[House Report 118-574]
[From the U.S. Government Publishing Office]


118th Congress    }                                      {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {    118-574

======================================================================



 
 PROMOTING RESPONSIBLE OVERSIGHT TO ELIMINATE COMMUNIST TEACHINGS FOR 
                              OUR KIDS ACT

                                _______
                                

  July 5, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Ms. Foxx, from the Committee on Education and the Workforce, submitted 
                             the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 6816]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 6816) to prohibit the availability of 
Federal education funds for elementary and secondary schools 
that receive direct or indirect support from the Government of 
the People's Republic of China, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Promoting Responsible Oversight To 
Eliminate Communist Teachings for Our Kids Act'' or the ``PROTECT Our 
Kids Act''.

SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS.

  (a) Prohibition.--Notwithstanding any other provision of law, no 
funds may be made available under an applicable program to any 
elementary school or secondary school that--
          (1) has a partnership in effect with a cultural or language 
        institute directly or indirectly funded by the Government of 
        the People's Republic of China, including a Confucius 
        Institute;
          (2) operates a learning center directly or indirectly 
        supported by the Government of the People's Republic of China 
        (commonly referred to as a ``Confucius Classroom''); or
          (3) otherwise receives support from an individual or entity 
        acting directly or indirectly on behalf of the Government of 
        the People's Republic of China, including support in the form 
        of teaching materials, personnel, funds, or other resources.
  (b) Effective Date.--The prohibition under subsection (a) shall take 
effect on the date that is one year after the date of the enactment of 
this Act.
  (c) Contracts Made Prior to Date of Enactment.--
          (1) In general.--
                  (A) Waiver request submission.--In the case of an 
                elementary school or a secondary school that is a party 
                to a contract described in paragraph (2), the school 
                timely shall submit to the Secretary a request for a 
                waiver of the prohibition under subsection (a) that 
                includes--
                          (i) the complete and unredacted text of the 
                        contract, and if the contract is not in 
                        English, a translated copy of the text into 
                        English; and
                          (ii) a statement demonstrating that the 
                        contract is for the benefit of the school's 
                        mission and students and will promote the 
                        security, stability, and economic vitality of 
                        the United States.
                  (B) Waiver issuance.--the Secretary, upon receipt of 
                a request submitted under subparagraph (A), may issue a 
                waiver to the school for a period beginning on the 
                effective date specified in subsection (b) and ending 
                the date on which the contract terminates.
          (2) Contracts described.--A contract is described in this 
        paragraph if the contract--
                  (A) takes effect before the date of the enactment of 
                this Act;
                  (B) continues to be effective after the effective 
                date specified in subsection (b); and
                  (C) relates to at least one of the circumstances 
                described in paragraph (1), (2), or (3) of subsection 
                (a).
  (d) Notice to Affected Schools.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall provide notice 
to elementary and secondary schools of the requirements of this section 
together with guidance for achieving compliance with such requirements.
  (e) Definitions.--In this section:
          (1) Applicable program.--The term ``applicable program'' has 
        the meaning given that term in section 400(c)(1) of the General 
        Education Provisions Act (20 U.S.C. 1221(c)(1)).
          (2) ESEA terms.--The terms ``elementary school'', ``secondary 
        school'', and ``Secretary'' have the meanings given those terms 
        in section 8101 of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 7801).

                                PURPOSE

    The purpose of H.R. 6816, the Promoting Responsible 
Oversight to Eliminate Communist Teachings for Our Kids 
(PROTECT) Act, is to prohibit federal education funds from 
being given to any elementary school or secondary school that 
directly or indirectly receives support from the Government of 
the People's Republic of China. Forms of support may include 
partnerships with cultural or language institutes funded by 
China, such as the Confucius Institute; operation of Confucius 
Classrooms supported by China; or receiving any form of 
support, including teaching materials, personnel, or funds, 
from an individual or entity acting on behalf of the Chinese 
government.

                            COMMITTEE ACTION

                             118TH CONGRESS

First Session--Hearings

    On September 19, 2023, the Committee's Subcommittee on 
Early Childhood, Elementary, and Secondary Education held a 
hearing on ``Academic Freedom Under Attack: Loosening the CCP's 
Grip on America's Classrooms.'' The purpose of the hearing was 
to examine the covert influence of foreign governments and 
organizations, particularly the Chinese Communist Party, on 
U.S. K-12 schools. Testifying before the Subcommittee were Mr. 
Michael Gonzalez, Senior Fellow, Heritage Foundation, 
Washington, DC; Ms. Gisela Perez Kusakawa, Executive Director, 
Asian American Scholar Forum, New York, NY; Mrs. Nicole Neily, 
President, Parents Defending Education, Arlington, VA; Mr. Ryan 
Walters, State Superintendent of Public Instruction, Oklahoma 
State Department of Education, Oklahoma City, OK.

