42 U.S.C. § 19039 — Foundation funding to institutions hosting or supporting Confucius Institutes

(a) Confucius Institute defined. A "Confucius Institute" is a cultural institute set up as a partnership between a U.S. college and a Chinese college to teach Chinese language and culture, funded directly or indirectly by the government of the People's Republic of China. (b) Restrictions on Confucius Institutes. Except as allowed under subsection (d), the Foundation cannot spend any money from this division or division A — or any law that amends them — on a college that has a contract or agreement with a Confucius Institute, unless the Director, after talking with the National Academies, grants a waiver under subsection (c). (c) Waiver. The Director, after consulting the National Academies, may waive this restriction for a college with a Confucius Institute contract if that contract clearly does all of the following: protects academic freedom at the college; bans any foreign law from applying on any campus of the college; gives the college full managerial control over the Confucius Institute, including what is taught, what activities happen, what research is funded, and who is hired; and keeps the Confucius Institute separate from the college's own Chinese language, history, and culture programs, with its own separate promotional materials. (d) Special rule. This section does not apply to a college that already met the Department of Defense's waiver requirements under section 1062 of the National Defense Authorization Act for Fiscal Year 2021. Also, the restriction in subsection (b) never applies to money given to students as educational assistance. (e) Effective date. The restriction in subsection (b) starts applying in the first fiscal year that begins more than two years after August 9, 2022, and continues in later years subject to subsection (f). (f) Sunset. This whole section stops being in effect five years after August 9, 2022.