Sec. 2. Definitions

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In this Act: The term adversarial foreign government means the government of any of the following: The People's Republic of China. The Russian Federation. The Islamic Republic of Iran. The Democratic People's Republic of Korea. The Republic of Cuba. The regime of Nicolás Maduro in Venezuela. The Syrian Arab Republic. Any other country designated as an adversarial foreign government for purposes of this section by the Secretary of State. The term Confucius classroom means— an entity that has a relationship with a Confucius Institute and seeks to influence early childhood, elementary, or secondary education in the United States; and any successor or replacement entity, or any other similar entity, intended to influence education in the United States.

The term Confucius Institute means— a cultural institution that is directly or indirectly funded by the Government of the People’s Republic of China and seeks to influence education in the United States; and any successor or replacement institution, or any other similar institution, intended to influence education in the United States. The term covered person means a foreign person that is any of the following: An adversarial foreign government, including any agency of an adversarial foreign government, or an official or agent of an adversarial foreign government.

A political party of an adversarial foreign government, including the Chinese Communist Party, or an official or member of such a political party, including any members of the Chinese Communist Party. The People’s Liberation Army, the People’s Armed Police, or any other armed entity affiliated with the Chinese Communist Party or the People’s Republic of China. An entity identified by the Secretary of Defense under section 1260H(a) of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 113 note) as a Chinese military company. Any Chinese military company identified by the Secretary of Defense pursuant to section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 ; 50 U.S.C. 1701 note). Any entity on the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control of the Department of the Treasury. The government of any country determined by the Secretary of State to have repeatedly provided support for acts of international terrorism, for purposes of— section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) ); section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); or section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ). The Government of the Russian Federation, any entity owned or controlled by that Government, or any entity with respect to which the Secretary of the Treasury has imposed sanctions under Executive Order 13662 ( 50 U.S.C. 1701 note; relating to blocking property of additional persons contributing to the situation in Ukraine). Any entity included on any of the following lists maintained by the Department of Commerce: The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations. The Denied Persons List maintained pursuant to section 764.3(a)(2) of the Export Administration Regulations. The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations. The Military End-User List set forth in Supplement No. 7 to part 744 of the Export Administration Regulations. Any entity or individual determined to pose a risk to the national security of the United States, the integrity of education in the United States, or students’ freedom of expression in the United States, by— the Secretary of Education; the Secretary of Defense; or the Secretary of Transportation, the Secretary of the Interior, or the Secretary of Homeland Security, with respect to institutions under the jurisdiction of such Secretaries. An entity substantively involved in the economic or industrial policies or military-civil fusion strategy of the People's Republic of China, including by— accepting funding, performing services, or receiving subsidies, relating to such policies or strategy; or having responsibilities for overseeing economic development projects, including the Made in China 2025 industrial strategy or the Belt and Road Initiative of the Government of the People's Republic of China. Any college or university in the People's Republic of China that is determined by the Secretary of Defense to be substantively involved in the implementation of the military-civil fusion strategy, including any such college or university— known as the Seven Sons of National Defense ; that receives funding from— the People's Liberation Army; or the Equipment Development Department, or the Science and Technology Commission, of the Central Military Commission; involved in military training and education, including any such college or university in partnership with the People's Liberation Army; that conducts military research or hosts dedicated military initiatives or laboratories, including such a college or university designated under the double first-class university plan ; that is designated by the State Administration for Science, Technology, and Industry for the National Defense to host joint construction programs; that has launched a platform for military-civil fusion or created national defense laboratories; and that conducts research or hosts dedicated initiatives or laboratories for any other related security entity beyond the People’s Liberation Army, including the People’s Armed Police, the Ministry of Public Security, and the Ministry of State Security. Any privately owned entity in the People's Republic of China that— has received a military production license from the Government of the People's Republic of China, such as the Weapons and Equipment Research and Production Certificate, the Equipment Manufacturing Unit Qualification, the Weapons and Equipment Quality Management System Certificate, or the Weapons and Equipment Research and Production Unit Classified Qualification Permit; is otherwise known to have set up mechanisms for engaging in activity in support of military initiatives; has a history of subcontracting for the People's Liberation Army or its affiliates; or is participating in, or receiving benefits under, a military-civil fusion demonstration base. An entity owned, directed, operated, controlled, financed, or influenced, directly or indirectly, by an entity or individual described in this paragraph, including a Confucius Institute and a Confucius classroom. An entity or individual that has the ability, through ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, board representation, proxy voting, a special share, contractual arrangements, formal or informal arrangements to act in concert, or other means, to determine, direct, or decide, for an entity described in this paragraph, an important matter. An entity that owns or controls, or is under common ownership or control with, an entity described in this paragraph. The term covered relationship means, at an institutional or school level, or with respect to a faculty or staff member employed at the institution or school— with respect to a covered person— the distribution or receipt of a grant, gift, donation, present, award, contribution, scholarship, or loan; having in place an agreement, including— a written statement of mutual interest in an academic or research collaboration; a written statement in regard to the selection or admission of students; or a written statement in regard to the establishment of departments, centers, or research or lecture programs; a partnership; a collaboration; having in place a contract; or at the individual faculty or staff level, employing or being employed by a covered person; and with respect to a foreign source that is not a covered person— the distribution or receipt of a grant, gift, donation, present, award, or contribution that is equal to or greater than $50,000; a relationship described in clause

(ii)through

(v)of subparagraph (A); or at the individual faculty or staff level, employing or being employed by a foreign source. The term elementary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term foreign person means an individual or entity that is not a United States person. The term foreign source has the meaning given that term in section 117(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1011f(h) ). 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 ), and includes a State maritime academy and a Tribal College or University (as such term is defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c )). The term military-civil fusion strategy means the strategy of the Chinese Communist Party aiming to mobilize non-military resources and expertise for military applications, including the development of technology, improvements in logistics, and other uses of such resources and expertise, by the People’s Liberation Army. The term secondary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term United States person means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; or an entity organized under the laws of the United States or of any jurisdiction within the United States.

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