Second Session--Hearings

    On May 8, 2024, the Committee's Subcommittee on Early 
Childhood, Elementary, and Secondary Education held a hearing 
on ``Confronting Pervasive Antisemitism in K-12 Schools.'' The 
purpose of the hearing was to discuss the proliferation of 
antisemitism in K-12 schools. During the hearing, Committee 
Chairwoman Virginia Foxx (R-NC) asked New York City Chancellor 
David Banks if foreign governments donate significant funding 
to NYC Public Schools. Chancellor Banks stated that the Qatar 
Foundation did, and he followed up after the hearing and 
confirmed that the Italian government and the Consulate General 
of the Republic of Korea contributed funding to NYC K-12 
schools. Testifying before the Subcommittee were Mr. David 
Banks, Chancellor, New York City Public Schools, New York City, 
NY; Ms. Karla Silvestre, President, Montgomery County Board of 
Education, Montgomery County Public Schools, Rockville, MD; Mr. 
Emerson Sykes, Senior Staff Attorney, American Civil Liberties 
Union, New York, NY; Ms. Enikia Ford Morthel, Superintendent, 
Berkeley Unified School District, Berkeley, CA.

Legislative Action

    On December 14, 2023, Representative Kevin Hern (R-OK) 
introduced H.R. 6816, the Promoting Responsible Oversight to 
Eliminate Communist Teachings for Our Kids (PROTECT) Act, with 
Representatives Elise Stefanik (R-NY), Tim Walberg (R-MI), Beth 
Van Duyne (R-TX), David Rouzer (R-NC), Mark Alford (R-MO), 
Brian Babin (R-TX), Bob Good (R-VA), Ben Cline (R-VA), Jake 
Ellzey (R-TX), Josh Brecheen (R-OK), Randy Weber (R-TX), Jake 
LaTurner (R-KS), Ronny Jackson (R-TX), Andrew Ogles (R-TN), 
Burgess Owens (R-UT), Bill Huizenga (R-MI), Scott Franklin (R-
FL), Andrew Clyde (R-GA), Robert Aderholt (R-AL), Joe Wilson 
(R-SC), Rick Allen (R-GA), Nathaniel Moran (R-TX), Chuck 
Edwards (R-NC), Doug LaMalfa (R-CA), James Baird (R-IN), Austin 
Scott (R-GA), Debbie Lesko (R-AZ), and Neal Dunn (R-FL) as 
original co-sponsors. The bill was referred solely to the 
Committee on Education and the Workforce. On June 13, 2024, the 
Committee considered H.R. 6816 in legislative session and 
reported it favorably, as amended, to the House of 
Representatives by a recorded vote of 25-15. The Committee 
considered the following amendments to H.R. 6816:
          1. Representative Moran offered an Amendment in the 
        Nature of a Substitute that adds a provision to address 
        contracts running longer than the Act's implementation 
        timeline so that local educational agencies are not 
        sued for breach of contract. The amendment was adopted 
        by a recorded vote of 25-15.
          2. Representative Bobby Scott (D-VA) offered an 
        amendment that adds an authorization of $300 million 
        per year starting in fiscal year 2025. The amendment 
        failed by a recorded vote of 16-24.

                            COMMITTEE VIEWS

                              INTRODUCTION

    Over the last decade, the Chinese Communist Party and the 
authoritarian government of the People's Republic of China 
(PRC) has fostered relationships with American K-12 schools 
through grants, sister school partnerships, and other 
programming through a program called Confucius Classrooms.

                 CHINA'S ACTIVITY IN U.S. K-12 SCHOOLS

    Styled as language and culture programs, Confucius 
Classrooms are an important element of the PRC's global 
influence campaign. The Chinese government's effort to forge 
ties with American schools through its Ministry of Education 
Office of Chinese Language Council International, which until 
recently was known as ``Hanban,'' is one facet of the Chinese 
Communist Party's (CCP) broader soft-power strategy to 
influence policy in nations throughout the world. The United 
States Senate Permanent Subcommittee on Investigations found 
that expanding Confucius Classrooms in the United States has 
been a top priority for the Chinese government, the United 
States Senate Permanent Subcommittee on Investigations 
found.\1\ Many K-12 schools eagerly accepted CCP-linked grants, 
which came with perks including fully funded teacher exchanges, 
Chinese language programs, and opportunities for American 
students to learn in China.\2\
---------------------------------------------------------------------------
    \1\China's Impact on the U.S. Education System--Permanent 
Subcommittee on Investigations.
    \2\Little Red Classrooms--Parents Defending Education.
---------------------------------------------------------------------------
    Confucious Classrooms are smaller-scale, K-12 versions of 
Confucious Institutes that the CCP has pushed for on U.S. 
college campuses. These institutes purport to teach Chinese 
language and culture. Confucius Institutes are established as 
partnerships between a host institution, a Chinese partner 
(usually a Chinese university), and a Chinese government 
agency. The Ministry of Education Office of Chinese Language 
Council International funds each Confucius Institute, often at 
around $100,000 per year, and asks host institutions to match 
those funds with their own contributions, usually classroom and 
office space.
    China heavily encouraged the creation of Confucius 
Classrooms, and many of these developed as offshoots of a 
Confucius Institute. China strategically deployed and rapidly 
expanded their Confucius Classrooms, going from very few in 
2008 to more than a thousand worldwide by 2017. More than 500 
American K-12 schools have hosted Confucius Classrooms, aided 
in part by the Asia Society, an American nonprofit that 
previously ran a network of 100 Confucius Classrooms before 
they ended the partnership in 2021.\3\ A Parents Defending 
Education report tracked Chinese affiliation in 143 schools 
across 34 states--with at least seven still active today.\4\
---------------------------------------------------------------------------
    \3\Schools: Confucius Classrooms Network Online (asiasociety.org).
    \4\Little Red Classrooms--Parents Defending Education.
---------------------------------------------------------------------------
    Confucius Institute funding comes with strings attached 
that compromise academic freedom. The Chinese government 
approves teachers, events, and speakers and requires teachers 
to sign contracts pledging they will not damage the national 
interests of China. The contracts make clear a Chinese director 
or teacher will be terminated if they ``violate Chinese laws'' 
or ``engage in activities detrimental to national interests,'' 
and states that they must ``conscientiously safeguard national 
interests.''\5\
---------------------------------------------------------------------------
    \5\Microsoft Word--20190227 Chinas Impact on the US Education 
System (senate.gov).
---------------------------------------------------------------------------

