II 

118TH CONGRESS 

1ST SESSION S. 3362 

To 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. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 29, 2023 

Mr. TILLIS (for himself, Mrs. BLACKBURN, Mr. BRAUN, Mr. CORNYN, Ms. 

ERNST, Mr. GRASSLEY, and Mr. SCHMITT) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Defending Education 

3 Transparency and Ending Rogue Regimes Engaging in 

4 Nefarious Transactions Act’’ or the ‘‘DETERRENT 

5 Act’’. 

6 SEC. 2. DISCLOSURES OF FOREIGN GIFTS. 

7 (a) IN GENERAL.—Section 117 of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1011f) is amended to read 

9 as follows: 

10 ‘‘SEC. 117. DISCLOSURES OF FOREIGN GIFTS. 

11 ‘‘(a) DISCLOSURE REPORTS.— 

12 ‘‘(1) AGGREGATE GIFTS AND CONTRACT DIS13 CLOSURES.—An institution shall file a disclosure re14 port in accordance with subsection (b)(1) with the 

15 Secretary on July 31 of the calendar year imme16 diately following any calendar year in which— 

17 ‘‘(A) the institution receives a gift from, or 

18 enters into a contract with, a foreign source 

19 (other than a foreign country of concern or for20 eign entity of concern)— 

21 ‘‘(i) the value of which is $50,000 or 

22 more, considered alone or in combination 

23 with all other gifts from, or contracts with, 

24 that foreign source within the calendar 

25 year; or 


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1 ‘‘(ii) the value of which is undeter2 mined; or 

3 ‘‘(B) the institution receives a gift from a 

4 foreign country of concern or foreign entity of 

5 concern, or, upon receiving a waiver under sec6 tion 117A to enter into a contract with such a 

7 country or entity, enters into such contract, 

8 without regard to the value of such gift or con9 tract. 

10 ‘‘(2) FOREIGN SOURCE OWNERSHIP OR CON11 TROL DISCLOSURES.—In the case of an institution 

12 that is substantially controlled (as described in sec13 tion 668.174(c)(3) of title 34, Code of Federal Reg14 ulations) (or successor regulations)) by a foreign 

15 source, the institution shall file a disclosure report 

16 in accordance with subsection (b)(2) with the Sec17 retary on July 31 of each year. 

18 ‘‘(3) TREATMENT OF AFFILIATED ENTITIES.— 

19 For purposes of this section, any gift to, or contract 

20 with, an affiliated entity of an institution shall be 

21 considered a gift to or contract with, respectively, 

22 such institution. 

23 ‘‘(b) CONTENTS OF REPORT.— 


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1 ‘‘(1) GIFTS AND CONTRACTS.—Each report to 

2 the Secretary required under subsection (a)(1) shall 

3 contain the following: 

4 ‘‘(A) With respect to a gift received from, 

5 or a contract entered into with, any foreign 

6 source— 

7 ‘‘(i) the terms of such gift or contract, 

8 including— 

9 ‘‘(I) the name of the individual, 

10 department, or benefactor at the insti11 tution receiving the gift or carrying 

12 out the contract; 

13 ‘‘(II) the intended purpose of 

14 such gift or contract, as provided to 

15 the institution by such foreign source, 

16 or if no such purpose is provided by 

17 such foreign source, the intended use 

18 of such gift or contract, as provided 

19 by the institution; and 

20 ‘‘(III) in the case of a restricted 

21 or conditional gift or contract, a de22 scription of the restrictions or condi23 tions of such gift or contract; 

24 ‘‘(ii) with respect to a gift— 


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1 ‘‘(I) the total fair market dollar 

2 amount or dollar value of the gift, as 

3 of the date of submission of such re4 port; and 

5 ‘‘(II) the date on which the insti6 tution received such gift; 

7 ‘‘(iii) with respect to a contract— 

8 ‘‘(I) the date on which such con9 tract commences; 

10 ‘‘(II) as applicable, the date on 

11 which such contract terminates; and 

12 ‘‘(III) an assurance that the in13 stitution will— 

14 ‘‘(aa) maintain an 

15 unredacted copy of the contract 

16 until the latest of— 

17 ‘‘(AA) the date that is 

18 4 years after the date on 

19 which the contract com20 mences; 

21 ‘‘(BB) the date on 

22 which the contract termi23 nates; or 

24 ‘‘(CC) the last day of 

25 any period that applicable 


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1 State law requires a copy of 

2 such contract to be main3 tained; and 

4 ‘‘(bb) upon request of the 

5 Secretary during an investigation 

6 under section 117D(a)(1), 

7 produce such an unredacted copy 

8 of the contract; and 

9 ‘‘(iv) an assurance that in a case in 

10 which information is required to be dis11 closed under this section with respect to a 

12 gift or contract that is not in English, such 

13 information is translated into English in 

14 compliance with the requirements of sub15 section (c). 

16 ‘‘(B) With respect to a gift received from, 

17 or a contract entered into with, a foreign source 

18 that is a foreign government (other than the 

19 government of a foreign country of concern)— 

20 ‘‘(i) the name of such foreign govern21 ment; 

22 ‘‘(ii) the department, agency, office, 

23 or division of such foreign government that 

24 approved such gift or contract, as applica25 ble; and 


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1 ‘‘(iii) the physical mailing address of 

2 such department, agency, office, or divi3 sion. 

4 ‘‘(C) With respect to a gift received from, 

5 or contract entered into with, a foreign source 

6 (other than a foreign government subject to the 

7 requirements of subparagraph (B))— 

8 ‘‘(i) the legal name of the foreign 

9 source, or, if such name is not available, a 

10 statement certified by the compliance offi11 cer in accordance with subsection (f)(2) 

12 that the institution has reasonably at13 tempted to obtain such name; 

14 ‘‘(ii) in the case of a foreign source 

15 that is a natural person, the country of 

16 citizenship of such person, or, if such coun17 try is not known, the principal country of 

18 residence of such person; 

19 ‘‘(iii) in the case of a foreign source 

20 that is a legal entity, the country in which 

21 such entity is incorporated, or if such in22 formation is not available, the principal 

23 place of business of such entity; and 

24 ‘‘(iv) the physical mailing address of 

25 such foreign source, or if such address is 


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1 not available, a statement certified by the 

2 compliance officer in accordance with sub3 section (f)(2) that the institution has rea4 sonably attempted to obtain such address. 

