Sec. 2525. Foundation funding to institutions hosting or supporting Confucius Institutes
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In this section— the term Confucius Institute means a cultural institute established as a partnership between a United States institution of higher education and a Chinese institution of higher education to promote and teach Chinese language and culture that is funded, directly or indirectly, by the Government of the People’s Republic of China; and the term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ).
Except as provided in subsection (d), none of the funds made available to the Foundation under this Act, or an amendment made by this Act, may be obligated or expended to an institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute, unless the Director, after consultation with the National Academies of Science, Engineering, and Medicine, determines such a waiver is appropriate in accordance with subsection (c). The Director, after consultation with the National Academies of Science, Engineering, and Medicine, may issue a waiver for an institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute if such contract or agreement includes clear provisions that— protect academic freedom at the institution; prohibit the application of any foreign law on any campus of the institution; grant full managerial authority of the Confucius Institute to the institution, including full control over what is being taught, the activities carried out, the research grants that are made, and who is employed at the Confucius Institute; and prohibit co-location with the institution’s Chinese language, history, and cultural programs and require separate promotional materials.
Notwithstanding any other provision of this section, this section shall not apply to an institution of higher education if that institution has fulfilled the requirements— for a waiver from the Department of Defense as described under section 1062 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); or under section 6122 with respect to funding the provided under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), except funds provided under title IV of such Act.
Notwithstanding any other provision of this section, the prohibition under subsection
(b)shall not apply to amounts provided to students as educational assistance. The limitation under subsection
(b)shall apply with respect to the first fiscal year that begins after the date that is 2 years after the date of enactment of this Act and to any subsequent fiscal year subject to subsection (f). This section shall cease to be effective on the date that is 5 years after the date of enactment of this Act.
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Sec. 2525
Foundation funding to institutions hosting or supporting Confucius Institutes
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