                               CONCLUSION

    It is unacceptable that the CCP is attempting to influence 
U.S. K-12 schools. Congress should take immediate action to 
ensure that students are not being indoctrinated with communist 
propaganda. This bill will help ensure that the Chinese 
government does not take advantage of local school districts 
and the parents and students in them.

                                SUMMARY

    The PROTECT Act prohibits federal education funds from 
being given to any elementary school or secondary school that 
directly or indirectly receives support from the Government of 
the People's Republic of China. Forms of support may include 
partnerships with cultural or language institutes funded by 
China, such as the Confucius Institute; operation of Confucius 
Classrooms supported by China; or receiving any form of 
support, including teaching materials, personnel, or funds, 
from an individual or entity acting on behalf of the Chinese 
government.\6\
---------------------------------------------------------------------------
    \6\https://www.congress.gov/bill/118th-congress/house-bill/6816/
text.
---------------------------------------------------------------------------

                  H.R. 6816 SECTION-BY-SECTION SUMMARY

Section 1--Short title

     Names the bill the Promoting Responsible Oversight 
to Eliminate Communist Teachings for Our Kids Act

Section 2--Prohibition on availability of funds

     The bill prohibits funds from being made available 
under a U.S. Department of Education program to any elementary 
school or secondary school that:
           Has a partnership with a cultural or 
        language institute funded by the government of the 
        People's Republic of China.
           Operates a learning center supported by 
        the government of the People's Republic of China.
           Otherwise receives support from an 
        individual or entity acting on behalf of the government 
        of the People's Republic of China.

                       EXPLANATION OF AMENDMENTS

    The amendments, including the amendment in the nature of a 
substitute, are explained in the body of this report.

              APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. H.R. 6816 prohibits the availability of Federal 
educations funds for elementary and secondary schools that 
directly or indirectly receives support from the Government of 
the People's Republic of China. H.R. 6816 is applicable to 
federally funded elementary and secondary schools, and 
therefore does not apply to the Legislative Branch.

                       UNFUNDED MANDATE STATEMENT

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act of 1974, Pub. L. No. 93-344 (as amended 
by Section 101(a)(2) of the Unfunded Mandates Reform Act of 
1995, Pub. L. No. 104-4), the Committee traditionally adopts as 
its own the cost estimate prepared by the Director of the 
Congressional Budget Office (CBO) pursuant to section 402 of 
the Congressional Budget and Impoundment Control Act of 1974.

                           EARMARK STATEMENT

    H.R. 6816 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                            ROLL CALL VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    In accordance with clause (3)(c) of House rule XIII, the 
goal of H.R. 6816 is to halt the flow of CCP funds to public 
elementary and secondary schools.

                    DUPLICATION OF FEDERAL PROGRAMS

    No provision of H.R. 6816 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

  STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the committee's oversight findings and recommendations are 
reflected in the body of this report.

            REQUIRED COMMITTEE HEARING AND RELATED HEARINGS

    In compliance with clause 3(c)(6) of rule XIII the 
following hearing held during the 118th Congress was used to 
develop or consider H.R. 6816: On September 19, 2023, the 
Committee's Subcommittee on Early Childhood, Elementary, and 
Secondary Education held a hearing on ``Academic Freedom Under 
Attack: Loosening the CCP's Grip on America's Classrooms.''