5 ‘‘(D) With respect to a contract entered 

6 into with a foreign source that is a foreign 

7 country of concern or a foreign entity of con8 cern— 

9 ‘‘(i) a complete and unredacted text of 

10 the original contract, and if such original 

11 contract is not in English, a translated 

12 copy of the text into English; 

13 ‘‘(ii) a copy of the waiver received 

14 under section 117A for such contract; and 

15 ‘‘(iii) the statement submitted by the 

16 institution for purposes of receiving such a 

17 waiver under section 117A(b)(1). 

18 ‘‘(2) FOREIGN SOURCE OWNERSHIP OR CON19 TROL.—Each report to the Secretary required under 

20 subsection (a)(2) shall contain— 

21 ‘‘(A) the legal name and address of the 

22 foreign source that owns or controls the institu23 tion; 

24 ‘‘(B) the date on which the foreign source 

25 assumed ownership or control; and 


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1 ‘‘(C) any changes in program or structure 

2 resulting from the change in ownership or con3 trol. 

4 ‘‘(c) TRANSLATION REQUIREMENTS.—Any informa5 tion required to be disclosed under this section with re6 spect to a gift or contract that is not in English shall be 

7 translated, for purposes of such disclosure, by a person 

8 that is not an affiliated entity or agent of the foreign 

9 source involved with such gift or contract. 

10 ‘‘(d) PUBLIC INSPECTION.— 

11 ‘‘(1) DATABASE REQUIREMENT.—Beginning not 

12 later than 60 days before the July 31 immediately 

13 following the date of the enactment of the DETER14 RENT Act, the Secretary shall— 

15 ‘‘(A) establish and maintain a searchable 

16 database on a website of the Department, under 

17 which all reports submitted under this section 

18 (including any report submitted under this sec19 tion before the date of the enactment of the 

20 DETERRENT Act)— 

21 ‘‘(i) are made publicly available (in 

22 electronic and downloadable format), in23 cluding any information provided in such 

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1 ited from being publicly disclosed pursuant 

2 to paragraph (2)); 

3 ‘‘(ii) can be individually identified and 

4 compared; and 

5 ‘‘(iii) are searchable and sortable by— 

6 ‘‘(I) the date the institution filed 

7 such report; 

8 ‘‘(II) the date on which the insti9 tution received the gift, or entered 

10 into the contract, which is the subject 

11 of the report; 

12 ‘‘(III) the attributable country of 

13 such gift or contract; and 

14 ‘‘(IV) the name of the foreign 

15 source (other than a foreign source 

16 that is a natural person); 

17 ‘‘(B) not later than 30 days after receipt 

18 of a disclosure report under this section, include 

19 such report in such database; 

20 ‘‘(C) indicate, as part of the public record 

21 of a report included in such database, whether 

22 the report is with respect to a gift received 

23 from, or a contract entered into with— 

24 ‘‘(i) a foreign source that is a foreign 

25 government; or 


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1 ‘‘(ii) a foreign source that is not a for2 eign government; and 

3 ‘‘(D) with respect to a disclosure report 

4 that does not include the name or address of a 

5 foreign source, indicate, as part of the public 

6 record of such report included in such database, 

7 that such report did not include such informa8 tion. 

9 ‘‘(2) NAME AND ADDRESS OF FOREIGN

10 SOURCE.—The Secretary shall not disclose the name 

11 or address of a foreign source that is a natural per12 son (other than the attributable country of such for13 eign source) included in a disclosure report— 

14 ‘‘(A) as part of the public record of such 

15 disclosure report described in paragraph (1); or 

16 ‘‘(B) in response to a request under sec17 tion 552 of title 5, United States Code (com18 monly known as the ‘Freedom of Information 

19 Act’), pursuant to subsection (b)(3) of such sec20 tion. 

21 ‘‘(e) INTERAGENCY INFORMATION SHARING.—Not 

22 later than 30 days after receiving a disclosure report from 

23 an institution in compliance with this section, the Sec24 retary shall transmit an unredacted copy of such report 

25 (that includes the name and address of a foreign source 


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1 disclosed in such report) to the Director of the Federal 

2 Bureau of Investigation, the Director of National Intel3 ligence, the Director of the Central Intelligence Agency, 

4 the Secretary of State, the Secretary of Defense, the At5 torney General, the Secretary of Commerce, the Secretary 

6 of Homeland Security, the Secretary of Energy, the Direc7 tor of the National Science Foundation, and the Director 

8 of the National Institutes of Health. 

9 ‘‘(f) COMPLIANCE OFFICER.—Any institution that is 

10 required to file a disclosure report under subsection (a) 

11 shall designate, before the filing deadline for such report, 

12 and maintain a compliance officer, who shall— 

13 ‘‘(1) be a current employee or legally authorized 

14 agent of such institution; and 

15 ‘‘(2) be responsible, on behalf of the institution, 

16 for personally certifying accurate compliance with 

17 the foreign gift reporting requirement under this 

18 section. 

19 ‘‘(g) DEFINITIONS.—In this section: 

20 ‘‘(1) AFFILIATED ENTITY.—The term ‘affiliated 

21 entity’, when used with respect to an institution, 

22 means an entity or organization that operates pri23 marily for the benefit of, or under the auspices of, 

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1 tution or a related entity (such as any educational, 

2 cultural, or language entity). 

3 ‘‘(2) ATTRIBUTABLE COUNTRY.—The term ‘at4 tributable country’ means— 

5 ‘‘(A) the country of citizenship of a foreign 

6 source who is a natural person, or, if such 

7 country is unknown, the principal residence (as 

8 applicable) of such foreign source; or 

9 ‘‘(B) the country of incorporation of a for10 eign source that is a legal entity, or, if such 

11 country is unknown, the principal place of busi12 ness (as applicable) of such foreign source. 

13 ‘‘(3) CONTRACT.—The term ‘contract’— 

14 ‘‘(A) means— 

15 ‘‘(i) any agreement for the acquisition 

16 by purchase, lease, or barter of property or 

17 services by the foreign source; 

18 ‘‘(ii) any affiliation, agreement, or 

19 similar transaction with a foreign source 

20 that involves the use or exchange of an in21 stitution’s name, likeness, time, services, or 

22 resources; and 

23 ‘‘(iii) any agreement for the acquisi24 tion by purchase, lease, or barter, of prop25 erty or services from a foreign source 


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1 (other than an arms-length agreement for 

2 such acquisition from a foreign source that 

3 is not a foreign country of concern or a 

4 foreign entity of concern); and 

5 ‘‘(B) does not include an agreement made 

6 between an institution and a foreign source re7 garding any payment of one or more elements 

8 of a student’s cost of attendance (as such term 

9 is defined in section 472), unless such an agree10 ment is made for more than 15 students or is 

11 made under a restricted or conditional contract. 

