[House Report 119-13]
[From the U.S. Government Publishing Office]
119th Congress } { REPORT
HOUSE OF REPRESENTATIVEShr
1st Session } { 119-13
======================================================================
TRANSPARENCY IN REPORTING OF ADVERSARIAL
CONTRIBUTIONS TO EDUCATION ACT
_______
March 5, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Walberg, from the Committee on Education and Workforce, submitted
the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 1049]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and Workforce, to whom was
referred the bill (H.R. 1049) to ensure that parents are aware
of foreign influence in their child's public school, and for
other purposes, 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 ``Transparency in Reporting of
Adversarial Contributions to Education Act'' or the ``TRACE Act''.
SEC. 2. PARENTS' RIGHT TO KNOW ABOUT FOREIGN INFLUENCE.
(a) In General.--Subpart 2 of part F of title VIII of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended
by adding at the end the following:
``SEC. 8549D. PARENTS' RIGHT TO KNOW ABOUT FOREIGN INFLUENCE.
``(a) In General.--As a condition of receiving funds under this Act,
a local educational agency shall ensure that each elementary school and
each secondary school served by such agency provides to each parent of
a child attending the school, at a minimum--
``(1) the right (in a manner consistent with copyright law)
to review, and make copies of free of cost, at least every four
weeks and not later than 30 days after submission of a written
request by the parent, any curricular material or professional
development material used at the school that was purchased, or
otherwise obtained, using funds received from the government of
a foreign country or a foreign entity of concern;
``(2) the right to know, by written response provided not
later than 30 days after submission of a written request by the
parent, how many personnel of the school are compensated, in
whole or in part, using funds received from the government of a
foreign country or a foreign entity of concern; and
``(3) the right to know, by written response provided not
later than 30 days after submission of a written request by the
parent, of--
``(A) any donation received by the school or local
educational agency from a foreign country or a foreign
entity of concern;
``(B) any agreement in writing (such as a contract or
memorandum of understanding) between the school or
local educational agency and a foreign country or a
foreign entity of concern; and
``(C) any financial transaction between the school or
local educational agency and a foreign country or a
foreign entity of concern.
``(b) Donations, Agreements, and Financial Transactions.--The
information described in subsection (a)(3) shall include, at minimum,
the following:
``(1) The name of the foreign country or foreign entity of
concern.
``(2) In any case in which funds were received by the school
or local educational agency from a foreign country or a foreign
entity of concern--
``(A) the amount of such funds; and
``(B) any terms or conditions applicable to the
receipt of such funds.
``(c) Notice of Rights.--At the beginning of each school year, a
local educational agency receiving funds under this Act shall ensure
that each elementary school and each secondary school served by such
agency posts on a publicly accessible website of the school or, if the
school does not operate a website, widely disseminates to the public, a
summary notice of the rights of parents described in subsections (a)
and (b).
``(d) Notification of Requirements.--At the beginning of each school
year, the Secretary shall notify State educational agencies about the
requirements of this section. As a condition of receiving funds under
this Act, State educational agencies shall, at the beginning of each
school year, notify local educational agencies of the requirements of
this section.
``(e) Definitions.--In this section:
``(1) The term `foreign country' means a foreign country or a
dependent territory or possession of a foreign country. Such
term does not include any of the outlying areas.
``(2) The term `foreign entity of concern' has the meaning
given such term in section 10612(a) of the Research and
Development, Competition, and Innovation Act (42 U.S.C.
19221(a)).''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 8549C the following:
``Sec. 8549D. Parents' right to know about foreign influence.''.
Purpose
The purpose of H.R. 1049, the Transparency in Reporting of
Adversarial Contributions to Education (TRACE) Act, is to help
ensure that parents are aware of any foreign government's
influence in their child's school and can review any curriculum
provided by a foreign government.
Committee Action
118TH CONGRESS
First Session--Hearings
On September 19, 2023, the Committee on Education and the
Workforce'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, D.C.; Ms. Gisela Perez Kusakawa,
Executive Director, Asian American Scholar Forum, New York, NY;
Mrs. Nicole Neily, President, Parents Defending Education,
Arlington, VA; and 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, then-
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 donate, and he followed up
after the hearing to confirm that the Italian government and
the Consulate General of the Republic of Korea also contributed
funding to NYC Public Schools' 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;
and Ms. Enikia Ford Morthel, Superintendent, Berkeley Unified
School District, Berkeley, CA.
