DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act
Bill: H.R.7779 | Sponsor: Rep. Pfluger, August (R-TX)
Policy area: Education

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.

To establish Department of Homeland Security funding restrictions on 
    institutions of higher education that have a relationship with 
             Confucius Institutes, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS Restrictions on Confucius 
Institutes and Chinese Entities of Concern Act''.

SEC. 2. LIMITATIONS ON CONFUCIUS INSTITUTES' HOST SCHOOLS.

    (a) Definitions.--In this section:
            (1) Chinese entity of concern.--The term ``Chinese entity 
        of concern'' means any university or college in the People's 
        Republic of China that--
                    (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'' 
        means a cultural institute funded by the Government of the 
        People's Republic of China.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (4) Relationship.--The term ``relationship'' means, with 
        respect to an institution of higher education, any contract 
        awarded, or agreement entered into, as well as any in-kind 
        donation or gift, received from a Confucius Institute or 
        Chinese entity of concern.
    (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)), Hispanic serving 
institutions (as such term is defined in section 502 of the Higher 
Education Act of 1965 (20 U.S.C. 1101a)), Tribal colleges and 
universities (as such term is defined in section 316(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1059c(b)), and other minority serving 
institutions (as such defined in section 371(a) of the Higher Education 
Act of 1965 (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).
                                                 Union Calendar No. 351

117th CONGRESS

  2d Session

                               H. R. 7779

                          [Report No. 117-454]

_______________________________________________________________________