Act to Prohibit Confucius Institutes in Public Institutions of Higher Education

Summary

This Act would prohibit a public institution of higher education from hosting a Confucius Institute and would prevent a private institution of higher education that hosts a Confucius Institute from receiving or benefiting from state funds. This Act would provide for funds to be appropriated to constituent institutions to transition curriculum.

Act to Prohibit Confucius Institutes in Public Institutions of Higher Education

The [INSERT LEGISLATIVE BODY] enacts:

 

SECTION 1. [INSERT RELEVANT SECTION OF STATUTE REGARDING HIGHER EDUCATION] is amended by adding a new subdivision to read:

 

“The [Board of Governors or INSERT RELEVANT HIGHER EDUCATION GOVERNING BODY] shall adopt a policy prohibiting any constituent institution from hosting a Confucius Institute, as defined in the John S. McCain National Defense Authorization Act for Fiscal Year 2019, P.L. 115-232, at the constituent institution as part of its course of study, cultural programming, or community outreach activities.”

 

SECTION 2. [INSERT RELEVANT SECTION OF STATUTE REGARDING HIGHER EDUCATION] reads as rewritten:

 

“Administration; loss of eligibility for use of scholarships at an institution; unexpended scholarship funds do not revert.

 

(a) The scholarships provided for in this Article shall be administered by the Authority under rules adopted by the Authority in accordance with the provisions of this Article.

 

(a1) The Authority shall adopt a rule that an otherwise eligible private postsecondary institution shall lose eligibility for students to use a scholarship awarded pursuant to this Article at the institution if the institution hosts a Confucius Institute, as defined in the John S. McCain National Defense Authorization Act for Fiscal Year 2019, P.L. 115-232, at the institution as part of its course of study, cultural programming, or community outreach activities. The Authority shall require that all eligible private postsecondary institutions report to the Authority on whether the institutions host a Confucius Institute prior to disbursing scholarship funds to the institutions on behalf of students receiving scholarships under this Article.

 

(b) The Authority may use up to one and one-half percent (1.5%) of the funds appropriated for scholarships under this Article for administrative purposes.

 

(c) Scholarship funds unexpended shall remain available for future scholarships to be awarded under this Article.”

 

SECTION 3. Notwithstanding any provision of law, beginning with the fiscal year [INSERT YEARS] and subsequent fiscal years thereafter, no State agency responsible for the allocation of State funds to a private college or university shall allocate those State funds to a private college or university that hosts a Confucius Institute, as defined in the John S. McCain National Defense Authorization Act for Fiscal Year 2019, P.L. 115-232, at the college or university as part of its course of study, cultural programming, or community outreach activities.

 

SECTION 4. There is appropriated from the General Fund to the [Board of Governors or INSERT RELEVANT HIGHER EDUCATION GOVERNING BODY] of The University of [INSERT STATE] the sum of [INSERT APPROPRIATE DOLLAR FIGURE] in nonrecurring funds for the [INSERT YEARS] fiscal year to be allocated to any constituent institution that is transitioning from hosting a Confucius Institute to developing an alternative curriculum program for Chinese language instruction in compliance with this act.

 

SECTION 5. This act becomes effective [INSERT DATE] and applies beginning with the [INSERT YEARS] academic year.

 

Adopted by the Federalism and International Relations Task Force on July 17, 2020

Approved by the Board of Directors on August 9, 2020