12 ‘‘(4) FOREIGN SOURCE.—The term ‘foreign 

13 source’ means— 

14 ‘‘(A) a foreign government, including an 

15 agency of a foreign government; 

16 ‘‘(B) a legal entity, governmental or other17 wise, created under the laws of a foreign state 

18 or states; 

19 ‘‘(C) a natural person who is not a citizen 

20 or a national of the United States or a trust 

21 territory or protectorate thereof; and 

22 ‘‘(D) a legal entity, governmental or other23 wise, substantially controlled (as described in 

24 section 668.174(c)(3) of title 34, Code of Fed25 eral Regulations) (or successor regulations)) by 


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1 a government, entity, or person described in 

2 subparagraph (A), (B), or (C); 

3 ‘‘(E) an agent of a government, entity, or 

4 person described in subparagraph (A), (B), or 

5 (C), including— 

6 ‘‘(i) a subsidiary or affiliate of a for7 eign legal entity, acting on behalf of such 

8 government, entity, or person; 

9 ‘‘(ii) a person that operates primarily 

10 for the benefit of, or under the auspices of, 

11 such government, entity, or person, includ12 ing a foundation or a related entity (such 

13 as any educational, cultural, or language 

14 entity); and 

15 ‘‘(iii) a person who is an agent of a 

16 foreign principal (as such term is defined 

17 in section 1 of the Foreign Agents Reg18 istration Act of 1938 (22 U.S.C. 611). 

19 ‘‘(5) GIFT.—The term ‘gift’— 

20 ‘‘(A) means any gift of money, property, 

21 resources, staff, or services; and 

22 ‘‘(B) does not include— 

23 ‘‘(i) any payment of one or more ele24 ments of a student’s cost of attendance (as 

25 such term is defined in section 472) to an 


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1 institution by, or scholarship from, a for2 eign source who is a natural person, acting 

3 in their individual capacity and not as an 

4 agent for, at the request or direction of, or 

5 on behalf of, any person or entity (except 

6 the student), made for not more than 15 

7 students, and that is not made under a re8 stricted or conditional contract with such 

9 foreign source; or 

10 ‘‘(ii) assignment or license of reg11 istered industrial and intellectual property 

12 rights, such as patents, utility models, 

13 trademarks, or copyrights, or technical as14 sistance, that are not identified as being 

15 associated with a national security risk or 

16 concern by the Federal Research Security 

17 Council; or 

18 ‘‘(iii) decorations (as such term is de19 fined in section 7342(a) of title 5, United 

20 States Code). 

21 ‘‘(6) RESTRICTED OR CONDITIONAL GIFT OR

22 CONTRACT.—The term ‘restricted or conditional gift 

23 or contract’ means any endowment, gift, grant, con24 tract, award, present, or property of any kind which 

25 includes provisions regarding— 


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1 ‘‘(A) the employment, assignment, or ter2 mination of faculty; 

3 ‘‘(B) the establishment of departments, 

4 centers, institutes, instructional programs, re5 search or lecture programs, or new faculty posi6 tions; 

7 ‘‘(C) the selection, admission, or education 

8 of students; 

9 ‘‘(D) the award of grants, loans, scholar10 ships, fellowships, or other forms of financial 

11 aid restricted to students of a specified country, 

12 religion, sex, ethnic origin, or political opinion; 

13 or 

14 ‘‘(E) any other restriction on the use of a 

15 gift or contract.’’. 

16 (b) PROHIBITION ON CONTRACTS WITH CERTAIN

17 FOREIGN ENTITIES AND COUNTRIES.—Part B of title I 

18 of the Higher Education Act of 1965 (20 U.S.C. 1011 

19 et seq.) is amended by inserting after section 117 the fol20 lowing: 

21 ‘‘SEC. 117A. PROHIBITION ON CONTRACTS WITH CERTAIN 

22 FOREIGN ENTITIES AND COUNTRIES. 

23 ‘‘(a) IN GENERAL.—An institution shall not enter 

24 into a contract with a foreign country of concern or a for25 eign entity of concern. 


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1 ‘‘(b) WAIVERS.— 

2 ‘‘(1) SUBMISSION.— 

3 ‘‘(A) FIRST WAIVER REQUESTS.— 

4 ‘‘(i) IN GENERAL.—An institution 

5 that desires to enter into a contract with 

6 a foreign entity of concern or a foreign 

7 country of concern may submit to the Sec8 retary, not later than 120 days before the 

9 institution enters into such a contract, a 

10 request to waive the prohibition under sub11 section (a) with respect to such contract. 

12 ‘‘(ii) CONTENTS OF WAIVER RE13 QUEST.—A waiver request submitted by an 

14 institution under clause (i) shall include— 

15 ‘‘(I) the complete and unredacted 

16 text of the proposed contract for 

17 which the waiver is being requested, 

18 and if such original contract is not in 

19 English, a translated copy of the text 

20 into English (in a manner that com21 plies with section 117(c)); and 

22 ‘‘(II) a statement that— 

23 ‘‘(aa) is signed by the point 

24 of contact of the institution de25 scribed in section 117(f); and 


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1 ‘‘(bb) includes information 

2 that demonstrates that such con3 tract is for the benefit of the in4 stitution’s mission and students 

5 and will promote the security, 

6 stability, and economic vitality of 

7 the United States. 

8 ‘‘(B) RENEWAL WAIVER REQUESTS.— 

9 ‘‘(i) IN GENERAL.—An institution 

10 that has entered into a contract pursuant 

11 to a waiver issued under this section, the 

12 term of which is longer than the 1-year 

13 waiver period and the terms and conditions 

14 of which remain the same as the proposed 

15 contract submitted as part of the request 

16 for such waiver may submit, not later than 

17 120 days before the expiration of such 

18 waiver period, a request for a renewal of 

19 such waiver for an additional 1-year period 

20 (which shall include any information re21 quested by the Secretary). 