               NEW BUDGET AUTHORITY AND CBO COST ESTIMATE

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee adopts as its 
own the cost estimate prepared by the Director of the 
Congressional Budget Office.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    Legislation summary: On June 13, 2024, the House Committee 
on Education and the Workforce ordered to be reported eight 
bills and one joint resolution. This document provides 
estimates for seven of those bills and the resolution.
    Generally, the legislation would:
     Repeal a rule submitted by the Department of 
Education relating to ``Nondiscrimination on the Basis of Sex 
in Education Programs or Activities Receiving Federal Financial 
Assistance;''
     Allow nurse practitioners and physician assistants 
to diagnose, treat, and certify an injury and extent of 
disability for the purposes of federal workers' compensation;
     Require elementary and secondary schools and 
institutions of higher education to meet new requirements in 
order to maintain eligibility for funding from the Department 
of Education;
     Prevent student athletes from being considered the 
employees of an institution of higher education; and
     Authorize appropriations for the educational 
activities of the United States Holocaust Memorial Museum.
    Estimated Federal cost: The estimated costs of the 
legislation fall within budget function 500 (education, 
training, employment, and social services).
    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of fiscal year 2024. 
The estimated costs do not include any interaction effects 
among the pieces of legislation. If all seven bills and the 
resolution were combined and enacted as a single piece of 
legislation, the estimated costs could be different than the 
sum of the separate estimates, although CBO expects that any 
difference would be small.
    CBO estimates that implementing H.R. 8606 would cost $8 
million over the 2024-2029 period. Implementing the remaining 
bills and the joint resolution would each cost less than 
$500,000 over the same period. Any related spending would be 
subject to the availability of appropriated funds.
    H.J. Res. 165, a joint resolution providing for 
Congressional disapproval under chapter 8 of title 5, United 
States Code, of the rule submitted by the Department of 
Education relating to ``Nondiscrimination on the Basis of Sex 
in Education Programs or Activities Receiving Federal Financial 
Assistance:'' H.J. Res. 165 would disapprove the rule submitted 
by the Department of Education relating to ``Nondiscrimination 
on the Basis of Sex in Education Programs or Activities 
Receiving Federal Financial Assistance,'' as published in the 
Federal Register on April 29, 2024.
    The rule amends title IX of the Education Amendments of 
1972 (title IX), which prohibits discrimination on the basis of 
sex in any education program or activity receiving federal 
financial assistance. The rule clarifies definitions related to 
sex-based discrimination and harassment and specifies the 
requirements for grievance procedures, and requirements for 
preventing sexual discrimination and remedying its effects.
    Institutions that fail to comply with title IX, as amended 
by the rule, could lose federal funding. However, CBO expects 
that institutions will comply with the regulations to avoid 
doing so. On that basis, CBO estimates that disapproving the 
rule would not affect institutions' eligibility for federal 
student aid.
    Based on the costs of similar activities, CBO estimates 
that implementing the resolution would cost less than $500,000 
over the 2024-2029 period. Any related spending would be 
subject to the availability of appropriated funds.
    H.R. 618, Improving Access to Workers' Compensation for 
Injured Federal Workers Act: H.R. 618 would allow nurse 
practitioners and physician assistants to diagnose, prescribe 
treatment, and certify an injury and the extent of disability 
for the purpose of compensating federal workers under the 
Federal Employees' Compensation Act (FECA). Using information 
from the Department of Labor, CBO expects that nonphysician 
providers would be compensated at the same rate as physicians 
and that total benefits provided to injured federal workers 
would not significantly change. Some people may receive 
treatment more quickly under the bill, which could increase 
costs over the 10-year period because some payments to medical 
providers that would have occurred in 2035 under current law 
could be paid in 2034. On the other hand, if injured workers 
receive treatment faster, some may return to work more quickly, 
which could reduce costs. CBO has no basis to estimate which 
effect would predominate, but we expect that those effects 
would roughly offset each other. Thus, CBO estimates that 
enacting H.R. 618 would affect net direct spending by an 
insignificant amount.
    The FECA payments are mandatory. The costs of those 
payments are charged to a claimant's employing agency, which 
reimburses the Department of Labor out of its salaries and 
expense accounts. Any effect on discretionary spending would be 
subject to future appropriation actions.
    H.R. 5567, CLASS Act: H.R. 5567 would require public 
elementary and secondary schools that receive funding from the 
Department of Education to disclose to the department funds 
received or contracts signed with foreign sources that are more 
than $10,000.
    CBO expects schools would comply with the new requirements; 
thus, enacting the bill would not affect their eligibility to 
receive federal funds. Based on the costs of similar 
activities, CBO estimates that implementing the bill would cost 
the Department of Education less than $500,000 over the 2024-
2029 period. Any related spending would be subject to the 
availability of appropriated funds.
    H.R. 6816, PROTECT Our Kids Act: H.R. 6816 would prohibit 
elementary and secondary schools that receive direct or 
indirect support from the government of the People's Republic 
of China (including Confucius Institutes), from receiving funds 
from the Department of Education.
    The 2018 National Defense Authorization Act prohibited 
institutions of higher education from using federal funding for 
Chinese language programs at Confucius Institutes. As a result, 
nearly all Confucius Institutes at postsecondary institutions 
have closed, according to a Government Accountability Office 
report released in 2023.\1\ On that basis, CBO expects schools 
would comply with the new requirements; thus, enacting the bill 
would not affect their eligibility to receive federal funds.
---------------------------------------------------------------------------
    \1\Government Accountability Office, China: With Nearly All U.S. 
Confucius Institutes Closed, Some Schools Sought Alternative Language 
Support, GAO-20-105981 (October 2023), www.gao.gov/products/gao-24-
105981.
---------------------------------------------------------------------------
    Based on the costs of similar activities, CBO estimates 
that implementing the bill would cost the Department of 
Education less than $500,000 over the 2024-2029 period. Any 
related spending would be subject to the availability of 
appropriated funds.
    H.R. 8534, Protecting Student Athletes' Economic Freedom 
Act: The bill would prohibit student athletes from being 
considered an employee of an institution based on the athletes' 
participation in a varsity intercollegiate athletic program or 
competition. Based on the costs of similar activities, CBO 
estimates that implementing the bill would cost the Department 
of Education less than $500,000 over the 2024-2029 period. Any 
related spending would be subject to the availability of 
appropriated funds.
    H.R. 8606, Never Again Education Reauthorization and Study 
Act of 2024: H.R. 8606 would authorize the appropriation of $2 
million each year from 2026 through 2030 for the Director of 
the United States Holocaust Memorial Museum to support 
education and training related to the lessons of the Holocaust. 
Under current law, the authorization of appropriations for 
those activities expires at the end of 2025. The bill also 
would require the Director to conduct a study on the 
educational activities being carried out at the state and local 
level. Assuming appropriation of the authorized amounts and 
using historical spending patterns for those activities, CBO 
estimates that implementing H.R. 8606 would cost $8 million 
over the 2024-2029 period and $2 million after 2029.
    H.R 8648, Civil Rights Protection Act of 2024: H.R. 8648 
would require any institution of higher education that receives 
federal student aid to make publicly available its process for 
addressing violations of title VI of the Civil Rights Act and 
any complaints received regarding alleged violations. The bill 
also would require the Assistant Secretary for Civil Rights at 
the Department of Education to give monthly briefings on 
violations specific to race, color, or national origin, and 
report the findings of institutional complaints.
    CBO expects institutions would comply with the new 
requirements; thus, enacting the bill would not affect their 
eligibility for federal student aid. Based on the costs of 
similar activities, CBO estimates that implementing the bill 
would cost the Department of Education less than $500,000 over 
the 2024-2029 period. Any related spending would be subject to 
the availability of appropriated funds.
    H.R. 8649, Transparency in Reporting Adversarial 
Contributions to Education Act: The bill would require 
elementary and secondary schools that receive funding from the 
Department of Education to disclose to parents and the public 
any contributions received from foreign countries and the terms 
or conditions of such contributions.
    CBO expects schools would comply with the new requirements; 
thus, enacting the bill would not affect their eligibility to 
receive federal funds. Based on the costs of similar 
activities, CBO estimates that implementing the bill would cost 
the Department of Education less than $500,000 over the 2024-
2029 period. Any related spending would be subject to the 
availability of appropriated funds.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that enacting H.R. 618 would affect net 
direct spending by less than $500,000 over the 2024-2034 
period.
    Increase in long-term net direct spending and deficits: CBO 
estimates that enacting the joint resolution or any of the 
seven bills in this estimate would not increase net direct 
spending or deficits in any of the four consecutive 10-year 
periods beginning in 2035.
    Mandates: H.R. 8534 would impose an intergovernmental 
mandate as defined in the Unfunded Mandates Reform Act (UMRA) 
by prohibiting states from designating varsity athletes of a 
school, conference, or association as employees of that entity. 
CBO estimates that the net costs of the direct effects of the 
legislation would not result in additional expenditures or 
losses in revenue; therefore, the cost of the preemption would 
not exceed the threshold established in UMRA for 
intergovernmental mandates ($100 million in 2024, adjusted 
annually for inflation).
    The bill would not impose a private-sector mandate as 
defined in UMRA.
    Enacting the legislation may result in other secondary 
effects on private entities by denying employment-related 
benefits to varsity athletes that they may otherwise have 
qualified for as an employee. However, CBO's estimate of those 
effects is subject to uncertainty because the question of 
whether athletes affected by the bill should be recategorized 
as employees of their institutions remains unsettled as court 
rulings, administrative decisions, and changes in policies of 
the National Collegiate Athletics Association are announced. 
What effect, if any, the bill would have on private entities 
would depend on the final adjudication of the matter.
    None of the remaining pieces of legislation contained in 
this estimate would impose intergovernmental or private-sector 
mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Meredith Decker 
(Department of Labor); Leah Koestner (Department of Education); 
Susanne Mehlman (United States Holocaust Memorial Museum); 
Garrett Quenneville (Department of Education). Mandates: Erich 
Dvorak, Brandon Lever, and Grace Watson.
    Estimate reviewed by: Elizabeth Cove Delisle, Chief, Income 
Security Cost Estimates Unit; Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit; Kathleen 
FitzGerald, Chief, Public and Private Mandates Unit; H. Samuel 
Papenfuss, Deputy Director of Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