Legislative Action
On June 7, 2024, Representative Aaron Bean (R-FL)
introduced H.R. 8649, the Transparency in Reporting of
Adversarial Contributions to Education (TRACE) Act. The bill
was referred solely to the Committee on Education and the
Workforce. On June 13, 2024, the Committee considered H.R. 8649
in legislative session and reported it favorably, as amended,
to the House of Representatives by a recorded vote of 23-16.
The Committee considered the following amendments to H.R. 8649:
1. Representative Bean offered an Amendment in the
Nature of a Substitute that clarified local education
agencies must respond to parent inquires in writing
within 30 days. The amendment was adopted by voice
vote.
2. Ranking Member Bobby Scott (D-VA) offered an
amendment that authorized $300 million per year
starting in fiscal year 2025. The amendment failed by a
recorded vote of 16-23.
119TH CONGRESS
First Session--Hearings
On February 5, 2025, the Committee on Education and
Workforce held a hearing on ``The State of American
Education.'' The purpose of the hearing was to examine the
state of American education, including K-12 education,
postsecondary education, and workforce development. During the
hearing, Representative Mary Miller (R-IL) expressed concerns
about China's influence campaign in K-12 schools. Witness Mrs.
Nicole Neily agreed with Representative Miller's concerns and
testified that Chinese Communist Party propaganda has
infiltrated more than 500 K-12 schools. Testifying before the
Committee were Mrs. Neily, President, Parents Defending
Education, Arlington, VA; Dr. Preston Cooper, Senior Fellow,
American Enterprise Institute, Washington, D.C.; Mrs. Janai
Nelson, President and Director-Counsel, NAACP Legal Defense
Fund, Washington, DC; and Mr. Johnny C. Taylor, Jr., President
and CEO, Society for Human Resource Management, Alexandria, VA.
Legislative Action
On February 5, 2025, Representative Bean introduced H.R.
1049, the Transparency in Reporting of Adversarial
Contributions to Education (TRACE) Act, with Representative
Ryan Mackenzie (R-PA) as an original co-sponsor. The bill was
referred solely to the Committee on Education and Workforce. On
February 12, 2025, the Committee considered H.R. 1049 in
legislative session and reported it favorably, as amended, to
the House of Representatives by a recorded vote of 20-13. The
Committee considered the following amendments to H.R. 1049:
1. Representative Mackenzie offered an Amendment in
the Nature of a Substitute that made a technical
change. The amendment was adopted by voice vote.
2. Ranking Member Scott offered an amendment that
added an authorization of $300 million per year
starting in fiscal year 2026. The amendment failed by a
recorded vote of 14-20.
3. Representative Suzanne Bonamici (D-OR) offered an
amendment that stipulated the Department of Education
``shall take such steps as may be necessary otherwise
to enforce'' the bill, which is already implicit in the
bill and redundant with the existing text. The
amendment failed by a recorded vote of 13-20.
Committee Views
INTRODUCTION
Over the last decade, the Chinese Communist Party (CCP) has
infiltrated American K-12 schools through grants, sister school
partnerships, and programs sponsored by Confucius Classrooms,
which are trojan horses for Chinese propaganda.
CHINA'S ACTIVITY IN U.S. K-12 SCHOOLS
The Chinese government's effort to infiltrate with American
schools is one facet of the CCP's 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.\1\ Many K-12
schools have accepted CCP-linked grants, which come with perks
including fully funded teacher exchanges, Chinese language
programs, and opportunities for American students to learn in
China.\2\
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\1\https://www.hsgac.senate.gov/wp-content/uploads/imo/media/doc/
PSI%20Report%20China%27s%20Impact%20on%20the%20US%20Education%20System.p
df.
\2\https://defendinged.org/investigations/little-red-classrooms-
china-infiltration-of-american-k-12-schools/.
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Confucius Classrooms are smaller-scale, K-12 versions of
Confucius Institutes that the CCP has pushed for on U.S.
college campuses. Confucius Institutes are established as
partnerships between a host institution, a Chinese partner
(usually a Chinese university), and a Chinese government
agency. China's 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 its own contributions.
This 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 injure the
national interests of China. The government's control over the
Institute is highlighted by the contracts that make clear that
Chinese directors or teachers 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.''\3\
---------------------------------------------------------------------------
\3\https://www.hsgac.senate.gov/wp-content/uploads/imo/media/doc/
PSI%20Report%20China%27s%20Impact%20on%20the%20US%20Education%20System.p
df.