22 ‘‘(ii) TERMINATION.—If the institu23 tion fails to submit a request under clause 

24 (i) or is not granted a renewal under such 

25 clause, such institution shall terminate 


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1 such contract on the last day of the origi2 nal 1-year waiver period. 

3 ‘‘(2) WAIVER ISSUANCE.—The Secretary— 

4 ‘‘(A) not later than 60 days before an in5 stitution enters into a contract pursuant to a 

6 waiver request under paragraph (1)(A), or be7 fore a contract described in paragraph (1)(B)(i) 

8 is renewed pursuant to a renewal request under 

9 such paragraph, shall notify the institution— 

10 ‘‘(i) if the waiver or renewal will be 

11 issued by the Secretary; and 

12 ‘‘(ii) in a case in which the waiver or 

13 renewal will be issued, the date on which 

14 the 1-year waiver period starts; and 

15 ‘‘(B) may only issue a waiver under this 

16 section to an institution if the Secretary deter17 mines, in consultation with the heads of each 

18 agency and department listed in section 117(e), 

19 that the contract for which the waiver is being 

20 requested is for the benefit of the institution’s 

21 mission and students and will promote the secu22 rity, stability, and economic vitality of the 

23 United States. 


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1 ‘‘(3) DISCLOSURE.—Not less than 2 weeks 

2 prior to issuing a waiver under paragraph (2), the 

3 Secretary shall notify the— 

4 ‘‘(A) the Committee on Education and the 

5 Workforce of the House of Representatives; and 

6 ‘‘(B) the Committee on Health, Education, 

7 Labor, and Pensions of the Senate, 

8 of the intent to issue the waiver, including a jus9 tification for the waiver. 

10 ‘‘(4) APPLICATION OF WAIVERS.—A waiver 

11 issued under this section to an institution with re12 spect to a contract shall only— 

13 ‘‘(A) waive the prohibition under sub14 section (a) for a 1-year period; and 

15 ‘‘(B) apply to the terms and conditions of 

16 the proposed contract submitted as part of the 

17 request for such waiver. 

18 ‘‘(c) DESIGNATION DURING CONTRACT TERM.—In 

19 the case of an institution that enters into a contract with 

20 a foreign source that is not a foreign country of concern 

21 or a foreign entity of concern but which, during the term 

22 of such contract, is designated as a foreign country of con23 cern or foreign entity of concern, such institution shall ter24 minate such contract not later than 60 days after the Sec25 retary notifies the institution of such designation. 


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1 ‘‘(d) CONTRACTS PRIOR TO DATE OF ENACTMENT.— 

2 ‘‘(1) IN GENERAL.—In the case of an institu3 tion that has entered into a contract with a foreign 

4 country of concern or foreign entity of concern prior 

5 to the date of enactment of the DETERRENT 

6 Act— 

7 ‘‘(A) the institution shall immediately sub8 mit to the Secretary a waiver request in accord9 ance with subsection (b)(1)(A)(ii); and 

10 ‘‘(B) the Secretary shall, upon receipt of 

11 the request submitted under subparagraph (A), 

12 immediately issue a waiver to the institution for 

13 a period beginning on the date on which the 

14 waiver is issued and ending on the earlier of— 

15 ‘‘(i) the date that is 1 year after the 

16 date of enactment of the DETERRENT 

17 Act; or 

18 ‘‘(ii) the date on which the contract 

19 terminates. 

20 ‘‘(2) RENEWAL.—An institution that has en21 tered into a contract described in paragraph (1), the 

22 term of which is longer than the waiver period de23 scribed in subparagraph (B) of such paragraph and 

24 the terms and conditions of which remain the same 

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1 quired under subparagraph (A) of such paragraph, 

2 may submit a request for renewal of the waiver 

3 issued under such paragraph in accordance with 

4 subsection (b)(1)(B). 

5 ‘‘(e) CONTRACT DEFINED.—The term ‘contract’ has 

6 the meaning given such term in section 117(g).’’. 

7 (c) INTERAGENCY INFORMATION SHARING.—Not 

8 later than 90 days after the date of the enactment of this 

9 Act, the Secretary of Education shall transmit to the 

10 heads of each agency and department listed in section 

11 117(e) of the Higher Education Act of 1965, as amended 

12 by this Act— 

13 (1) any report received by the Department of 

14 Education under section 117 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1011f) prior to the 

16 date of the enactment of this Act; and 

17 (2) any report, document, or other record gen18 erated by the Department of Education in the 

19 course of an investigation— 

20 (A) of an institution with respect to the 

21 compliance of such institution with such sec22 tion; and 

23 (B) initiated prior to the date of the enact24 ment of this Act. 


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1 SEC. 3. POLICY REGARDING CONFLICTS OF INTEREST 

2 FROM FOREIGN GIFTS AND CONTRACTS. 

3 The Higher Education Act of 1965 (20 U.S.C. 1001 

4 et seq.), as amended by section 2 of this Act, is further 

5 amended by inserting after section 117A the following: 

6 ‘‘SEC. 117B. INSTITUTIONAL POLICY REGARDING FOREIGN 

7 GIFTS AND CONTRACTS TO FACULTY AND 

8 STAFF. 

9 ‘‘(a) REQUIREMENT TO MAINTAIN POLICY AND

10 DATABASE.—Beginning not later than 90 days after the 

11 date of the enactment of the DETERRENT Act, each in12 stitution described in subsection (b) shall maintain— 

13 ‘‘(1) a policy requiring covered individuals em14 ployed at the institution to disclose in a report to 

15 such institution on July 31 of each calendar year 

16 that begins after the year in which such enactment 

17 date occurs— 

18 ‘‘(A) any gift received from a foreign 

19 source in the previous calendar year, the value 

20 of which is greater than the minimal value (as 

21 such term is defined in section 7342(a) of title 

22 5, United States Code) or is of undetermined 

23 value, and including the date on which the gift 

24 was received; 

25 ‘‘(B) any contract entered into with a for26 eign source in the previous calendar year, the 


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1 value of which is $5,000 or more, considered 

2 alone or in combination with all other contracts 

3 with that foreign source within the calendar 

4 year, and including the date on which such con5 tract commences and, as applicable, the date on 

6 which such contract terminates; 

7 ‘‘(C) any contract with a foreign source in 

8 force during the previous calendar year that has 

9 an undetermined monetary value, and including 

10 the date on which such contract commences 

11 and, as applicable, the date on which such con12 tract terminates; and 

13 ‘‘(D) any contract entered into with a for14 eign country of concern or foreign entity of con15 cern in the previous calendar year, the value of 

