DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act

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

(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).