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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 19039 Foundation funding to institutions hosting or supporting Confucius Institutes us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 163 RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATION 19039 42 U.S.C. § 19039 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s19039 data/legal/raw/us/code/title-42/usc42.xml 3b1917b1ed7e55d97289de857075e65bcd79289b17360dd7d3f7c1f21e54b1eb 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 2f644f8a1e19b985064e2986a49b37fa9c4427a3040a52ee9cde8f0aaf1cf9fc 2026-07-04 official
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42 U.S.C. § 19039 - Foundation funding to institutions hosting or supporting Confucius Institutes

Text

(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 Peoples 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 institutions 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 116283).

(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.

(Pub. L. 117167, div. B, title III, § 10339A, Aug. 9, 2022, 136 Stat. 1555.)

Notes

Editorial Notes

References in TextThis division, referred to in subsec. (b), is div. B of Pub. L. 117167, Aug. 9, 2022, 136 Stat. 1399, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of div. B to the Code, see Short Title note set out under section 18901 of this title and Tables. Division A, referred to in subsec. (b), is div. A of Pub. L. 117167, Aug. 9, 2022, 136 Stat. 1372, known as the CHIPS Act of 2022. For complete classification of div. A to the Code, see Short Title of 2022 Amendment note set out under section 4651 of Title 15, Commerce and Trade, and Tables. Section 1062 of the National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (d)(1), probably means section 1062 of Pub. L. 116283, known as the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, which is set out as a note under section 2241 of Title 10, Armed Forces.