16 which is $0 or more, and including the begin17 ning and ending dates of such contract and the 

18 full text of such contract and any addenda; 

19 ‘‘(2) a publicly available and searchable data20 base (in electronic and downloadable format), on a 

21 website of the institution, of the information re22 quired to be disclosed under paragraph (1) that— 

23 ‘‘(A) makes available the information dis24 closed under paragraph (1) beginning on the 

25 date that is 30 days after receipt of the report 


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1 under such paragraph containing such informa2 tion and until the latest of— 

3 ‘‘(i) the date that is 4 years after the 

4 date on which— 

5 ‘‘(I) a gift referred to in para6 graph (1)(A) is received; or 

7 ‘‘(II) a contract referred to in 

8 subparagraph (B), (C) or (D) of para9 graph (1) begins; or 

10 ‘‘(ii) the date on which a contract re11 ferred to in subparagraph (B), (C) or (D) 

12 of paragraph (1) terminates; and 

13 ‘‘(B) is searchable and sortable by— 

14 ‘‘(i) the date received (if a gift) or the 

15 date commenced (if a contract); 

16 ‘‘(ii) the attributable country with re17 spect to which information is being dis18 closed; 

19 ‘‘(iii) name of the individual making 

20 the disclosure; and 

21 ‘‘(iv) the name of the foreign source 

22 (other than a foreign source who is a nat23 ural person); 

24 ‘‘(3) a plan effectively to identify and manage 

25 potential information gathering by foreign sources 


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1 through espionage targeting covered individuals that 

2 may arise from gifts received from, or contracts en3 tered into with, a foreign source, including through 

4 the use of— 

5 ‘‘(A) periodic communications; 

6 ‘‘(B) accurate reporting under paragraph 

7 (2) of the information required to be disclosed 

8 under paragraph (1); and 

9 ‘‘(C) enforcement of the policy described in 

10 paragraph (1). 

11 ‘‘(b) INSTITUTIONS.—An institution shall be subject 

12 to the requirements of this section if such institution— 

13 ‘‘(1) is an eligible institution for the purposes 

14 of any program authorized under title IV; and 

15 ‘‘(2)(A) received more than $50,000,000 in 

16 Federal funds in any of the previous five calendar 

17 years to support (in whole or in part) research and 

18 development (as determined by the institution and 

19 measured by the Higher Education Research and 

20 Development Survey of the National Center for 

21 Science and Engineering Statistics); or 

22 ‘‘(B) receives funds under title VI. 

23 ‘‘(c) DEFINITIONS.—In this section— 


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1 ‘‘(1) the terms ‘foreign source’, ‘gift’, and ‘at2 tributable country’ have the meanings given such 

3 terms in section 117(g); 

4 ‘‘(2) the term ‘contract’— 

5 ‘‘(A) means any— 

6 ‘‘(i) agreement for the acquisition, by 

7 purchase, lease, or barter, of property or 

8 services by a foreign source; 

9 ‘‘(ii) affiliation, agreement, or similar 

10 transaction with a foreign source involving 

11 the use or exchange of the name, likeness, 

12 time, services, or resources of covered indi13 viduals employed at an institution de14 scribed in subsection (b); or 

15 ‘‘(iii) purchase, lease, or barter of 

16 property or services from a foreign source 

17 that is a foreign country of concern or a 

18 foreign entity of concern; and 

19 ‘‘(B) does not include any fair-market, 

20 arms-length agreement made by covered indi21 viduals for the acquisition, by purchase, lease, 

22 or barter of property or services from a foreign 

23 source other than such a foreign source that is 

24 a foreign country of concern or a foreign entity 

25 of concern; and 


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1 ‘‘(3) the term ‘covered individual’— 

2 ‘‘(A) has the meaning given such term in 

3 section 223(d) of the William M. (Mac) Thorn4 berry National Defense Authorization Act for 

5 Fiscal Year 2021 (42 U.S.C. 6605); and 

6 ‘‘(B) shall be interpreted in accordance 

7 with the Guidance for Implementing National 

8 Security Presidential Memorandum 33 (NSPM– 

9 33) on National Security Strategy for United 

10 States Government-Supported Research and 

11 Development published by the Subcommittee on 

12 Research Security and the Joint Committee on 

13 the Research Environment in January 2022.’’. 

14 SEC. 4. INVESTMENT DISCLOSURE REPORT. 

15 The Higher Education Act of 1965 (20 U.S.C. 1001 

16 et seq.), as amended by section 3 of this Act, is further 

17 amended by inserting after section 117B the following: 

18 ‘‘SEC. 117C. INVESTMENT DISCLOSURE REPORT. 

19 ‘‘(a) INVESTMENT DISCLOSURE REPORT.—A speci20 fied institution shall file a disclosure report in accordance 

21 with subsection (b) with the Secretary on July 31 imme22 diately following any calendar year in which the specified 

23 institution purchases, sells, or holds (directly or indirectly 

24 through any chain of ownership) one or more investments 

25 of concern. 


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1 ‘‘(b) CONTENTS OF REPORT.—Each report to the 

2 Secretary required by subsection (a) with respect to any 

3 calendar year shall contain the following: 

4 ‘‘(1) A list of the investments of concern pur5 chased, sold, or held during such calendar year. 

6 ‘‘(2) The aggregate fair market value of all in7 vestments of concern held as of the close of such cal8 endar year. 

9 ‘‘(3) The combined value of all investments of 

10 concern sold over the course of such calendar year, 

11 as measured by the fair market value of such invest12 ments at the time of the sale. 

13 ‘‘(4) The combined value of all capital gains 

14 from such sales of investments of concern. 

15 ‘‘(c) INCLUSION OF CERTAIN POOLED FUNDS.— 

16 ‘‘(1) IN GENERAL.—An investment of concern 

17 acquired through a regulated investment company, 

18 exchange traded fund, or any other pooled invest19 ment shall be treated as acquired through a chain of 

20 ownership referred to in subsection (a), unless such 

21 pooled investment is certified by the Secretary as 

22 not holding any listed investments in accordance 

23 with subparagraph (B) of paragraph (2). 

