DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act
Click any stage to learn more about the legislative process.
Would bar U.S. colleges and universities from receiving Department of Homeland Security funding if they maintain contracts, agreements, or accept gifts from Chinese government-funded cultural institutes (Confucius Institutes), the Thousand Talents Program, or Chinese universities tied to China's military or security apparatus.
The bill targets a longstanding national-security concern that Chinese government-linked programs at American campuses could facilitate espionage, unauthorized access to federally funded research, or interference in U.S. elections.
What this bill would do
What it would do
The bill would direct the Secretary of Homeland Security to make any institution of higher education ineligible for DHS funds if it has a "relationship" — meaning a contract, agreement, in-kind donation, or gift — with a Confucius Institute, the Thousand Talents Program, or a "Chinese entity of concern." Chinese entities of concern are defined as Chinese universities involved in military-civil fusion, China's defense industrial base, forced labor of Uyghur Muslims, election interference, or other specified activities. An institution would regain eligibility upon terminating the relationship. The Secretary may grant a one-year waiver, renewable annually, after consulting the Director of National Intelligence, if the institution maintains robust safeguards and the relationship either serves national security interests or poses no national security risk.
The bill would not restrict DHS from issuing waivers in limited circumstances, and it would not affect funding from other federal agencies. It also does not itself require institutions to terminate relationships — only makes them ineligible for DHS funds until they do. DHS would be required to provide outreach and technical assistance to help institutions achieve compliance.
Key provisions
- 1Would bar institutions of higher education with a relationship with a Confucius Institute, Thousand Talents Program, or Chinese entity of concern from receiving any DHS funds; eligibility restored upon termination.
- 2Would define 'Chinese entity of concern' broadly to include Chinese universities tied to military-civil fusion, defense activities, Uyghur persecution, election interference, or the Chinese Academy of Sciences.
- 3Would authorize the DHS Secretary to grant a one-year waiver — after consulting the Director of National Intelligence — if the institution has safeguards and the relationship serves or does not threaten national security.
- 4Would require DHS to notify Congress at least 30 days before any waiver or renewal takes effect, including a written justification.
- 5Would require DHS to provide outreach and, on request, technical assistance to institutions on complying with the Act.
- 6Would require DHS to submit annual reports to Congress beginning 18 months after enactment on implementation, including a list of affected institutions receiving DHS funds.
Who would be affected
U.S. colleges and universities that currently receive DHS grants, contracts, or other funding and maintain any relationship with a Confucius Institute, Thousand Talents Program, or qualifying Chinese university. Chinese universities affiliated with China's military, defense, or security apparatus are implicated as "entities of concern." The Director of National Intelligence is also consulted in waiver decisions.
Why it matters
Colleges and universities that rely on DHS funding for research, scholarships, or programs would face a direct financial consequence if they do not sever ties with the named Chinese entities. Campuses with active Confucius Institutes or Chinese research partnerships would need to weigh the value of those arrangements against the loss of all DHS funding — potentially covering millions of dollars in grants and contracts.
What would change
Changes to existing law
Amends Higher Education Act of 1965, 20 U.S.C. § 1002 (Sec. 2(a)(3))
Incorporates the Act's definition of 'institution of higher education' to determine which schools are subject to the DHS funding restriction.
Agencies directed to act
Effective dates
- DHS funding restrictions on institutions with qualifying Chinese relationships take effect
- Each waiver or renewal takes effect
- First annual report to Congress due
Funding and costs
Congressional Budget Office estimate
CBO estimates H.R. 881 would have no effect on direct spending, revenues, or the deficit, with administrative costs of less than $500,000 subject to future appropriations.
CBO estimates that H.R. 881 would have no effect on direct (mandatory) spending, revenues, or the deficit in any scoring window through 2035 or in the four consecutive 10-year periods beginning in 2036. The bill would prohibit the Department of Homeland Security from providing funds to higher education institutions that host Confucius Institutes or maintain certain financial relationships with Chinese entities of concern, and would require DHS to report to Congress on affected institutions; however, CBO does not expect the bill to change the total amount of funding DHS provides to higher education. Administrative and reporting costs are estimated at less than $500,000, subject to the availability of appropriated funds (discretionary spending). CBO identified no intergovernmental or private-sector mandates in the bill.
How implementation would work
DHS would be responsible for identifying which institutions have qualifying relationships and enforcing the funding bar at the start of the first fiscal year beginning more than 12 months after enactment. The Secretary may grant one-year waivers after consulting the Director of National Intelligence, with Congress notified at least 30 days before a waiver takes effect. DHS must also provide outreach and technical assistance to institutions and submit annual reports to Congress — beginning 18 months after enactment — detailing which institutions have disqualifying relationships and how the restrictions and waivers are being implemented.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill restricts funding to an institution of higher education (IHE) that has a relationship with a Confucius Institute, Thousand Talents Program, or Chinese entity of concern. The bill defines (1) Confucius Institute as a cultural institute funded by the Chinese government; (2) Thousand Talents Program as any technological or educational program funded or administered by China's Ministry of Industry and Information Technology; and (3) Chinese entity of concern as generally any university or college in China that is involved in China's military, police, or intelligence activities.
Specifically, the Department of Homeland Security (DHS) must ensure that an IHE that has awarded a contract to, entered into an agreement with, or received an in-kind donation or gift from a Confucius Institute, Thousand Talents Program, or Chinese entity of concern is ineligible to receive any funds from DHS, unless the IHE terminates the relationship. The IHE may regain eligibility for these funds upon termination of the relationship.
Legislative subjects
Area studies and international education; Asia; China; Department of Homeland Security; Education; Higher education; International exchange and broadcasting
Committee report
H. Rept. 119-87