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Many K-12 Confucius Classrooms developed as offshoots of
university-based Confucius Institutes. China has 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.\4\ A
Parents Defending Education report tracked Chinese affiliation
in 143 schools across 34 states--with at least seven still
active as of publication.\5\
---------------------------------------------------------------------------
\4\https://www.heritage.org/homeland-security/commentary/confucius-
institutes-chinas-trojan-horse.
\5\https://defendinged.org/investigations/little-red-classrooms-
china-infiltration-of-american-k-12-schools/.
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OTHER COUNTRIES' INFLUENCE IN U.S. K-12 SCHOOLS
While it appears that no other country has a program
similar in scope and size to the CCP's propaganda campaign in
American schools, other countries have also invested in
language and cultural educational programs in American K-12
schools.
One notable example is Qatar. The Qatar Foundation, along
with its subsidiaries like Qatar Foundation International and
the Qatar National Research Fund, have been actively involved
in influencing American K-12 education through financial
partnerships with individual schools.\6\ From 2009 to 2017, the
Qatar Foundation allocated $30.6 million to various schools
across 12 U.S. states. The funds are predominantly directed
towards facilitating Arabic language programs, and they cover
expenses for teacher education, materials, and salaries. These
contributions have taken various forms, from direct funds to
professional development initiatives, such as teacher councils
and language conferences. Additionally, there are instances of
school districts, like the Tucson Unified School District and
New Haven Public Schools, receiving substantial grants over
multiple years.\7\
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\6\https://freebeacon.com/wp-content/uploads/2020/05/
FARA_Memo_with_Exhibits_R-91.pdf.
\7\Ibid.
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Other countries have also made notable donations to U.S. K-
12 schools. After the May 8, 2024, subcommittee hearing on
antisemitism in K-12 schools, then-New York City Public Schools
Chancellor David Banks informed Committee staff that the
Italian-American Committee on Education, which is connected to
the Italian government, contributed $257,000 to New York City
Public Schools in 2021-24. Chancellor Banks also reported that
the Consulate General of the Republic of Korea in New York
contributed $16,000 to support Korean instruction and
programming in New York City Public Schools. It is unclear the
extent to which these foreign ties had been publicized prior to
the Committee's request for information.\8\
---------------------------------------------------------------------------
\8\Documentation emailed from New York City Public Schools to
Committee staff on May 22, 2024.
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It is imperative that American students are not subject to
malicious foreign influence in their schools. Parents are
crucial guardians when it comes to ensuring that their students
are taught accurate content. To that end, the TRACE Act
requires that, as a condition of receiving funds under the
Elementary and Secondary Education Act, a local educational
agency ensures that public schools provide each parent the
right to review any curricular material provided or purchased
with funds from a foreign government or foreign entity of
concern. The bill also guarantees parents the right to know how
many personnel at their child's school are compensated by
foreign sources and about any donations or financial
transactions between the school and a foreign government or
foreign entity of concern.
CONCLUSION
It is unacceptable that foreign adversaries such as the CCP
are attempting to influence U.S. K-12 schools. Congress should
take immediate action to ensure that students are not being
indoctrinated with communist propaganda. Congress should also
take action to ensure that parents have the right to review and
be aware of all curricula purchased or provided by a foreign
country. H.R. 1049 will help ensure that the Chinese government
does not take advantage of local school districts and that
parents have the right to be fully informed of what is
happening in their child's schools.
H.R. 1049 Section-by-Section Summary
Section 1. Short title
Names the bill the Transparency in Reporting of
Adversarial Contributions to Education Act or TRACE Act.
Section 2. Parents' right to know about foreign influence
The bill requires that, as a condition of
receiving federal financial assistance under any program under
the Elementary and Secondary Education Act, a local educational
agency ensure that each elementary and secondary school served
by the district provides each parent of a child attending the
schools the following rights:
The right to review any
curricular material or professional development
material purchased using funds from a foreign
government or foreign entity of concern.
The right to know how many
personnel of the school are compensated by a
foreign government or foreign entity of
concern.
The right to know of any
donation or agreement in writing between the
school or local educational agency and a
foreign country or foreign entity of concern.
