H.R. 1069 — PROTECT Our Kids Act

This section establishes the short title of the Act as the “Promoting Responsible Oversight To Eliminate Communist Teachings for Our Kids Act” or the “PROTECT Our Kids Act.”

This section prohibits the availability of Federal funds under an applicable program to any elementary or secondary school that, after the effective date, has: (1) a partnership 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) 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) other support from an individual or entity acting directly or indirectly on behalf of the Government of the People’s Republic of China, including teaching materials, personnel, funds, or other resources. This section takes effect 1 year after enactment. (Thus, schools with covered arrangements would become ineligible for funds under the applicable program beginning on that date.) This section also establishes a waiver process for schools that were already party to a covered contract before enactment. A school must timely submit to the Secretary the complete and unredacted contract text, and if the contract is not in English, an English translation, along with a statement showing that the contract benefits the school’s mission and students and promotes the security, stability, and economic vitality of the United States. The Secretary may issue a waiver beginning on the effective date and ending when the contract terminates. This applies only to contracts that took effect before enactment, remain in effect after the 1-year delayed effective date, and relate to one of the prohibited arrangements. This section requires the Secretary to notify elementary and secondary schools of the new requirements and provide compliance guidance not later than 90 days after enactment.

This section defines “applicable program” by cross-reference to section 400(c)(1) of the General Education Provisions Act (20 U.S.C. 1221(c)(1)), meaning any program for which the Secretary of Education or the Department of Education has administrative responsibility, including programs administered under the Department of Education Organization Act or other federal law. It also defines “elementary school,” “secondary school,” and “Secretary” by cross-reference to section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).