DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act

To establish Department of Homeland Security funding restrictions on institutions of higher education that have a relationship with Confucius Institutes, and for other purposes. 1. Short title This Act may be cited as the DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act 2. Limitations on Confucius Institutes’ host schools (a) Definitions In this section: (1) Chinese entity of concern The term Chinese entity of concern (A) is involved in the implementation of military-civil fusion; (B) participates in the Chinese defense industrial base; (C) is affiliated with the Chinese State Administration for Science, Technology and Industry for the National Defense; (D) receives funding from any organization subordinate to the Central Military Commission of the Chinese Communist Party; or (E) provides support to any security, defense, police, or intelligence organization of the Government of the People’s Republic of China or the Chinese Communist Party. (2) Confucius Institute The term Confucius Institute (3) Institution of higher education The term institution of higher education 20 U.S.C. 1002 (4) Relationship The term relationship (b) Restrictions on institutions of higher education Beginning with the first fiscal year that begins after the date that is 12 months after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure that an institution of higher education (referred to in this section as an “institution”) which has a relationship with a Confucius Institute is ineligible to receive any Science and Technology or Research and Development funds from the Department of Homeland Security, unless the institution terminates the relationship between the institution and such Confucius Institute. Upon the termination of such a relationship, the institution at issue shall be eligible to receive Science and Technology or Research and Development funds from the Department of Homeland Security. (c) Chinese entities of concern relationship disclosures Beginning on the date that is 12 months after the date of the enactment of this Act, the Secretary of Homeland Security shall require each institution of higher education which has a relationship with a Chinese entity of concern that is seeking or receives Science and Technology or Research and Development funds from the Department of Homeland Security to notify the Secretary of such relationship. Such notification shall include the following with respect to such relationship: (1) An identification of the Chinese entity of concern. (2) Information relating to the length of such relationship. (3) A description of the nature of such institution’s relationship with such Chinese entity of concern, including the monetary value of any contract awarded, or agreement entered into, as well as any in-kind donation or gift, from such Chinese entity of concern. (d) Assistance The Secretary of Homeland Security shall provide outreach and, upon request, technical assistance to institutions of higher education relating to compliance with this Act. In carrying out this subsection, the Secretary shall provide particular attention to institutions assisting historically Black colleges and universities (as such term is defined in part B of section 322(2) of the Higher Education Act of 1965 ( 22 U.S.C. 1061(2) 20 U.S.C. 1101a 20 U.S.C. 1059c(b) 20 U.S.C. 1067q(a) (e) Waiver (1) In general The Secretary of Homeland Security may waive, on a case-by-case basis, and for a period of not more than one year, the application of subsection (b) to an institution of higher education if the Secretary determines such is in the national security interests of the United States. (2) Renewal The Secretary of Homeland Security may annually renew a waiver issued pursuant to paragraph (1) if the Secretary determines such is in the national security interests of the United States. (3) Notification If the Secretary of Homeland Security issues or renews a waiver pursuant to paragraph (1) or (2), respectively, not later than 30 days after such issuance or renewal, as the case may be, the Secretary shall provide written notification to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding such issuance or renewal, including a justification relating thereto. (f) Reports Not later than 18 months after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding implementation of this Act during the immediately preceding 12 month period. Each such report shall include information relating to— (1) the implementation of subsections (b) and (c), including the information disclosed pursuant to such subsection (c); and (2) outreach and the provision of technical assistance pursuant to subsection (d). August 19, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act This bill restricts funding to an institution of higher education (IHE) that has a relationship with a Confucius Institute (a cultural institute directly or indirectly funded by the Chinese government). It also requires certain disclosures related to Chinese entities of concern (generally, universities or colleges involved in China's military, police, or intelligence activities). Specifically, the Department of Homeland Security (DHS) must ensure that an IHE that has awarded a contract to, entered into an agreement with, or received an in-kind donation or gift from a Confucius Institute is ineligible to receive specified funds from DHS, unless the IHE terminates the relationship. The IHE may regain eligibility for these funds upon termination of the relationship. DHS may waive this funding restriction, on a case-by-case basis and for a period of not more than one year, if it is in the national security interests of the United States. Additionally, an IHE that has a relationship with a Chinese entity of concern and is seeking to receive or receives specified DHS funds must notify DHS about the relationship. DHS must provide outreach and, upon request, technical assistance to IHEs related to compliance with this bill.