[House Report 119-14]
[From the U.S. Government Publishing Office]
119th Congress } { REPORT
HOUSE OF REPRESENTATIVEShr
1st Session } { 119-14
======================================================================
PROMOTING RESPONSIBLE OVERSIGHT TO ELIMINATE
COMMUNIST TEACHINGS FOR OUR KIDS 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. 1069]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and Workforce, to whom was
referred the bill (H.R. 1069) 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:
SEC. 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.
SEC. 3. DEFINITIONS.
In this Act:
(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. 1069, 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; and teaching materials,
personnel, or funds received 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 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
testified that the Qatar Foundation did donate, and he followed
up after the hearing and confirmed that the Italian government
and the Consulate General of the Republic of Korea also
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;
and 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), Andy 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 added 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 voice vote.
2. Ranking Member Bobby Scott (D-VA) offered an
amendment that added an authorization of $300 million
per year starting in fiscal year 2025. The amendment
failed by a recorded vote of 16-24.
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
with 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, D.C.; and Mr. Johnny C. Taylor, Jr.,
President and CEO, Society for Human Resource Management,
Alexandria, VA.
Legislative Action
On February 5, 2025, Representative Hern introduced H.R.
1069, Promoting Responsible Oversight to Eliminate Communist
Teachings for Our Kids (PROTECT) Act, with Representative Kevin
Kiley (R-CA) 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. 1069 in legislative
session and reported it favorably, as amended, to the House of
Representatives by a recorded vote of 21-13. The Committee
considered the following amendments to H.R. 1069:
1. Representative Kiley offered an Amendment in the
Nature of a Substitute that made a technical change.
The amendment was adopted by a 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 14-20.
COMMITTEE VIEWS
INTRODUCTION
Over the last decade, the Chinese Communist Party (CCP) has
fostered relationships with American K-12 schools through
grants, sister school partnerships, and other programming
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 CCP'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 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 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.pdf.
\2\https://defendinged.org/investigations/little-red-classrooms-
china-infiltration-of-american-k-12-schools/.
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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
Confucius Institutes. China strategically deployed and rapidly
expanded its 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 as of
publication.\4\
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\3\https://www.heritage.org/homeland-security/commentary/confucius-
institutes-chinas-trojan-horse.
\4\https://defendinged.org/investigations/little-red-classrooms-
china-infiltration-of-american-k-12-schools/.
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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 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.''\5\
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\5\https://www.hsgac.senate.gov/wp-content/uploads/imo/media/doc/
PSI%20Report%20China%
27s%20Impact%20on%20the%20US%20Education%20System.pdf.
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It is imperative to ensure that American students are not
subject to malicious foreign influence in their schools. As
such, 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; and teaching materials,
personnel, or funds received from an individual or entity
acting on behalf of the Chinese government.\6\
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\6\https://www.congress.gov/bill/119th-congress/house-bill/1069/
text.
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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. H.R. 1069 will help ensure that the Chinese
government does not take advantage of local school districts
and the parents and students in them.
H.R. 1069 SECTION-BY-SECTION SUMMARY
Section 1--Short title
Names the bill the Promoting Responsible
Oversight to Eliminate Communist Teachings for Our Kids
Act or PROTECT 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 thePeople'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.
Section 3--Definitions
Defines the terms used in the Act.
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. 1069 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. H.R. 1069 applies solely to
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 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. 1069 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. 1069 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.
DUPLICATION OF FEDERAL PROGRAMS
No provision of H.R. 1069 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. 1069: 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. 1069 would prohibit elementary or secondary schools
that receive direct or indirect support from an individual or
entity representing the government of the People's Republic of
China (including Confucius Institutes) from receiving funds
from the Department of Education.
CBO expects that 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 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. 1069.
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
H.R. 1069, as reported by the Committee, makes no changes
to existing law.
MINORITY VIEWS
INTRODUCTION
H.R. 1069, 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, neither the
bill nor its supporters have demonstrated a significant amount
of such funding is going to K-12 schools, or that such a ``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.
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\1\Press Release, Rep. Kevin Hern, Hern introduces bill to combat
Confucius Classrooms, CCP-funded influence in American schools (Feb. 6,
2025), https://hern.house.gov/news/documentsingle.aspx?DocumentID=3058.
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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 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.\2\ However, over nearly five years, the number of
U.S. Confucius Classrooms has dropped from more than 500 to
currently no more than 16.\3\ 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.''\4\
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\2\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-return
ing-to-u-s-schools-under-new-name/6635906.html.
\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-superintende nts-congressional-testimony;
Little Red Classrooms China's Infiltration of American K-12 Schools,
Defending Ed. (Jul. 26, 2023) https://defendinged.org/investigations/
little-red-class
rooms-china-infiltration-of-american-K-12-schools/.
\4\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.\5\ 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.\6\ 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''\7\ and that ``the State Department should demand
reciprocal and fair treatments of its diplomats and employees
in China.'',\8\ the Committee did not find security risks or
curriculum vulnerability, as claimed by the Majority.
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\5\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/.
\6\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).
\7\Id. at 91.
\8\Id. at 92.
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H.R. 1069 Will Raise Administrative Questions and Concerns for Public
Schools
H.R. 1069 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'';\9\
operate a ``learning center directly or indirectly funded by
the Government of the People's Republic of China'';\10\ 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.''\11\
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\9\Promoting Responsible Oversight To Eliminate Communist Teachings
for Our Kids Act, H.R. 1069, 119th Cong. Sec. 2.
\10\Id.
\11\Id.
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Implementing the text of H.R. 1069 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. 1069 (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 who possesses
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.\12\ 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.\13\ Although all charges against him were
dismissed, the negative impact on his personal and professional
life from being arrested in front of his wife and children and
being placed on administrative leave from work resulted in
irreparable career damage and drove Dr. Chen to leave his
profession.\14\
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\12\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/.
\13\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.
\14\Id.
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That is not to say that the PRC has clean hands. 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.\15\ 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.\16\ 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.
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\15\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.
\16\Id. at 16-18.
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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 linkage. 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. 1069
Although H.R. 1069 applies to all elementary and secondary
schools, public schools would be 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 likely have no federal funds that could be
rescinded.
H.R. 1069 has the Potential to Limit Chinese Language and Cultural
Exchange Programs
As discussed earlier, under H.R. 1069 schools may avoid
collaborations with ``Chinese language and cultural
institutes'',\17\ and ``learning centers''\18\ fearing
regulatory complications or loss of federal funding. This will
have the unintended result of 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.\19\ Additionally, bilingualism
promotes cultural awareness and competency.\20\ H.R. 1069 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.
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\17\Promoting Responsible Oversight To Eliminate Communist
Teachings for Our Kids Act, H.R. 1069, Sec. 2, 119th Cong.
\18\Id.
\19\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/.
\20\Amy Bergen, The Benefits of Being Bilingual, Idealist (Nov. 29,
2021) https://www.idealist.org/en/careers/bilingual-hired.
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H.R. 1069 Could Further Fuel Anti-Asian Sentiment and Actions
In attempting to target Chinese government influence in
schools, H.R. 1069 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.\21\ 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.
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\21\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-KeyFind ings-F.pdf.
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DEMOCRATIC AMENDMENTS OFFERED DURING MARKUP OF H.R. 1069
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.\22\ Committee Republicans rejected this amendment on a
party- line vote.
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\22\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. 1069 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 disproportionately punishes public
schools and leaves them 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. 1069.
Robert C. ``Bobby'' Scott,
Ranking Member.
Mark DeSaulnier,
Jahana Hayes,
Summer L. Lee,
Members of Congress.
[all]