DETERRENT Act

2/6/2024, 6:49 PM

Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act or the DETERRENT Act

This bill expands oversight and disclosure requirements related to foreign sources and institutions of higher education (IHEs).

Specifically, the bill requires an IHE to annually disclose to the Department of Education (ED) any year in which the IHE

  • receives a gift from a foreign country of concern (e.g., China or Russia) or foreign entity of concern of any dollar amount;
  • receives a gift or contract from a foreign source (other than a foreign country of concern or foreign entity of concern) that is valued at $50,000 or more, considered alone or in combination with all other gifts or contracts within a calendar year (current disclosure threshold is $250,000 or more), or which has an undetermined monetary value;
  • enters into a contract with a foreign country of concern or foreign entity of concern after receiving a waiver for such contract; or
  • is substantially controlled by a foreign source.

Additionally, the bill

  • prohibits IHEs from entering into contracts with a foreign country of concern or with a foreign entity of concern without obtaining a waiver,
  • requires certain IHEs to disclose gifts or contracts between covered individuals (e.g., researchers) and foreign sources, and
  • requires private IHEs with specified assets or investments to file annual investment disclosure reports.

The bill requires ED to investigate possible violations of this bill and outlines the various penalties for each violation.

Congress
118

Number
HR - 5933

Introduced on
2023-10-11

# Amendments
8

Sponsors
+5

Cosponsors
+5

Variations and Revisions

12/6/2023

Status of Legislation

Bill Introduced
Introduced to House
Passed in House
Introduced to Senate
Senate to Vote

Purpose and Summary

Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act or the DETERRENT Act

This bill expands oversight and disclosure requirements related to foreign sources and institutions of higher education (IHEs).

Specifically, the bill requires an IHE to annually disclose to the Department of Education (ED) any year in which the IHE

  • receives a gift from a foreign country of concern (e.g., China or Russia) or foreign entity of concern of any dollar amount;
  • receives a gift or contract from a foreign source (other than a foreign country of concern or foreign entity of concern) that is valued at $50,000 or more, considered alone or in combination with all other gifts or contracts within a calendar year (current disclosure threshold is $250,000 or more), or which has an undetermined monetary value;
  • enters into a contract with a foreign country of concern or foreign entity of concern after receiving a waiver for such contract; or
  • is substantially controlled by a foreign source.

Additionally, the bill

  • prohibits IHEs from entering into contracts with a foreign country of concern or with a foreign entity of concern without obtaining a waiver,
  • requires certain IHEs to disclose gifts or contracts between covered individuals (e.g., researchers) and foreign sources, and
  • requires private IHEs with specified assets or investments to file annual investment disclosure reports.

The bill requires ED to investigate possible violations of this bill and outlines the various penalties for each violation.

Alternative Names
Official Title as IntroducedTo amend the Higher Education Act of 1965 to require additional information in disclosures of foreign gifts and contracts from foreign sources, restrict contracts with certain foreign entities and foreign countries of concern, require certain staff and faculty to report foreign gifts and contracts, and require disclosure of certain foreign investments within endowments.

Policy Areas
Education

Potential Impact
Civil actions and liability•
Congressional oversight•
Contracts and agency•
Education programs funding•
Financial services and investments•
Government information and archives•
Government studies and investigations•
Higher education•
Subversive activities•
Teaching, teachers, curricula

Comments

Recent Activity

Latest Summary12/4/2023

Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act or the DETERRENT Act

This bill expands oversight and disclosure requirements related to foreign sources and institutions of higher educ...


Latest Action12/7/2023
Received in the Senate.