24 ‘‘(2) CERTIFICATIONS OF POOLED FUNDS.— 

25 The Secretary, after consultation with the Secretary 


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1 of the Treasury, shall establish procedures under 

2 which certain regulated investment companies, ex3 change traded funds, and other pooled invest4 ments— 

5 ‘‘(A) shall be reported in accordance with 

6 the requirements under subsection (b); and 

7 ‘‘(B) may be certified by the Secretary as 

8 not holding any listed investments. 

9 ‘‘(d) TREATMENT OF RELATED ORGANIZATIONS.— 

10 For purposes of this section, assets held by any related 

11 organization (as defined in section 4968(d)(2) of the In12 ternal Revenue Code of 1986) with respect to a specified 

13 institution shall be treated as held by such specified insti14 tution, except that— 

15 ‘‘(1) such assets shall not be taken into account 

16 with respect to more than 1 specified institution; 

17 and 

18 ‘‘(2) unless such organization is controlled by 

19 such institution or is described in section 509(a)(3) 

20 of the Internal Revenue Code of 1986 with respect 

21 to such institution, assets which are not intended or 

22 available for the use or benefit of such specified in23 stitution shall not be taken into account. 


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1 ‘‘(e) VALUATION OF DEBT.—For purposes of this 

2 section, the fair market value of any debt shall be the prin3 cipal amount of such debt. 

4 ‘‘(f) REGULATIONS.—The Secretary, after consulta5 tion with the Secretary of the Treasury, may issue such 

6 regulations or other guidance as may be necessary or ap7 propriate to carry out the purposes of this section, includ8 ing regulations or other guidance providing for the proper 

9 application of this section with respect to certain regulated 

10 investment companies, exchange traded funds, and pooled 

11 investments. 

12 ‘‘(g) COMPLIANCE OFFICER.—Any specified institu13 tion that is required to submit a report under subsection 

14 (a) shall designate, before the submission of such report, 

15 and maintain a compliance officer, who shall— 

16 ‘‘(1) be a current employee or legally authorized 

17 agent of such institution; 

18 ‘‘(2) be responsible, on behalf of the institution, 

19 for personally certifying accurate compliance with 

20 the reporting requirements under this section; and 

21 ‘‘(3) certify the institution has, for purposes of 

22 filing such report under subsection (a), followed an 

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1 mine the accuracy and valuations of the assets re2 ported. 

3 ‘‘(h) DATABASE REQUIREMENT.— 

4 ‘‘(1) IN GENERAL.—Beginning not later than 

5 60 days before the July 31 immediately following 

6 the date of enactment of the DETERRENT Act, the 

7 Secretary shall establish and maintain a searchable 

8 database on a website of the Department, under 

9 which all reports submitted under this section— 

10 ‘‘(A) are made publicly available (in elec11 tronic and downloadable format), including any 

12 information provided in such reports; 

13 ‘‘(B) can be individually identified and 

14 compared; and 

15 ‘‘(C) are searchable and sortable. 

16 ‘‘(2) TIMELINE ON INCLUDING REPORTS.—Not 

17 later than 30 days after receipt of a disclosure re18 port under this section, the Secretary shall include 

19 such report in the database described in paragraph 

20 (1). 

21 ‘‘(i) DEFINITIONS.—In this section: 

22 ‘‘(1) INVESTMENT OF CONCERN.— 

23 ‘‘(A) IN GENERAL.—The term ‘investment 

24 of concern’ means any specified interest with 

25 respect to any of the following: 


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1 ‘‘(i) A foreign country of concern. 

2 ‘‘(ii) A foreign entity of concern. 

3 ‘‘(B) SPECIFIED INTEREST.—The term 

4 ‘specified interest’ means, with respect to any 

5 entity— 

6 ‘‘(i) stock or any other equity or prof7 its interest of such entity; 

8 ‘‘(ii) debt issued by such entity; and 

9 ‘‘(iii) any contract or derivative with 

10 respect to any property described in clause 

11 (i) or (ii). 

12 ‘‘(2) SPECIFIED INSTITUTION.— 

13 ‘‘(A) IN GENERAL.—The term ‘specified 

14 institution’, as determined with respect to any 

15 calendar year, means an institution if— 

16 ‘‘(i) such institution is not a public in17 stitution; and 

18 ‘‘(ii) the aggregate fair market value 

19 of— 

20 ‘‘(I) the assets held by such insti21 tution at the end of such calendar 

22 year (other than those assets which 

23 are used directly in carrying out the 

24 institution’s exempt purpose) is in ex25 cess of $6,000,000,000; or 


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1 ‘‘(II) the investments of concern 

2 held by such institution at the end of 

3 such calendar year is in excess of 

4 $250,000,000. 

5 ‘‘(B) REFERENCES TO CERTAIN TERMS.— 

6 For the purpose of applying the definition 

7 under subparagraph (A), the terms ‘aggregate 

8 fair market value’ and ‘assets which are used 

9 directly in carrying out the institution’s exempt 

10 purpose’ shall be applied in the same manner as 

11 such terms are applied for the purposes of sec12 tion 4968(b)(1)(D) of the Internal Revenue 

13 Code of 1986.’’. 

14 SEC. 5. ENFORCEMENT AND OTHER GENERAL PROVISIONS. 

15 (a) ENFORCEMENT AND OTHER GENERAL PROVI16 SIONS.—The Higher Education Act of 1965 (20 U.S.C. 

17 1001 et seq.), as amended by section 4 of this Act, is fur18 ther amended by inserting after section 117C the fol19 lowing: 

20 ‘‘SEC. 117D. ENFORCEMENT; SINGLE POINT-OF-CONTACT. 

21 ‘‘(a) ENFORCEMENT.— 

22 ‘‘(1) INVESTIGATION.—The Secretary (acting 

23 through the General Counsel of the Department) 

24 shall conduct investigations of possible violations of 

25 sections 117, 117A, 117B, and 117C by institutions. 


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1 ‘‘(2) CIVIL ACTION.—Whenever it appears that 

2 an institution has knowingly or willfully failed to 

3 comply with a requirement of any of the sections 

4 listed in paragraph (1) (including any rule or regula5 tion promulgated under any such section) based on 

6 such an investigation, a civil action shall be brought 

7 by the Attorney General, at the request of the Sec8 retary, in an appropriate district court of the United 

9 States, or the appropriate United States court of 

10 any territory or other place subject to the jurisdic11 tion of the United States, to request such court to 

12 compel compliance with the requirement of the sec13 tion that has been violated. 

