Transparency for Confucius Institutes

#7138 | HR Congress #116

Last Action: Referred to the House Committee on Education and Labor. (6/8/2020)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

This bill, known as the "Transparency for Confucius Institutes," aims to amend the Higher Education Act of 1965 by requiring institutions of higher education to enter into program participation agreements with Hanban (Office of Chinese Language Council International) if a Confucius Institute operates on their campus. These agreements must clearly distinguish between the Confucius Institute's programs and the institution's own Chinese language programs, physically separate the Confucius Institute from other programs within the institution, and remove the Chinese assistant director position from the Confucius Institute. The staff and professors of the Confucius Institute must also undergo appropriate background checks. These agreements must be made publicly available online and cannot contain confidentiality clauses. The institution also maintains final decision-making authority over conference themes, guest speakers, and event topics related to the Confucius Institute on campus.

Possible Impacts


1. The legislation could affect institutions of higher education by requiring them to enter into program participation agreements with Hanban (Office of Chinese Language Council International) if a Confucius Institute operates on their campus. This could potentially limit the institution's autonomy in managing their own Chinese language and cultural programs.
2. The legislation could affect staff and professors of Confucius Institutes by subjecting them to background checks, which could potentially limit their employment opportunities or create a barrier to their participation in the program.
3. The legislation could affect the public by requiring program participation agreements to be made publicly available online and without a confidentiality section. This could increase transparency and allow the public to have access to information about the operations of Confucius Institutes on college campuses.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7138 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7138

     To amend the Higher Education Act of 1965 to require program 
 participation agreements between institutions of higher education and 
     Hanban if a Confucius Institute operates on the campus of the 
                              institution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2020

 Mr. Roy (for himself, Mr. Yoho, Mr. Gaetz, Mr. Gohmert, Mr. Weber of 
 Texas, Mr. Brooks of Alabama, Mr. Posey, Mr. Kevin Hern of Oklahoma, 
 Mr. Fulcher, and Mr. Gosar) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
     To amend the Higher Education Act of 1965 to require program 
 participation agreements between institutions of higher education and 
     Hanban if a Confucius Institute operates on the campus of the 
                              institution.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency for Confucius 
Institutes''.

SEC. 2. PROGRAM PARTICIPATION AGREEMENTS BETWEEN INSTITUTIONS AND 
              HANBAN.

    Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)) is amended by adding at the end the following:
            ``(30) If a Confucius Institute (as defined in section 1091 
        of the John S. McCain National Defense Authorization Act for 
        Fiscal Year 2019 (132 Stat. 1997; Public Law 115-232)) operates 
        on the campus of the institution, the institution shall enter 
        into a program participation agreement with the Office of 
        Chinese Language Council International (commonly known as 
        `Hanban') that--
                    ``(A) clearly delineates between the Confucius 
                Institute's programs and the institution's own Chinese 
                language programs;
                    ``(B) locates the Confucius Institute physically 
                apart from the Chinese language programs, Chinese 
                history programs, and Chinese cultural programs within 
                the institution's organizational structure and 
                separates promotions for the Confucius Institute from 
                promotions for the institution's Chinese language 
                programs, Chinese history programs, and Chinese 
                cultural programs;
                    ``(C) removes the Chinese assistant director 
                position from the Confucius Institute;
                    ``(D) subjects the staff and professors of the 
                Confucius Institute to appropriate background checks;
                    ``(E) is publicly available in its entirety online;
                    ``(F) does not have a confidentiality section; and
                    ``(G) provides that the institution has final 
                decision-making authority, including with regard to 
                conference themes, guest speakers, and topics for 
                events on campus at the institution.''.
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