PROTECT Our Kids Act in plain language
1: Short title
This section would give the Act two short titles: the Promoting Responsible Oversight To Eliminate Communist Teachings for Our Kids Act, and the PROTECT Our Kids Act.
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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 .
2: Prohibition on availability of funds
This section would stop federal education funds under an applicable program from being made available to any elementary school or secondary school that does at least one of three things: has an active partnership with a cultural or language institute that is directly or indirectly funded by the government of the People's Republic of China, including a Confucius Institute; operates a learning center that is directly or indirectly supported by the government of the People's Republic of China, commonly called a Confucius Classroom; or 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 such as teaching materials, personnel, funds, or other resources. This funding ban would take effect one year after the Act is enacted. If a school is a party to a contract that took effect before the Act's enactment, continues to be in effect after the ban's start date, and relates to at least one of the three situations described above, the school would have to timely submit to the Secretary a request for a waiver of the ban. The waiver request would have to include the complete, unredacted text of the contract, translated into English if it is not in English, and a statement showing that the contract benefits the school's mission and students and will promote the security, stability, and economic vitality of the United States. Upon receiving such a request, the Secretary could issue the school a waiver covering the period from the ban's effective date until the date the contract ends. Not later than 90 days after the Act is enacted, the Secretary would have to notify elementary and secondary schools of these requirements and provide guidance for complying with them. The section would define applicable program to have the meaning given in section 400(c)(1) of the General Education Provisions Act (20 U.S.C. 1221(c)(1)), and would define elementary school, secondary school, and Secretary to have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
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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 ).