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. 1049 ensures that parents are aware of foreign
influence in their child's public school. H.R. 1049 applies to
schools receiving funds under the Elementary and Secondary
Education Act of 1965 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 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. 1049 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of House rule XXI.
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.
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of rule XIII of the Rules
of the House of Representatives, the goal of H.R. 1049 is to
ensure that public elementary and secondary schools provide
parents with information related to foreign influence in their
child's school.
Duplication of Federal Programs
No provision of H.R. 1049 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
In compliance with clause 3(c)(6) of rule XIII the
following hearing held during the 119th Congress was used to
develop or consider H.R. 1049: On February 5, 2025, the
Committee on Education and Workforce held a hearing on ``The
State of American Education.''
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 for the bill prepared by the Director of
the Congressional Budget Office.
H.R. 1049 would require that local education agencies
ensure that each school served by the agency provide
information about funding from or agreements with foreign
governments or related entities to parents upon request as a
condition of receiving funds from the Department of Education.
CBO expects that local education agencies would comply with
these 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 2025-2030 period. Any related spending would
be subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Garrett
Quenneville. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
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. 1049.
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
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
* * * * * * *
Title VIII--General Provisions
* * * * * * *
Part F--Uniform Provisions
* * * * * * *
Subpart 2--Other Provisions
* * * * * * *
Sec. 8549D. Parents' right to know about foreign influence.
* * * * * * *
TITLE VIII--GENERAL PROVISIONS
* * * * * * *
PART F--UNIFORM PROVISIONS
* * * * * * *
Subpart 2--Other Provisions
* * * * * * *
SEC. 8549D. PARENTS' RIGHT TO KNOW ABOUT FOREIGN INFLUENCE.
(a) In General.--As a condition of receiving funds under this
Act, a local educational agency shall ensure that each
elementary school and each secondary school served by such
agency provides to each parent of a child attending the school,
at a minimum--
(1) the right (in a manner consistent with copyright
law) to review, and make copies of free of cost, at
least every four weeks and not later than 30 days after
submission of a written request by the parent, any
curricular material or professional development
material used at the school that was purchased, or
otherwise obtained, using funds received from the
government of a foreign country or a foreign entity of
concern;
(2) the right to know, by written response provided
not later than 30 days after submission of a written
request by the parent, how many personnel of the school
are compensated, in whole or in part, using funds
received from the government of a foreign country or a
foreign entity of concern; and
(3) the right to know, by written response provided
not later than 30 days after submission of a written
request by the parent, of--
(A) any donation received by the school or
local educational agency from a foreign country
or a foreign entity of concern;
(B) any agreement in writing (such as a
contract or memorandum of understanding)
between the school or local educational agency
and a foreign country or a foreign entity of
concern; and
(C) any financial transaction between the
school or local educational agency and a
foreign country or a foreign entity of concern.
(b) Donations, Agreements, and Financial Transactions.--The
information described in subsection (a)(3) shall include, at
minimum, the following:
(1) The name of the foreign country or foreign entity
of concern.
(2) In any case in which funds were received by the
school or local educational agency from a foreign
country or a foreign entity of concern--
(A) the amount of such funds; and
(B) any terms or conditions applicable to the
receipt of such funds.
(c) Notice of Rights.--At the beginning of each school year,
a local educational agency receiving funds under this Act shall
ensure that each elementary school and each secondary school
served by such agency posts on a publicly accessible website of
the school or, if the school does not operate a website, widely
disseminates to the public, a summary notice of the rights of
parents described in subsections (a) and (b).
(d) Notification of Requirements.--At the beginning of each
school year, the Secretary shall notify State educational
agencies about the requirements of this section. As a condition
of receiving funds under this Act, State educational agencies
shall, at the beginning of each school year, notify local
educational agencies of the requirements of this section.
(e) Definitions.--In this section:
(1) The term ``foreign country'' means a foreign
country or a dependent territory or possession of a
foreign country. Such term does not include any of the
outlying areas.
(2) The term ``foreign entity of concern'' has the
meaning given such term in section 10612(a) of the
Research and Development, Competition, and Innovation
Act (42 U.S.C. 19221(a)).
