S.Amdt. 1981

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.
______