Bills of Congress by U.S. Congress

H.R.881 - DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act (119th Congress)

Summary

H.R.881, the "DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act," aims to limit Department of Homeland Security (DHS) funding to institutions of higher education that maintain relationships with Confucius Institutes, the Thousand Talents Program, or Chinese entities of concern. The bill defines "Chinese entity of concern" broadly, encompassing entities involved in military-civil fusion, defense industries, or activities undermining U.S. interests. It allows for waivers under specific conditions, including national security interests or the absence of direct national security risks, subject to Congressional notification.

Expected Effects

The primary effect of this act will be to pressure U.S. colleges and universities to sever ties with Confucius Institutes and other entities deemed to be security risks by the U.S. government. This could lead to a reduction in Chinese influence on U.S. campuses and greater scrutiny of international collaborations. The act also mandates reporting requirements for the DHS, increasing transparency regarding these relationships.

Potential Benefits

  • Enhanced National Security: Reduces potential for espionage and intellectual property theft on college campuses.
  • Protection of Academic Integrity: Limits foreign influence over curriculum and research.
  • Transparency: Increases oversight of relationships between U.S. institutions and foreign entities.
  • Discourages Undesirable Activities: Deters activities like forced labor and online disinformation campaigns.
  • Promotes Fair Competition: Creates a more level playing field by reducing the influence of foreign governments.

Potential Disadvantages

  • Academic Freedom Concerns: May be perceived as infringing on academic freedom and open exchange of ideas.
  • Financial Impact on Universities: Could reduce funding opportunities for institutions that rely on DHS grants.
  • Strained International Relations: May negatively impact U.S.-China relations and educational partnerships.
  • Administrative Burden: Creates additional reporting and compliance requirements for universities and the DHS.
  • Potential for Overreach: The broad definition of "Chinese entity of concern" could lead to unintended consequences.

Constitutional Alignment

The bill's alignment with the U.S. Constitution is complex. Congress has the power to regulate commerce with foreign nations (Article I, Section 8), which could be interpreted to justify restrictions on funding related to certain foreign entities. However, concerns could be raised regarding the First Amendment, specifically academic freedom and freedom of association, if the restrictions are overly broad or discriminatory. The waiver provision and reporting requirements may mitigate some constitutional concerns by providing flexibility and oversight.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).