* * * * * * *
MINORITY VIEWS
INTRODUCTION
H.R. 1049, the Transparency in Reporting of Adversarial
Contributions to Education Act, requires local educational
agencies (LEAs) and individual schools to provide parents with
the opportunity to: (1) access curriculum and staff
professional development materials provided by a government of
a foreign country (foreign government) or foreign entity of
concern; (2) know how many school staff have been paid, in
whole or part, by a foreign government or foreign entity of
concern; and (3) know of any donation to, written agreement
with, or financial transaction between the school or LEA and a
foreign government or foreign entity of concern and related
details.\1\ The Majority claims the bill ``solidifies the
rights of parents to know how foreign funding is impacting
their child's classroom and adds a layer of deterrence to keep
foreign nations from reaching America's youth.''\2\ Yet, the
Majority has not proven any local school system has allowed
foreign influence to exist in elementary and secondary public
schools. Instead, the bill would feed into baseless claims
encompassed in the Majority's self-created culture wars and
raises a number of administrative questions and concerns for
public schools.
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\1\Transparency in Reporting of Adversarial Contributions to
Education Act, H.R. 1049, 119th Cong. (2025).
\2\Press Release, Rep. Aaron Bean, Congressman Bean Protects
American Children from Foreign Adversaries (February 6, 2025), https://
bean.house.gov/media/press-releases/congressman-bean-protects-american-
children-foreign-adversaries.
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summary of concerns
H.R. 1049 Claims to provide parents with rights, but in reality feeds
into culture wars
While the Majority claims a desire to provide parents with
information on foreign governments and foreign entities of
concern allegedly impacting their students' education, H.R.
1049 is another attempt to feed into culture wars. Throughout
the last Congress, and continuing into this Congress, the
Majority has used its agenda-setting power to consider a series
of bills that provide solutions to non-existent problems to
advance divisive narratives. Last Congress, the House passed
H.R. 5, the Parents Bill of Rights Act, which the Majority
claimed would ``put in place concrete legal protections that
will ensure parents always have a seat at the table when it
comes to their child's education.''\3\ But, as Committee
Democrats pointed out in the Minority Views accompanying that
bill to the House floor, the bill was ``largely duplicative of
current law, lacks clarity in how its provisions will actually
address students well-being, and stands as an example of the
type federal overreach Congressional Republicans have long
claimed would harm children, teachers and schools.''\4\
Similarly, it is worth noting that pursuant to a law that
already applies to entities that receive U.S. Department of
Education funding and awards, parents currently have the right
to inspect instructional materials pertaining to their child's
classes.\5\ But H.R. 1049 permits parents to inspect and copy--
at unlimited cost to the school--any instructional materials or
professional development materials that the school purchased or
obtained using funds from a foreign government or foreign
entity of concern.\6\ The costs (in staff time and money)
associated with complying with transparency requests are
documented challenges schools face; systemic foreign influence
is not.\7\
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\3\Press Release, Rep. Julia Letlow, Letlow Introduces Parents Bill
of Rights (Mar. 1, 2023), https://letlow.house.gov/media/press-
releases/letlow-reintroduces-parents-bill-rights.
\4\H.R. Rep. No. 118-9, at 48 (2023), https://www.congress.gov/
congressional-report/118th-
congress/house-report/9/1?s=5&r=1&q=%7B%22search%22%3A%22hr+5%22%7D.
\5\20 U.S.C. Sec. 1232h.
\6\This significantly broadens the information that parents may
access beyond information pertaining to their own child under GEPA. In
addition, even with that expansion, as written, the bill does not
include the right to inspect and copy donated materials for which funds
were not used.
\7\Hannah Natanson & Karina Elwood, Schools forced to divert staff
amid historic flood of records requests, Wash. Post, Mar. 27, 2023,
https://www.washingtonpost.com/education/2023/03/27/school-district-
foia-records-request/.
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Foreign influence has not posed a threat to K-12 classrooms
The Majority claims H.R. 1049 is necessary because
``foreign adversaries . . . are systematically and aggressively
attempting to influence our nation's elementary and secondary
schools.''\8\ But the most common example of foreign influence
in schools that the Majority cites are Confucius Classrooms.
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\8\Press Release, Rep. Aaron Bean, supra note 1.
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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 language program already
at the school or to start a new one. Many countries around the
world lack quality Chinese language and culture resources and
Confucious Institutes and Classrooms provide those resources
for free.\9\ However, over nearly five years, the number of
U.S. Confucius Classrooms has dropped from more than 500 to
currently no more than 16.\10\ 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.''\11\
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\9\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.