                        COMMITTEE COST ESTIMATE

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 6816. 
However, clause 3(d)(2)(B) of that rule provides that this 
requirement does not apply when, as with the present report, 
the Committee adopts as its own the cost estimate for the bill 
prepared by the Director of the Congressional Budget Office.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    As reported by the Committee, H.R. 6816 makes no changes to 
existing law.

                             MINORITY VIEWS

                              INTRODUCTION

    H.R. 6816, the Promoting Responsible Oversight Eliminate 
Communist Teachings (PROTECT) for Our Kids Act, prohibits 
federal education funds from going to elementary and secondary 
schools that receive direct or indirect support from the 
Chinese government. The Majority claims that this bill will 
``halt the flow of [the Chinese Communist Party] money and 
propaganda into our K-12 schools . . .''\1\ Yet, it has not 
demonstrated a significant amount of such funding is going to 
K-12 schools, nor has it proven that the ``flow of propaganda'' 
actually exists. Further, the bill raises a number of 
administrative questions and concerns for public schools and 
could fuel anti-Asian sentiments in classrooms.
---------------------------------------------------------------------------
    \1\Press Release, Rep. Kevin Hern, Hern introduces bill to combat 
Confucius Classrooms, CCP-funded influence in American schools (Dec. 15 
2023), https://hern.house.gov/news/documentsingle.aspx?DocumentID=888.
---------------------------------------------------------------------------

