Sec. 6122. Confucius Institutes
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/bill/117/hr/4521/eas/section-6122A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 that term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ).
Except as provided in subsection (e), an institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute shall not be eligible to receive Federal funds provided under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), except funds provided under title IV of such Act, unless the institution satisfies the requirements and conditions of subsection
(c)or (d). The Secretary of Education, in consultation with the National Academies of Science, Engineering, and Medicine, shall evaluate any contract or agreement between an institution of higher education and a Confucius Institute, and publish such evaluation on the website of the Department of Education, to confirm that any 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; and 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. If the Secretary of Education, in consultation with the National Academies of Science, Engineering, and Medicine, cannot confirm that the contract or agreement includes the clear provisions in accordance with paragraph (1), the conditions under such paragraph shall not be considered to be satisfied for the purposes of subsection (b). The Secretary of Education shall ensure that each institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute makes available for public inspection— a true copy of the contract or agreement between the institution and the Confucius Institute; and a translation in English of the contract or agreement between the institution and the Confucius Institute that is certified by a third party translator. 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 ) and made the documents available for public inspection in accordance with subsection (d). This section shall cease to be effective on September 30, 2027.
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