\10\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)
htps://defendinged.org/investigations/little-red-
classrooms-china-infiltration-of-american-K-12-schools/.
\11\Id.
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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 cites the mere presence of Confucius
Institutes, Confucius Classrooms, and related ``programming''
(including local programming that may have pre-dated the
establishment of a Confucius Classroom), sometimes in areas
near U.S. military bases, to allege the Classrooms exert undue
Chinese influence in America.\12\ 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 or PDE that there is inappropriate and undue foreign
influence in our nation's K-12 public schools currently as a
result of Confucius Classrooms. In 2019, the Senate Committee
on Homeland Security and Governmental Affairs' (HSGAC)
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 HSGAC released a bipartisan
staff report with the same title.\13\ 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''\14\ and that ``the State Department should demand
reciprocal and fair treatments of its diplomats and employees
in China.''\15\ The Committee did not find security risks or
curriculum vulnerability, as claimed by the Majority.
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\12\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/.
\13\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).
\14\Id. at 91.
\15\Id. at 92.
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H.R. 1049 Includes severe penalties for public school systems
Failure to comply with the requirements of H.R. 1049 could
cause public school systems and states to lose funding from the
Elementary and Secondary Education Act (ESEA), including the
Title I-A program. Specifically, the bill conditions receipt of
ESEA program funds on meeting the requirements of the bill.
Each LEA is responsible for making sure that each school in the
LEA posts or disseminates information about these rights at the
beginning of every school year. It also requires state
educational agencies (SEAs) to notify LEAs of these
requirements at the beginning of every school year. By
conditioning ESEA funds to LEAs and SEAs on meeting the
requirements in the bill, H.R. 1049 contains severe penalties
for districts and states that fail to implement the
requirements of the bill correctly, whether intentional or
accidental.
H.R. 1049 Raises significant administrative concerns for public schools
As written, H.R. 1049 will cause confusion for public
schools as they seek to follow the law. With respect to staff
compensation, it is unclear whether the bill only applies to
staff compensation that is provided by the school using funds
the school received from a foreign government or foreign entity
of concern or if it applies, for instance, to a volunteer
compensated directly by a foreign government or foreign entity
of concern without a school's knowledge. Further, while the
obligation to provide information about donations, agreements,
or financial transactions rests with the school, schools are
often not aware of donations, agreements, or financial
transactions made at the LEA level, and the bill does not
require LEAs to share that information with schools.
Additionally, the bill does not provide a clear definition
for ``foreign country.'' This sets a dangerous precedent by
leaving it to LEAs and schools to decide what constitutes a
foreign country and inviting them to engage in international
diplomacy. It is also unclear in what instances an LEA or
school will need to determine whether there is any involvement
by a foreign government or a ``foreign entity of concern''. The
bill is also silent as to how to make such a determination, or
how to assess whether any entity the LEA or school works with--
U.S. or otherwise--has substantial operations in another
country. Learning how to assess and make these determinations
and ensure that anyone authorized to spend money is aware of
the requirements in the bill will require significant training,
professional development, and cost. Moreover, it is unclear
whether every contract (new and existing) for food, tutoring,
textbooks, janitorial services, trash collection, recycling,
etc. would need to undergo such examination. The bill is also
not specific about whether such an examination to ensure
compliance would need to focus on each individual employee or
only key decision-makers at the entity providing services.
During the markup for the bill Ranking Member Bobby Scott
(D-VA) asked for clarification on what a ``foreign entity of
concern'' is, citing the bill incorporates by reference the
definition of the term from the Research and Development,
Competition, and Innovation Act.\16\ Rep. Ryan Mackenzie (R-PA)
responded that ``foreign entity of concern'' meant ``Communist
China'',\17\ however the Research and Development, Competition,
and Innovation Act includes a much more expansive definition,
that itself cross-references numerous other criminal and
national security statutes.\18\ Rep. Scott (D-VA) went on to
highlight the difficulties schools may have complying, since
the definition in the bill text expands well beyond China.
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\16\42 U.S.C. 19221 (a).
\17\Quoted from the Markup Rep. Ryan Mackenzie (R-PA).