                          SUMMARY OF CONCERNS

Chinese Influence Has Not Posed a Threat to Elementary and Secondary 
        Classrooms
    Confucius Classrooms, which are affiliated with Confucious 
Institutes, are centers for Chinese culture and language 
established at public and private elementary and secondary 
schools--either to bolster a Chinese program already at the 
school or to start a new one.\2\ Over nearly five years, the 
number of Classrooms has dropped from more than 500 to 
currently no more than 16.\3\ Many countries around the world 
lack quality Chinese language and culture resources and 
Confucious Institutes and Classrooms provide those resources 
for free.\4\ Experts have summed up the current state of these 
programs, saying ``[t]he harsh reality is that Confucius 
Institutes/Confucius Classrooms stepped up to fulfill a need 
that governments were not--and they were happy to accept a 
`freebie,' . . . Now that Confucius Institutes have been 
tainted by wider distaste and suspicion of the Chinese 
government, this `freebie' now has a cost.''\5\
---------------------------------------------------------------------------
    \2\China's Impact on the U.S. Education System: Hearing Before the 
Subcomm. on Investigations of the S. Comm. on Homeland Security & 
Governmental Affairs, 116th Cong., 90,147 (2019).
    \3\Confucius Institutes Around the World--2024, Dig Mandarin (Mar. 
20, 2024), https://www.digmandarin.com/confucius-institutes-around-the-
world.html; Beth Wallis, Tulsa Public Schools ended Chinese language 
program weeks before Oklahoma Superintendent's Congressional testimony, 
National Public Radio KOSU (Sept. 29, 2023) https://www.kosu.org/
education/2023-09-29/tulsa-public-schools-ended-chinese-language-
program-weeks-before-oklahoma-superintendents-congressional-testimony; 
Little Red Classrooms China's Infiltration of American K-12 Schools, 
Defending Ed. (Jul. 26, 2023) https://defendinged.org/investigations/
little-red-classrooms-china-infiltration-of-american-K-12-schools/.
    \4\Lin Yang, Controversial Confucius Institutes Returning to U.S. 
Schools Under New Name, VOA News, (June 27, 2022) https://
www.voanews.com/a/controversial-confucius-institutes-returning-to-u-s-
schools-under-new-name/6635906.html.
    \5\Id.
---------------------------------------------------------------------------
    Parents Defending Education (PDE), a right-wing non-profit 
organization, published a report in July 2023 entitled, 
``Little Red Classrooms: China's Infiltration of American K-12 
Schools.'' The report alleges undue Chinese influence in 
America through the existence of Confucius Institutes, 
Classrooms, and related ``programming'' that currently exists 
or previously existed in public schools across the United 
States, including in areas near U.S. military bases.\6\ Despite 
the claims in the report, Committee Democratic staff have been 
unable to locate credible evidence to support either the claims 
made by the Majority and PDE that there is inappropriate and 
undue foreign influence in our nation's K-12 public schools. In 
2019, the Senate Committee on Homeland Security and 
Governmental Affairs' Permanent Subcommittee on Investigations 
held a hearing entitled ``China's Impact on the U.S. Education 
System''. The hearing was held the day after the Committee 
released a bipartisan staff report with the same title.\7\ 
While the staff report made recommendations that schools should 
ensure that Chinese partnership organization's ``vetting, 
screening and interview processes are aligned with their own 
hiring protocols and procedures''\8\ and that ``the State 
Department should demand reciprocal and fair treatments of its 
diplomats and employees in China.''\9\ The Committee did not 
find security risks or curriculum vulnerability, as claimed by 
the Majority.
---------------------------------------------------------------------------
    \6\Little Red Classrooms China's Infiltration of American K-12 
Schools, Defending Ed. (Jul. 26, 2023) https://defendinged.org/
investigations/little-red-classrooms-china-infiltration-of-american-K-
12-schools/.
    \7\China's Impact on the U.S. Education System: hearing Before the 
Subcomm. on Investigations of the S. Comm. on Homeland Security & 
Governmental Affairs, 116th Cong., 80 (2019).
    \8\Id. at 91.
    \9\Id. at 92.
---------------------------------------------------------------------------
H.R. 6816 Will Raise Administrative Questions and Concerns for Public 
        Schools
    H.R. 6816 would raise a number of administrative questions 
and concerns. The bill restricts funding from any U.S. 
Department of Education (Department) administered programs 
going to schools with direct or indirect support from the 
Chinese government. The bill specifically prohibits funds from 
going to elementary and secondary schools that ``have a 
partnership in effect with a cultural or language institute 
directly or indirectly funded by the Government of the People's 
Republic of China (PRC), including a Confucius Institute''\10\; 
operate a ``learning center directly or indirectly funded by 
the Government of the People's Republic of China''\11\; or 
``receive support from an individual or entity acting directly 
or indirectly on behalf of the Government of the People's 
Republic of China, including support in the form of teaching 
materials, personnel, funds, or other resources.''\12\
---------------------------------------------------------------------------
    \10\Promoting Responsible Oversight To Eliminate Communist 
Teachings for Our Kids Act, H.R. 6816, 118th Cong. Sec. 2.
    \11\Id.
    \12\Id.
---------------------------------------------------------------------------
    Implementing the text of H.R. 6816 in public schools will 
likely be massive administrative burden. First, a school may 
not even be aware that a funder or partnership entity it works 
with has ties to China that would be prohibited under the bill. 
Often local businesses partner with schools to provide support 
for students, a common community practice throughout the U.S. 
If, for example, a restaurant donates a free dinner to students 
in conjunction with a school achievement, and the owner has 
``ties'' to China that could be implicated by H.R. 6816 (e.g., 
is a legal Chinese immigrant, with a work visa), it is unclear 
whether such donations would be prohibited under this bill.
    Second, a plain language interpretation of the bill text 
suggests that if an individual with Chinese citizenship wanted 
to donate a new field, an HVAC system, or work at an elementary 
or secondary school, that school could potentially lose their 
funds administered under the Elementary and Secondary Education 
Act of 1965 (ESEA) because the bill lacks detail on how to 
determine whether someone is indirectly acting on behalf of the 
Chinese government. Such concern about whether any Chinese 
