[Congressional Record Volume 167, Number 91 (Tuesday, May 25, 2021)]
[Senate]
[Pages S3432-S3433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1981. Mrs. MURRAY (for herself and Mr. Burr) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

        Strike section 6122 and insert the following:

     SEC. 6122. LIMITATIONS ON CERTAIN HIGHER EDUCATION ACT GRANT 
                   FUNDING FOR INSTITUTIONS OF HIGHER EDUCATION 
                   WITH CONFUCIUS INSTITUTES.

       (a) Definitions.--In this section--
       (1) 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
       (2) 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).
       (b) Restrictions of Confucius Institutes.--Except as 
     provided in subsection (d), 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 for funds 
     provided under title IV of such Act, unless the Secretary of 
     Education, after consultation with the National Academies of 
     Science, Engineering, and Medicine, determines a waiver of 
     this subsection is appropriate, in accordance with subsection 
     (c).
       (c) Confucius Institute Contracts or Agreements.--The 
     Secretary of Education, after consultation with the National 
     Academies of Science, Engineering, and Medicine, may issue a 
     waiver of subsection (b) for an institution of higher 
     education that maintains a contract or agreement between such 
     institution of higher education and a Confucius Institute, 
     and publishes such waiver on the website of the Department of 
     Education, if--
       (1) the contract or agreement includes clear provisions 
     that--
       (A) protect academic freedom at the institution;
       (B) prohibit the application of any foreign law on any 
     campus of the institution; and
       (C) 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
       (2) the institution makes available for public inspection--
       (A) a true copy of the contract or agreement between the 
     institution and the Confucius Institute; and
       (B) a translation in English of the contract or agreement 
     between the institution and the Confucius Institute that is 
     certified by a third party translator.
       (d) Special Rule.--Notwithstanding any other provision of 
     this section, this section shall not apply to an institution 
     of higher education that maintains a contract or agreement 
     between the institution and a Confucius Institute, if the 
     institution--
       (1) has made available for public inspection--
       (A) a true copy of the contract or agreement between the 
     institution and the Confucius Institute; and
       (B) a translation in English of the contract or agreement 
     between the institution and the Confucius Institute that is 
     certified by a third party translator; and

[[Page S3433]]

       (2) has fulfilled the requirements for a waiver from--
       (A) the Department of Defense as described under section 
     1062 of the National Defense Authorization Act for Fiscal 
     Year 2021 (Public Law 116-283); or
       (B) the Director of the National Science Foundation in 
     accordance with section 2525.
       (e) Sunset.--This section shall cease to be effective on 
     the date that is 5 years after the date of enactment of this 
     Act.
                                 ______