities beyond public events.

II.(a) All higher educations institutions shall be prohibited from:

(1) Permitting the attendance of a PRC national, as defined in RSA 187-A:10-b, I(a).

(2) Entering into partnerships, grants, or research collaborations with entities affiliated with the PRC government.

(b) All higher education institutions shall be required to obtain notarized affidavits from all applicants and current students attesting they are not a PRC national. Such affidavits shall be filed with the department of education within 5 business days of receipt or renewal.

III. Individuals qualifying as "PRC nationals" as defined in RSA 187-A:10-b, I(a), shall have 90 days following the effective date of this act to voluntarily withdraw from the higher education institution which they attend, during which time they may retain their transcripts and academic credits previously attained. Refusal by the individual to withdraw within 90 days following the effective date of this act shall result in the assessment of a penalty established in RSA 187-A:10-b, IV(c) and shall create a presumption of hostile intent, which shall result in:

(a) Mandatory expulsion from the institution of higher education.

(b) Referral to the relevant federal authorities for potential visa revocation.

(c) The institution of higher education being fined $1,000 per day for failing to act where such institution had knowledge of the PRC national being enrolled or present on campus, to be assessed by the attorney general.

IV. The attorney general shall enforce this act by assessing the following penalties for violation of RSA 187-A:10-b, II or RSA 187-A:10-b, III:

(a) For violations by higher education institutions, the attorney general shall fine the higher education institution $100,000 for each violation and may refer such violation to the state treasurer to assess whether said institution shall be also deprived of any state funding. Serial violations or noncooperation by higher education institutions may result in the attorney general recommending revocation or suspension of state accreditation, in addition to any fines and losses of state funding.

(b) Violations by individuals qualifying as PRC nationals shall be a class A misdemeanor, and the attorney general may refer said individual to the Department of Homeland Security. Referral to the Department of Homeland Security may lead to deportation proceedings.

(c) Violations by any faculty or staff employed by a higher education institution shall be a class A misdemeanor.

V. Any person or organization providing actionable information to the secretary of state's office regarding a violation of RSA 187-A:10-b, II or RSA 187-A:10-b, III shall be entitled to receive 10 percent of any recovered funds, including reclaimed tuition or fines, paid from the general fund.

VI. The attorney general may adopt rules pursuant to RSA 541-A relative to the implementation of the provisions of this act.

VII. The attorney general shall issue an annual report to the legislature by no later than December 31 of each year detailing the violations addressed, including but not limited to cases of intellectual property theft or espionage.

VIII. If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section which can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.

4 Effective Date. This act shall take effect January 1, 2027.