national could be classified as someone who acts directly or 
indirectly for the Chinese government is complicated for 
multiple reasons. Unilaterally claiming anyone of with Chinese 
citizenship is directly or indirectly under the control of the 
PRC has negative social and economic consequences. This was 
evident in the Department of Justice's China Initiative which 
unfairly accused Chinese researchers of being spies resulting 
in charges that were ultimately dismissed after ruining the 
careers of several researchers.\13\ For example, Gang Chen, a 
Professor at the Massachusetts Institute of Technology (MIT), 
was falsely accused of being a Chinese spy and investigated by 
the Department of Justice (DOJ) because of his identity.\14\ 
Although all charges against him were dismissed, the negative 
impact on his personal and professional lives resulted in 
damaging his reputation since he was arrested in front of his 
wife and children and put on administrative leave from 
work.\15\
---------------------------------------------------------------------------
    \13\George Pence, While China Initiative may have ended, foreign 
influence remains DOJ enforcement priority, Reuters (Mar. 28, 2022) 
https://www.reuters.com/legal/legalindustry/while-china-initiative-may-
have-ended-foreign-influence-remains-doj-enforcement-2022-03-28/.
    \14\Kimmy Yam, MIT professor wrongfully accused of spying for China 
helps make a major discovery, NBC News, (Aug. 25, 2022) https://
www.nbcnews.com/news/asian-america/mit-professor-wrongfully-accused-
spying-china-helps-make-major-discove-rcna44637.
    \15\Id.
---------------------------------------------------------------------------
    Conversely, Amnesty International has recently reported on 
Chinese transnational repression, the effort by the PRC 
government to harass, intimidate, or surveil Chinese nationals, 
particularly students, while they are abroad.\16\ The report 
documents PRC efforts to intimidate students to self-censor in 
both academic and social settings, and to make certain research 
and career decisions.\17\ Ironically, to the extent the 
deplorable efforts of the PRC are successful, it would 
strengthen arguments that Chinese students are inherently under 
some form of control by the PRC.
---------------------------------------------------------------------------
    \16\Amnesty International, On My Campus, I Am Afraid: China's 
Targeting of Overseas Students Stifles Rights, Amnesty International, 
2024, https://www.amnestyusa.org/wp-content/uploads/2024/05/On-My-
Campus-I-Am-Afraid-Chinas-Targeting-of-Overseas-Students-Stifles-
Rights.pdf.
    \17\Id. at 16-18.
---------------------------------------------------------------------------
    The likely result under this bill would be a chilling 
effect on schools working with Chinese nationals and Chinese-
Americans. Schools may not feel comfortable accepting gifts 
from Chinese nationals unless the donor can provide them with 
documentation that they are not working with the Chinese 
government--which would likely be impossible to disprove to 
anyone looking for such a tie. Further, this could seriously 
impact the ability of U.S. schools and foreign language 
education programs to hire Chinese-American Mandarin teachers 
and educational specialists as they would also likely have ties 
in China that could dissuade schools from working with them, 
for fear of losing federal funds.
Public Schools Would Be the Most Impacted by H.R. 6816
    Though H.R. 6816 applies to all elementary and secondary 
schools, public schools would be the disproportionately 
impacted since private schools typically do not receive federal 
funds directly through ESEA programs. Therefore, even though 
the bill's prohibitions would apply to private schools, there 
would be no method to enforce such a prohibition under the 
bill, since they have no federal funds that could be rescinded.
H.R. 6816 Has the Potential To Limit Chinese Language and Cultural 
        Exchange Programs
    As discussed earlier, schools may avoid collaborations with 
``Chinese language and cultural institutes'',\18\ and 
``learning centers''\19\ fearing regulatory complications or 
loss of federal funding, thereby reducing the diversity of 
educational experiences available to students. There is a 
mountain of evidence to support the notion that a bilingual 
population boosts the economy and opens the door for increased 
earnings and job opportunities.\20\ Additionally, bilingualism 
promotes cultural awareness and competency.\21\ H.R. 6816 has 
the potential to weaken the future of America's labor force by 
decreasing student access to vital skills that are beneficial 
for successful futures.
---------------------------------------------------------------------------
    \18\Promoting Responsible Oversight To Eliminate Communist 
Teachings for Our Kids Act, H.R. 6816, Sec. 2, 118th Cong.
    \19\Id.
    \20\Sophie Hardach, Speaking more than one language can boost 
economic growth, World Economic Forum (Feb. 6, 2018) https://
www.weforum.org/agenda/2018/02/speaking-more-languages-boost-economic-
growth/; Press Release, U.S. Dep't of Educ., Biden-Harris 
Administration Launches ``Being Bilingual is a Superpower'' to Promote 
Multilingual Education for a Diverse Workforce (Nov. 16, 2023), https:/
/www.ed.gov/news/press-releases/biden-harris-administration-launches-
%E2%80%9Cbeing-bilingual-superpower%E2%80%9D-promote-multilingual-
education-diverse-workforce, https://careerservices.fas.harvard.edu/
blog/2022/11/07/the-benefits-of-being-bilingual/.
    \21\Amy Bergen, The Benefits of Being Bilingual, Idealist (Nov. 29, 
2021), https://www.idealist.org/en/careers/bilingual-hired.
---------------------------------------------------------------------------
H.R. 6816 Could Further Fuel Anti-Asian Sentiment and Actions
    In attempting to target Chinese government influence in 
schools, H.R. 6816 could further fuel anti-Asian sentiments, 
which are already prevalent in the U.S. For example, Stop AAPI 
Hate, a U.S.-based coalition with the goal of stopping racism 
and discrimination against Asian Americans and Pacific 
Islanders (AAPI), has reported receiving over 11,000 incidents 
of hate driven by anti-Asian rhetoric from the start of the 
COVID pandemic in March 2021 to March 2022.\22\ It is important 
that we do not further such sentiments and cause unnecessary 
alarm and suspicion in school staff, parents and communities 
due to increased discrimination against students and teachers 
of Asian descent or that further fuel fear and xenophobia.
---------------------------------------------------------------------------
    \22\Community Reports to Stop AAPI Hate 2020-2022 Key Findings, 
Stop AAPI Hate (Nov. 2023), https://stopaapihate.org/wp-content/
uploads/2023/10/23-SAH-TaxonomyReport-KeyFindings-F.pdf.
---------------------------------------------------------------------------