\18\42 U.S.C. Sec. 19221 (a)(``The term ``foreign entity of
concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization by the Secretary
of State under section 1189(a) of title 8;
(B) included on the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Assets Control of
the Department of the Treasury (commonly known as the SDN list);
(C) owned by, controlled by, or subject to the jurisdiction or
direction of a government of a foreign country that is a covered nation
(as such term is defined in section 4872 of title 10);
(D) alleged by the Attorney General to have been involved in
activities for which a conviction was obtained under--
(i) chapter 37 of title 18 (commonly known as the Espionage Act);
(ii) section 951 or 1030 of title 18;
(iii) chapter 90 of title 18 (commonly known as the Economic
Espionage Act of 1996);
(iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(v) section 2274, 2275, 2276, 2277, or 2284 of this title;
(vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et
seq.); or
(vii) the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.); or
(E) determined by the Secretary of Commerce, in consultation with
the Secretary of Defense and the Director of National Intelligence, to
be engaged in unauthorized conduct that is detrimental to the national
security or foreign policy of the United States.
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Finally, H.R. 1049 will likely have a chilling effect on
SEAs, LEAs, and schools engaging in international and cultural
exchange opportunities because they often require some
coordination with foreign governments (through U.S.
consulates). Statements made at markup lead us to wonder if the
chilling effect on engaging with foreign entities, however
benign, is part of the purpose of the legislation. During the
markup of H.R. 1049, when faced with questions on the
difficulty schools would have complying with this bill, Rep.
Mackenzie said:
``I think the easiest and fastest way to comply with
this legislation is to not accept funds from communist
China. It's very simple. If you're not accepting funds
from an entity like that, you won't have any compliance
costs because then parents will have the transparency
that will be brought about by this act. They will not
ever find that there was any money being given to a
school district to influence the curriculum or the
teaching that is going on in a classroom, and it'll be
very simple to reply from the school district, just
saying we have not received those funds. Very simple,
very easy, straightforward piece of legislation that
increases transparency and also again then will help
parents be involved in their student's education.''
H.R. 1049's requirements related to disclosing information
on donations, agreements, and financial transactions in the
bill are not limited to ``Communist China'' or ``foreign
influence''. Everyday commonplace business that a school may
engage with a vendor could easily be implicated by H.R. 1049.
When faced with questions regarding compliance, Committee
Republicans suggested the easiest way to comply is to not
engage in the underlying practice. This suggests that if H.R.
1049 became law, we would likely see a general disincentive
among schools to contract with, or accept donations from anyone
who looks or sounds ``foreign'', for fear of losing ESEA funds.
DEMOCRATIC AMENDMENT OFFERED DURING MARKUP OF H.R. 1049
Recognizing the administrative burden schools will face,
Ranking Member Scott put forward an amendment to provide funds
to assist schools, LEAs, and SEAs with compliance costs.
Significant effort may need to be expended to investigate
existing and new contracts, to determine whether existing or
potential business partners are foreign governments or
``foreign entities of concern'', to create and maintain systems
to keep track of all the new information and respond to
inquiries and to train staff in each school on the ways to
report to be in compliance with the bill. This amendment
authorizes $300 million for fiscal year 2025 and each
subsequent fiscal year, providing on average approximately
$3,000 to every public school in America to assist with coming
into compliance with H.R. 1049.\19\ Committee Republicans
rejected this amendment on a party-line vote.
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\19\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.
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Representative Suzanne Bonamici (D-OR) put forward an
amendment designed to ensure the Department of Education, and
no other agency, is responsible for overseeing the enforcement
of this legislation. Over the past several weeks, President
Trump has suggested he will have a plan soon to eliminate the
Department of Education, calling into question how this bill
would be administered. Yet H.R. 1069 specifically calls for
funds that are administered by the Department of Education to
be withheld if schools do not comply. Therefore, the Bonamici
amendment sought to ensure that the Department be the sole
agency empowered to enforce the bill. However, Committee
Republicans rejected this amendment on a party-line vote.
CONCLUSION
H.R. 1049 is another solution in search of a problem. While
the Majority claims that some foreign countries seek to
influence our nation's students, there is no credible evidence
proving such a claim. Yet, they use the bill to feed into
baseless arguments that parents do not have rights, claims we
all know are not substantiated under current law. The bill
raises a number of administrative questions and concerns for
public schools and in practice will result in many schools
discontinuing perfectly safe and legal international
engagements. For the reasons stated above, we urge the House of
Representatives to oppose H.R. 1049.
Robert C. ``Bobby'' Scott,
Ranking Member.
Mark DeSaulnier,
Summer L. Lee,
Members of Congress.
[all]