The Chinese Communist Party has taken an interest in Michigan—particularly Camp Grayling, a military training facility about 200 miles north of Detroit.

The FBI has leveled related conspiracy charges against five Chinese nationals, but the activities in question happened last year and the FBI’s court filing doesn’t disclose their whereabouts. This suggests the bureau is at least one step behind the five.    

Fortunately, House-passed legislation now before the Senate could stop such activities before they occur.

Such proposals are necessary. According to reports, the FBI has documented more than one incident of a Chinese national who is or was a foreign exchange student in the U.S. and took photographs of “vital defense sites” while here. 

The five Chinese nationals charged by the FBI studied at the University of Michigan as part of an exchange program with Shanghai Jiao Tong University. In August 2023, court filings say, they were found after midnight with cameras and other recording equipment near military vehicles around Camp Grayling.

At the time, military officials were conducting exercises that included personnel from Taiwan. The Chinese students took photos near classified equipment, local media reported.

Rep. John Moolenaar, R-Mich., chairman of the House Select Committee on the Chinese Communist Party, referred to China’s ruling party in a formal statement: “This case shows once again that CCP espionage can happen anywhere in America and we must be vigilant. The CCP obviously has an interest in Camp Grayling.”

But it gets worse. Records show that after some of these Chinese nationals were stopped later at the Detroit airport, officials found photos of military vehicles on one individual’s hard drive. The FBI engaged others at the Chicago airport and found more evidence that they took photos of military equipment.

Investigators since have uncovered messages on a messaging platform in which the former students talked about trying to delete the images. Prosecutors accused them of misleading investigators, bringing what Moolenaar calls “espionage-related charges” over the stated plan to remove evidence from their mobile devices.

The students graduated in May. As of Thursday, their locations were unknown, according to MLive, a Michigan news outlet that includes The Ann Arbor News.

Meanwhile, Congress continues to consider proactive measures to rein in the Chinese government’s exploitation of college campuses.

The House last month passed a bill sponsored by Rep. August Pfluger, R-Texas, that would prohibit support from the U.S. Department of Homeland Security to any university that has a relationship with a Confucius Institute and other Chinese entities of concern such as the Thousand Talents Program. (Confucius Institutes are Chinese language and culture programs that gave the Chinese Communist Party undue influence on college campuses and in other institutions.)

Congressional lawmakers already have restricted spending for colleges that host Confucius Institutes; many of the institutes changed their name or closed entirely. Even so, research and advocacy organizations such as the National Association of Scholars and Parents Defending Education have found that so-called Confucius Classrooms still exist on nearly two dozen military bases and in more than 160 U.S. education institutions. The FBI lists the Thousand Talents Program as part of its efforts against CCP espionage.

Although Pfluger’s legislation isn’t the last word on blocking the Chinese Communist Party, the provisions provide more scrutiny and oversight on postsecondary institutions’ relationships with organizations and schools in China.

State lawmakers should consider similar proposals.

Last year in Florida, Gov. Ron DeSantis, a Republican, signed three bills limiting the influence of countries of concern such as China, including legislation blocking state colleges from soliciting or accepting gifts in their official capacities from a country of concern. The legislation also prohibits storing “sensitive data” on servers “that might be owned by entities affiliated with the CCP.”

Since it appears that all five former students charged in the Michigan case were present in the U.S. and affiliated with the University of Michigan as part of a joint program with a Chinese university, a restriction on ties with Chinese schools may have proved an effective defense.

Americans shouldn’t have to wait for investigators to play catch-up. Lawmakers already have legislative tools that could help prevent foreign agents from engaging in conspiracy against the U.S. in the first place.