        DEMOCRATIC AMENDMENT OFFERED DURING MARKUP OF H.R. 6816

    Ranking Member Bobby Scott (D-VA) put forward an amendment 
to provide funds to assist schools with the administrative 
burden of complying with the bill. Significant effort may need 
to be expended to investigate existing and new contracts, and 
to determine whether existing or potential business partners 
have ties to the PRC that could be implicated by the bill. The 
amendment authorized $300 million for fiscal year 2025 and each 
subsequent fiscal year to carry out the requirements in the 
bill.\23\ Committee Republicans rejected this amendment on a 
party-line vote.
---------------------------------------------------------------------------
    \23\According to the National Center for Education Statistics in 
the Institute of Education Sciences at the U.S. Department of 
Education, there were 99,388 public elementary and secondary schools 
for the 2022-2023 school year. NCES, Digest of Education Statistics 
tbl. 216.10 (2023), https://nces.ed.gov/programs/digest/d23/tables/
dt23_216.10.asp. Three hundred million dollars would provide $3,000 per 
year to each of those schools to offset the costs of compliance. In 
reality, the administrative burden this bill poses could easily require 
a full time administrative staff person at each school. Providing a 
modest salary of $50,000 to each of those schools for such a position 
would cost approximately 5 billion dollars.
---------------------------------------------------------------------------

                               CONCLUSION

    H.R. 6816 is a solution in search of a problem. While the 
Majority claims that the Chinese government is infiltrating our 
school systems and brainwashing our children--or has the 
ability to do so if left unchecked--there is no such evidence. 
Further, the legislation unnecessarily would punish public 
schools and leave public schools with a significant 
administrative burden. Lastly, it could further fuel anti-Asian 
sentiments. For the reasons stated above, we urge the House of 
Representatives to oppose H.R. 6816.

                                   Robert C. ``Bobby'' Scott,
                                           Ranking Member.
                                   Gregorio Kilili Camacho Sablan,
                                   Suzanne Bonamici,
                                   Mark Takano,
                                   Mark DeSaulnier,
                                   Pramila Jayapal,
                                           Members of Congress.

                                  [all]