14 ‘‘(3) COSTS AND OTHER FINES.—An institution 

15 that is compelled to comply with a requirement of a 

16 section listed in paragraph (1) pursuant to para17 graph (2) shall— 

18 ‘‘(A) pay to the Treasury of the United 

19 States the full costs to the United States of ob20 taining compliance with the requirement of such 

21 section, including all associated costs of inves22 tigation and enforcement; and 

23 ‘‘(B) be subject to the applicable fines de24 scribed in paragraph (4). 


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1 ‘‘(4) FINES FOR VIOLATIONS.—The Secretary 

2 shall impose a fine on an institution that knowingly 

3 or willfully fails to comply with a requirement of a 

4 section listed in paragraph (1) as follows: 

5 ‘‘(A) SECTION 117.— 

6 ‘‘(i) FIRST-TIME VIOLATIONS.—In the 

7 case of an institution that knowingly or 

8 willfully fails to comply with a requirement 

9 of section 117 with respect to a calendar 

10 year, and that has not previously know11 ingly or willfully failed to comply with such 

12 a requirement, the Secretary shall impose 

13 a fine on the institution for such violation 

14 as follows: 

15 ‘‘(I) In the case of an institution 

16 that knowingly or willfully fails to 

17 comply with a reporting requirement 

18 under subsection (a)(1) of section 

19 117, such fine shall be in an amount 

20 that is— 

21 ‘‘(aa) not less than $50,000 

22 but not more than the monetary 

23 value of the gift from, or contract 

24 with, the foreign source; or 


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1 ‘‘(bb) in the case of a gift or 

2 contract of no value or of inde3 terminable value, not less than 1 

4 percent, and not more than 10 

5 percent of the total amount of 

6 Federal funds received by the in7 stitution under this Act for the 

8 most recent fiscal year. 

9 ‘‘(II) In the case of an institution 

10 that knowingly or willfully fails to 

11 comply with the reporting requirement 

12 under subsection (a)(2) of section 

13 117, such fine shall be in an amount 

14 that is not less than 10 percent of the 

15 total amount of Federal funds re16 ceived by the institution under this 

17 Act for the most recent fiscal year. 

18 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

19 the case of an institution that has been 

20 fined pursuant to clause (i) with respect to 

21 a calendar year, and that knowingly or 

22 willfully fails to comply with a requirement 

23 of section 117 with respect to any addi24 tional calendar year, the Secretary shall 

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1 spect to any such additional calendar year 

2 as follows: 

3 ‘‘(I) In the case of an institution 

4 that knowingly or willfully fails to 

5 comply with a reporting requirement 

6 under subsection (a)(1) of section 117 

7 with respect to an additional calendar 

8 year, such fine shall be in an amount 

9 that is— 

10 ‘‘(aa) not less than 

11 $100,000 but not more than 

12 twice the monetary value of the 

13 gift from, or contract with, the 

14 foreign source; or 

15 ‘‘(bb) in the case of a gift or 

16 contract of no value or of inde17 terminable value, not less than 1 

18 percent, but not more than 10 

19 percent, of the total amount of 

20 Federal funds received by the in21 stitution under this Act for the 

22 most recent fiscal year. 

23 ‘‘(II) In the case of an institution 

24 that knowingly or willfully fails to 

25 comply with a reporting requirement 


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1 under subsection (a)(2) of section 117 

2 with respect to an additional calendar 

3 year, such fine shall be in an amount 

4 that is not less than 20 percent of the 

5 total amount of Federal funds re6 ceived by the institution under this 

7 Act for the most recent fiscal year. 

8 ‘‘(B) SECTION 117A.— 

9 ‘‘(i) FIRST-TIME VIOLATIONS.—In the 

10 case of an institution that knowingly or 

11 willfully fails to comply with a requirement 

12 of section 117A for the first time, the Sec13 retary shall impose a fine on the institu14 tion in an amount that is not less than 5 

15 percent, but not more than 10 percent, of 

16 the total amount of Federal funds received 

17 by the institution under this Act for the 

18 most recent fiscal year. 

19 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

20 the case of an institution that has been 

21 fined pursuant to clause (i), the Secretary 

22 shall impose a fine on the institution for 

23 each subsequent time the institution know24 ingly or willfully fails to comply with a re25 quirement of section 117A in an amount 


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1 that is not less than 20 percent of the total 

2 amount of Federal funds received by the 

3 institution under this Act for the most re4 cent fiscal year. 

5 ‘‘(C) SECTION 117B.— 

6 ‘‘(i) FIRST-TIME VIOLATIONS.—In the 

7 case of an institution that knowingly or 

8 willfully fails to comply with a requirement 

9 of section 117B with respect to a calendar 

10 year, and that has not previously know11 ingly or willfully failed to comply with such 

12 a requirement, the Secretary shall impose 

13 a fine on the institution of not less than 

14 $250,000, but not more than the total 

15 amount of gifts or contracts reported by 

16 such institution in the database required 

17 under section 117B(a)(2). 

18 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

19 the case of an institution that has been 

20 fined pursuant to clause (i) with respect to 

21 a calendar year, and that knowingly or 

22 willfully fails to comply with a requirement 

23 of section 117B with respect to any addi24 tional calendar year, the Secretary shall 

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1 spect to any such additional calendar year 

2 in an amount that is not less than 

3 $500,000, but not more than twice the 

4 total amount of gifts or contracts reported 

5 by such institution in the database re6 quired under section 117B(a)(2). 

7 ‘‘(D) SECTION 117C.— 

8 ‘‘(i) FIRST-TIME VIOLATIONS.—In the 

9 case of a specified institution that know10 ingly or willfully fails to comply with a re11 quirement of section 117C with respect to 

12 a calendar year, and that has not pre13 viously knowingly or willfully failed to com14 ply with such a requirement, the Secretary 

15 shall impose a fine on the institution in an 

16 amount that is not less than 50 percent 

17 and not more than 100 percent of the sum 

18 of— 

19 ‘‘(I) the aggregate fair market 

20 value of all investments of concern 

21 held by such institution as of the close 

22 of such calendar year; and 

23 ‘‘(II) the combined value of all 

24 investments of concern sold over the 

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1 ured by the fair market value of such 

2 investments at the time of the sale. 

