H.R. 881
119th CONGRESS 1st Session
To establish Department of Homeland Security funding restrictions on institutions of higher education that have a relationship with Confucius Institutes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Table of contents
SEC. 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:
- The term
Chinese entity of concernmeans any university or college in the People’s Republic of China that— - The term
Confucius Institutemeans a cultural institute funded by the Government of the People’s Republic of China. - The term
institution of higher educationhas the meaning given such term in section 102 of the Higher Education Act of 1965 (). 20 U.S.C. 1002 - The term
relationshipmeans, 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. - The term means any technological or educational program funded or administered by the Chinese Communist Party’s Ministry of Industry and Information Technology.
Thousand Talents Program
- The term
- In this section:
- (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 subsection as an “institution”) which has a relationship with a Confucius Institute, Thousand Talents Program, or Chinese entity of concern is ineligible to receive any funds from the Department of Homeland Security, unless the institution terminates the relationship between the institution and such Confucius Institute, Thousand Talents Program, or Chinese entity of concern, as the case may be. Upon termination of such a relationship, the institution at issue shall be eligible to receive funds from the Department of Homeland Security.
- (c) Waiver
- (1) In general
- The Secretary of Homeland Security may, after consultation with the Director of National Intelligence, on a case-by-case basis and for a period not to exceed one year, waive the application of subsection (b) with respect to an institution of higher education if the Secretary determines the institution at issue maintains robust safeguards and enforcement protocols to monitor the relationship at issue, including active measures to detect and deter attempts by Chinese nationals affiliated with a Confucius Institute, Thousand Talents Program, or Chinese entity of concern that is the subject of such relationship to gain unauthorized access to sensitive research, data, or federally funded development activities conducted at or on the premises of, or by, such institution, and either of the following conditions is satisfied:
- The relationship at issue is in the national security interests of the United States.
- The relationship at issue does not present a direct or indirect national security risk to the United States or its allies.
- The Secretary of Homeland Security may, after consultation with the Director of National Intelligence, on a case-by-case basis and for a period not to exceed one year, waive the application of subsection (b) with respect to an institution of higher education if the Secretary determines the institution at issue maintains robust safeguards and enforcement protocols to monitor the relationship at issue, including active measures to detect and deter attempts by Chinese nationals affiliated with a Confucius Institute, Thousand Talents Program, or Chinese entity of concern that is the subject of such relationship to gain unauthorized access to sensitive research, data, or federally funded development activities conducted at or on the premises of, or by, such institution, and either of the following conditions is satisfied:
- (2) Renewal
- The Secretary of Homeland Security may, after consultation with the Director of National Intelligence, annually renew a waiver issued pursuant to paragraph (1) if the Secretary determines all of the conditions described in such paragraph continue to be satisfied.
- (3) Effective dates
- A waiver issued or renewed pursuant to paragraph (1) or (2), respectively, takes effect and applies beginning on the date that is 30 days after such issuance or renewal, as the case may be.
- (4) Notification
- If the Secretary of Homeland Security, after consultation with the Director of National Intelligence, issues or renews a waiver pursuant to paragraph (1) or (2), respectively, not later than 30 days before such issuance or renewal, as the case may be, takes effect, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate written notification regarding such issuance or renewal, including a justification relating thereto.
- (1) In general
- (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.
- (e) Reports
- Not later than 18 months after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding implementation of this section during the immediately preceding 12 month period. Each such report shall include information relating to the following:
- Any institution of higher education that has a relationship with a Confucius Institute, Thousand Talents Program, or Chinese entity of concern and receives funds from the Department of Homeland Security.
- The implementation of subsections (b), (c), and (d).
- Not later than 18 months after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding implementation of this section during the immediately preceding 12 month period. Each such report shall include information relating to the following: