This bill restricts institutions of higher education with ties to Confucius Institutes or Chinese entities of concern from receiving Department of Homeland Security funds, with waiver options for national security interests.
August Pfluger
Representative
TX-11
The "DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act" restricts institutions of higher education with ties to Confucius Institutes, the Thousand Talents Program, or Chinese entities of concern from receiving Department of Homeland Security (DHS) funds, unless they terminate such relationships. The Secretary of Homeland Security may waive these restrictions under certain national security conditions, and must provide Congress with justification for any waivers. The Act also requires the DHS to offer guidance to help institutions comply with the law and to submit annual reports to Congress on its implementation.
Party | Total Votes | Yes | No | Did Not Vote |
---|---|---|---|---|
Democrat | 213 | 55 | 153 | 5 |
Republican | 220 | 211 | 0 | 9 |
This bill, the "DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act," is set to change how U.S. colleges and universities get money from the Department of Homeland Security (DHS). Starting 12 months after it becomes law, if a school has a "relationship"—think contracts, agreements, donations, or gifts—with a Confucius Institute, the Thousand Talents Program, or what the bill calls a "Chinese entity of concern," they'll be cut off from DHS funds unless they end that relationship. The main idea is to put some distance between U.S. higher education and certain Chinese government-linked programs or entities, especially those with potential national security implications, as outlined in SEC. 2 of the bill.
So, what exactly are we talking about here? The bill defines a "Confucius Institute" as a cultural institute funded by the Chinese government, and the "Thousand Talents Program" as a technological or educational program funded by the Chinese Communist Party. A "relationship," as per SEC. 2, is pretty broad, covering any contract, formal agreement, donation, or gift between an institution of higher education (defined as per section 102 of the Higher Education Act of 1965) and these entities.
The term "Chinese entity of concern" is where things get a bit more complex. It includes Chinese universities involved in "military-civil fusion" (think military and civilian tech development working together), the defense industrial base, or those affiliated with specific Chinese agencies. It also flags entities that the bill states might be "undermining the U.S. relationship with Taiwan." This definition is quite wide, and how it's interpreted could significantly impact various international academic collaborations, potentially affecting research projects or cultural exchanges that have relied on these partnerships.
The core of SEC. 2 is straightforward: if your college or university has one of these defined relationships, DHS funding stops flowing 12 months after the bill's enactment. For a university research department working on a DHS-funded project, this could mean a scramble to reassess any existing partnerships. However, there's an out. If the institution terminates that relationship, they become eligible for DHS funds again.
There's also a waiver option. The Secretary of Homeland Security can grant a temporary pass, for up to one year at a time, on a case-by-case basis. To get this waiver, the institution needs to have "strong safeguards" to monitor the relationship. Plus, the Secretary, after consulting with the Director of National Intelligence, must decide that either the relationship is in the U.S. national security interest or doesn't pose a direct or indirect national security risk. Congress gets a heads-up 30 days before any waiver is issued or renewed. This means some schools might be able to keep both their partnerships and their DHS funding, but it's not a guarantee and involves a detailed review process.
The bill doesn't just lay down the law; it also tasks the Department of Homeland Security with helping schools navigate these new rules. SEC. 2 directs the DHS Secretary to provide "outreach and technical assistance" to colleges and universities to help them comply. So, if a university administrator is trying to figure out if a particular international research agreement falls under the new rules, DHS is supposed to offer some guidance.
Beyond helping, DHS also has to keep an eye on things. Starting 18 months after the bill is enacted, the Secretary must submit annual reports to Congress. These reports will detail how the restrictions are being implemented, which institutions still have these relationships while receiving DHS funds (presumably through waivers), and how the waiver and assistance provisions are working out. This reporting is meant to keep the process transparent. For folks in higher education, this means a new layer of scrutiny on international partnerships, especially those involving the specified Chinese entities, potentially impacting how they approach global academic engagement and funding.