Sec. 1091. PROHIBITION OF FUNDS FOR CHINESE LANGUAGE INSTRUCTION PROVIDED BY A CONFUCIUS INSTITUTE
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## SEC. 1091 PROHIBITION OF FUNDS FOR CHINESE LANGUAGE INSTRUCTION PROVIDED BY A CONFUCIUS INSTITUTE ###
(a)Prohibition None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be obligated or expended for Chinese language instruction provided by a Confucius Institute. ###
(b)Limitation None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be obligated or expended to support a Chinese language program at an institution of higher education that hosts a Confucius Institute. ###
(c)Waiver The Under Secretary of Defense for Personnel and Readiness may waive the limitation in subsection
(b)with respect to a Chinese language program at a specific institution of higher education if the Under Secretary of Defense for Personnel and Readiness— ####
(1)certifies to the congressional defense committees that— #####
(A)Confucius Institute employees and instructors will provide no instruction or educational support to the program; #####
(B)Confucius Institute employees and instructors will have no authority with regard to the curriculum and activities of the program; and #####
(C)the institution has made available to the Department of Defense all memoranda of understanding, contracts, and other agreements between the institution and the Confucius Institute, or between the institution and any agency of or organization affiliated with the government of the People’s Republic of China; or ####
(2)certifies to the congressional defense committees that— #####
(A)the requirements described in subparagraphs
(A)and
(B)of paragraph
(1)have been met; and #####
(B)the waiver of the limitation in subsection
(b)is necessary for national security, and there is no reasonable alternative to issuing the waiver. ###
(d)Definitions ####
(1)Chinese language program The term “Chinese language program” means any Department of Defense program designed to provide or support Chinese language instruction, including the National Security Education Program, the Language Flagship program, Project Global Officer, and the Language Training Centers program. ####
(2)Confucius institute The term “Confucius Institute” means— #####
(A)any program that receives funding or support from— ######
(i)the Chinese International Education Foundation; or ######
(ii)the Center for Language Exchange Cooperation of the Ministry of Education of the People’s Republic of China; or #####
(B)any 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 the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ###
(e)Rule of Construction The prohibition under subsection
(a)and the limitation under subsection
(b)shall not apply to an institution of higher education by reason that the institution funds or sponsors an event or activity, regardless of any affiliation of any individual who participates in the event or activity, and nothing shall be construed to prohibit funding for other programs, research or other activities at an institution that hosts a Confucius institute.
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Sec. 1091
PROHIBITION OF FUNDS FOR CHINESE LANGUAGE INSTRUCTION PROVIDED BY A CONFUCIUS INSTITUTE
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