[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 881 Referred in Senate (RFS)]
<DOC>
119th CONGRESS
1st Session
H. R. 881
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2025
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN 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.
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;
(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;
(F) purposefully undermines the United States'
relationship with Taiwan;
(G) aids, abets, or enables the detention,
imprisonment, persecution, or forced labor of Uyghur
Muslims in the People's Republic of China;
(H) willfully and knowingly engages in malicious
activities, including online disinformation campaigns
and propaganda, for the purpose of interfering with
United States Federal, State, or local elections; or
(I) is affiliated with the Chinese Academy of
Sciences.
(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.
(5) Thousand talents program.--The term ``Thousand Talents
Program'' means any technological or educational program funded
or administered by the Chinese Communist Party's Ministry of
Industry and Information Technology.
(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:
(A) The relationship at issue is in the national
security interests of the United States.
(B) The relationship at issue does not present a
direct or indirect national security risk to the United
States or its allies.
(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.
(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:
(1) 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.
(2) The implementation of subsections (b), (c), and (d).
Passed the House of Representatives May 7, 2025.
Attest:
KEVIN F. MCCUMBER,
Clerk.