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42 U.S.C. § 19040 — Foundation funding to institutions hosting or supporting Confucius Institutes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Confucius Institute defined** In this section 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.
**(b) Restrictions of Confucius Institutes** Except as provided in subsection (d), none of the funds made available to the Foundation under this division or division A, or an amendment made by this division or division A, may be obligated or expended to an institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute, unless the Director, after consultation with the National Academies, determines such a waiver is appropriate in accordance with subsection (c).
**(c) Waiver** The Director, after consultation with the National Academies, may issue a waiver for an institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute if such contract or agreement includes clear provisions that—
(1) protect academic freedom at the institution;
(2) prohibit the application of any foreign law on any campus of the institution;
(3) 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 awards that are made, and who is employed at the Confucius Institute; and
(4) prohibit co-location with the institution’s Chinese language, history, and cultural programs and require separate promotional materials.
**(d) Special rule**
(1) **In general** — Notwithstanding any other provision o
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Source file: Laws/federal/codes/united-states-code/title-42/section-19040-foundation-funding-to-institutions-hosting-or-supporting-confucius-insti--a87575cb8f.md
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Source location: Title 42, Chapter 163, § 19040; chapter-163-research-and-development-competition-and-innovation.md
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**(a) Confucius Institute defined** In this section 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.
**(b) Restrictions of Confucius Institutes** Except as provided in subsection (d), none of the funds made available to the Foundation under this division or division A, or an amendment made by this division or division A, may be obligated or expended to an institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute, unless the Director, after consultation with the National Academies, determines such a waiver is appropriate in accordance with subsection (c).
**(c) Waiver** The Director, after consultation with the National Academies, may issue a waiver for an institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute if such contract or agreement includes clear provisions that—
(1) protect academic freedom at the institution;
(2) prohibit the application of any foreign law on any campus of the institution;
(3) 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 awards that are made, and who is employed at the Confucius Institute; and
(4) prohibit co-location with the institution’s Chinese language, history, and cultural programs and require separate promotional materials.
**(d) Special rule**
(1) **In general** — Notwithstanding any other provision of this section, this section shall not apply to an institution of higher education if that institution has fulfilled the requirements for a waiver from the Department of Defense as described under section 1062 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(2) **Exception** — Notwithstanding any other provision of this section, the prohibition under subsection (b) shall not apply to amounts provided to students as educational assistance.
**(e) Effective date** The limitation under subsection (b) shall apply with respect to the first fiscal year that begins after the date that is two years after August 9, 2022, and to any subsequent fiscal year subject to subsection (f).
**(f) Sunset** This section shall cease to be effective on the date that is five years after August 9, 2022.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “appropriate committees of Congress” means—
(A) the Select Committee on Intelligence, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and
(B) the Permanent Select committee 11 So in original. Probably should be “Committee”. on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial Services, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives..22 So in original.
(2) The term “covered entity” means a nonprofit entity, a private entity, a consortium of private entities, or a consortium of nonprofit, public, and private entities with a demonstrated ability to substantially finance, construct, expand, or modernize a facility relating to fabrication, assembly, testing, advanced packaging, production, or research and development of semiconductors, materials used to manufacture semiconductors, or semiconductor manufacturing equipment.
(3) The term “covered incentive”:
(A) means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity, or expanding or modernizing an existing facility within that jurisdiction, a facility described in paragraph (2); and
(B) a workforce-related incentive (including a grant agreement
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Operation and Maintenance Appropriations.—** Amounts appropriated to the Department of Defense for operation and maintenance of the active forces may be used for the following purposes:
(1) Morale, welfare, and recreation.
(2) Modification of personal property.
(3) Design of vessels.
(4) Industrial mobilization.
(5) Military communications facilities on merchant vessels.
(6) Acquisition of services, special clothing, supplies, and equipment.
(7) Expenses for the Reserve Officers’ Training Corps and other units at educational institutions.
**(b) Necessary Expenses.—** Amounts appropriated to the Department of Defense may be used for all necessary expenses, at the seat of the Government or elsewhere, in connection with communication and other services and supplies that may be necessary for the national defense.
**(c) Activities of the National Committee for Employer Support of the Guard and Reserve.—** Amounts appropriated for operation and maintenance may, under regulations prescribed by the Secretary of Defense, be used by the Secretary for official reception, representation, and advertising activities and materials of the National Committee for Employer Support of the Guard and Reserve to further employer commitments to their employees who are members of a reserve component.
**(d) Implementation of Vienna Document 2011.—** Amounts appropriated for operation and maintenance may be used by the Secretary of Defense for travel, transportation, and subsistence expenses for meetings and demonstrations hosted by the Department of Defense for the implementation of the Vienna Document 2011 on Confidence and Security-Building Measures.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Advanced nuclear reactor** — The term “advanced nuclear reactor” has the meaning given the term in [section 16271(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16271/b&num=0&edition=prelim).
(2) **Eligible entity** — The term “eligible entity” means each of—
(A) a State;
(B) an Indian Tribe (as defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim));
(C) a Tribal organization (as defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim));
(D) a unit of local government;
(E) an electric utility (as defined in [section 796 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section796&num=0&edition=prelim));
(F) a National Laboratory (as defined in [section 15801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15801&num=0&edition=prelim));
(G) an institution of higher education (as defined in [section 1001(a) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim)); and
(H) a private entity specializing in—
(i) advanced nuclear technology development;
(ii) nuclear supply chains; or
(iii) with respect to nuclear technologies and nonelectric applications of nuclear technologies, construction, project financing, contract structuring and risk allocation, or regulatory and licensing processes.
(3) **Program** — The term “program” means the program established under subsection (b)(1).
(4) **Secretary** — The term “Secretary” means the Secretary of
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Federal law — U.S. Code and appendices · legal_authorities
Page 9289
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 19040
§ 19039.
Foundation
funding
to
institutions
hosting or supporting Confucius Institutes
(a) Confucius Institute defined
In this section the term ‘‘Confucius Institute’’
means a cultural institute established as a part-
nership 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.
(b) Restrictions of Confucius Institutes
Except as provided in subsection (d), none of
the funds made available to the Foundation
under this division or division A, or an amend-
ment made by this division or division A, may
be obligated or expended to an institution of
higher education that maintains a contract or
agreement between the institution and a Confu-
cius Institute, unless the Director, after con-
sultation with the National Academies, deter-
mines such a waiver is appropriate in accord-
ance with subsection (c).
(c) Waiver
The Director, after consultation with the Na-
tional Academies, may issue a waiver for an in-
stitution of higher education that maintains a
contract or agreement between the institution
and a Confucius Institute if such contract or
agreement includes clear provisions that—
(1) protect academic freedom at the institu-
tion;
(2) prohibit the application of any foreign
law on any campus of the institution;
(3) grant full managerial authority of the
Confucius Institute to the institution, includ-
ing full control over what is being taught, the
activities carried out, the research awards
that are made, and who is employed at the
Confucius Institute; and
(4) prohibit co-location with the institu
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 19040
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.