3 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

4 the case of a specified institution that has 

5 been fined pursuant to clause (i) with re6 spect to a calendar year, and that know7 ingly or willfully fails to comply with a re8 quirement of section 117C with respect to 

9 any additional calendar year, the Secretary 

10 shall impose a fine on the institution with 

11 respect to any such additional calendar 

12 year in an amount that is not less than 

13 100 percent and not more than 200 per14 cent of the sum of— 

15 ‘‘(I) the aggregate fair market 

16 value of all investments of concern 

17 held by such institution as of the close 

18 of such additional calendar year; and 

19 ‘‘(II) the combined value of all 

20 investments of concern sold over the 

21 course of such additional calendar 

22 year, as measured by the fair market 

23 value of such investments at the time 

24 of the sale. 


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1 ‘‘(b) SINGLE POINT-OF-CONTACT AT THE DEPART2 MENT.—The Secretary shall maintain a single point-of3 contact at the Department to— 

4 ‘‘(1) receive and respond to inquiries and re5 quests for technical assistance from institutions re6 garding compliance with the requirements of sec7 tions 117, 117A, 117B, and 117C; 

8 ‘‘(2) coordinate and implement technical im9 provements to the database described in section 

10 117(d)(1), including— 

11 ‘‘(A) improving upload functionality by al12 lowing for batch reporting, including by allow13 ing institutions to upload one file with all re14 quired information into the database; 

15 ‘‘(B) publishing and maintaining a data16 base users guide annually, including informa17 tion on how to edit an entry and how to report 

18 errors; 

19 ‘‘(C) creating a standing user group (to 

20 which chapter 10 of title 5, United States Code, 

21 shall not apply) to discuss possible database im22 provements, which group shall— 

23 ‘‘(i) include at least— 

24 ‘‘(I) 3 members representing 

25 public institutions with high or very 


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1 high levels of research activity (as de2 fined by the National Center for Edu3 cation Statistics); 

4 ‘‘(II) 2 members representing 

5 private, nonprofit institutions with 

6 high or very high levels of research 

7 activity (as so defined); 

8 ‘‘(III) 2 members representing 

9 proprietary institutions of higher edu10 cation (as defined in section 102(b)); 

11 and 

12 ‘‘(IV) 2 members representing 

13 area career and technical education 

14 schools (as defined in subparagraph 

15 (C) or (D) of section 3(3) of the Carl 

16 D. Perkins Career and Technical 

17 Education Act of 2006); and 

18 ‘‘(ii) meet at least twice a year with 

19 officials from the Department to discuss 

20 possible database improvements; 

21 ‘‘(D) publishing, on a publicly available 

22 website, recommended database improvements 

23 following each meeting described in subpara24 graph (C)(ii); and 


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1 ‘‘(E) responding, on a publicly available 

2 website, to each recommendation published 

3 under subparagraph (D) as to whether or not 

4 the Department will implement the rec5 ommendation, including the rationale for either 

6 approving or rejecting the recommendation; 

7 ‘‘(3) provide, every 90 days after the date of en8 actment of the DETERRENT Act, status updates 

9 on any pending or completed investigations and civil 

10 actions under subsection (a)(1) to— 

11 ‘‘(A) the authorizing committees; and 

12 ‘‘(B) any institution that is the subject of 

13 such investigation or action; 

14 ‘‘(4) maintain, on a publicly accessible 

15 website— 

16 ‘‘(A) a full comprehensive list of all foreign 

17 countries of concern and foreign entities of con18 cern; and 

19 ‘‘(B) the date on which the last update was 

20 made to such list; and 

21 ‘‘(5) not later than 7 days after making an up22 date to the list maintained in paragraph (4)(A), no23 tify each institution required to comply with the sec24 tions listed in paragraph (1) of such update. 


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1 ‘‘(c) DEFINITIONS.—For purposes of sections 117, 

2 117A, 117B, 117C, and this section: 

3 ‘‘(1) FOREIGN COUNTRY OF CONCERN.—The 

4 term ‘foreign country of concern’ includes the fol5 lowing: 

6 ‘‘(A) A country that is a covered nation (as 

7 defined in section 4872(d) of title 10, United 

8 States Code). 

9 ‘‘(B) Any country that the Secretary, in 

10 consultation with the Secretary of Defense, the 

11 Secretary of State, and the Director of National 

12 Intelligence, determines to be engaged in con13 duct that is detrimental to the national security 

14 or foreign policy of the United States. 

15 ‘‘(2) FOREIGN ENTITY OF CONCERN.—The 

16 term ‘foreign entity of concern’ has the meaning 

17 given such term in section 10612(a) of the Research 

18 and Development, Competition, and Innovation Act 

19 (42 U.S.C. 19221(a)) and includes a foreign entity 

20 that is identified on the list published under section 

21 1286(c)(8)(A) of the John S. McCain National De22 fense Authorization Act for Fiscal Year 2019 (10 

23 U.S.C. 22 4001 note; Public Law 115–232). 

24 ‘‘(3) INSTITUTION.—The term ‘institution’ 

25 means an institution of higher education (as such 


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•S 3362 IS

1 term is defined in section 102, other than an institu2 tion described in subsection (a)(1)(c) of such sec3 tion).’’. 

4 (b) PROGRAM PARTICIPATION AGREEMENT.—Section 

5 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

6 1094) is amended by adding at the end the following: 

7 ‘‘(30)(A) An institution will comply with the re8 quirements of sections 117, 117A, 117B, and 117C. 

9 ‘‘(B) An institution that, for 3 consecutive in10 stitutional fiscal years, violates any requirement of 

11 any of the sections listed in subparagraph (A), 

12 shall— 

13 ‘‘(i) be ineligible to participate in the pro14 grams authorized by this title for a period of 

15 not less than 2 institutional fiscal years; and 

16 ‘‘(ii) in order to regain eligibility to partici17 pate in such programs, demonstrate compliance 

18 with all requirements of each such section for 

19 not less than 2 institutional fiscal years after 

20 the institutional fiscal year in which such insti21 tution became ineligible.’’. 

22 (c) GAO STUDY.—Not later than one year after the 

23 date of the enactment of this Act, the Comptroller General 

24 of the United States— 


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1 (1) shall conduct a study to identify ways to 

2 improve intergovernmental agency coordination re3 garding implementation and enforcement of sections 

4 117, 117A, 117B, and 117C of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1011f), as amended 

6 or added by this Act, including increasing informa7 tion sharing, increasing compliance rates, and estab8 lishing processes for enforcement; and 

9 (2) shall submit to the Congress, and make 

10 public, a report containing the results of such study. 

Æ 


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