I 

118TH CONGRESS 

1ST SESSION H. R. 5933 

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 HOUSE OF REPRESENTATIVES 

OCTOBER 11, 2023 

Mrs. STEEL (for herself, Ms. FOXX, Mr. OWENS, Mr. WILSON of South Carolina, Mr. THOMPSON of Pennsylvania, Mr. GROTHMAN, Ms. STEFANIK, 

Mr. SMUCKER, Mrs. MCCLAIN, Ms. LETLOW, Mr. WILLIAMS of New 

York, Mrs. HOUCHIN, Mr. ESTES, and Mr. WALBERG) introduced the following bill 

OCTOBER 25, 2023 

Referred to the Committee on Education and the Workforce 

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 1 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) by a foreign source, the institution shall 

15 file a disclosure report in accordance with subsection 

16 (b)(2) with the Secretary on July 1 of each year. 

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

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

19 with, an affiliated entity of an institution shall be 

20 considered a gift to or contract with, respectively, 

21 such institution. 

22 ‘‘(b) CONTENTS OF REPORT.— 

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

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

25 contain the following: 


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

2 or a contract entered into with, any foreign 

3 source— 

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

5 including— 

6 ‘‘(I) the name of the individual, 

7 department, or benefactor at the insti8 tution receiving the gift or carrying 

9 out the contract; 

10 ‘‘(II) the intended purpose of 

11 such gift or contract, as provided to 

12 the institution by such foreign govern13 ment, or if no such purpose is pro14 vided by such government, the in15 tended use of such gift or contract, as 

16 provided by the institution; and 

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

18 or conditional gift or contract, a de19 scription of the restrictions or condi20 tions of such gift or contract; 

21 ‘‘(ii) with respect to a gift— 

22 ‘‘(I) the total fair market dollar 

23 amount or value of the gift, as of the 

24 date of submission of such report; and 


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1 ‘‘(II) the date on which the insti2 tution received such gift; 

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

4 ‘‘(I) the date on which such con5 tract commences; 

6 ‘‘(II) as applicable, the date on 

7 which such contract terminates; and 

8 ‘‘(III) an assurance that the in9 stitution will— 

10 ‘‘(aa) maintain an 

11 unredacted copy of the contract 

12 until the latest of— 

13 ‘‘(AA) the date that is 

14 4 years after the date on 

15 which the contract com16 mences; 

17 ‘‘(BB) the date on 

18 which the contract termi19 nates; or 

20 ‘‘(CC) the last day of 

21 any period that applicable 

22 State law requires a copy of 

23 such contract to be main24 tained; and 


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1 ‘‘(bb) upon request of the 

2 Secretary during an investigation 

3 under subsection (f)(1), produce 

4 such a copy of the contract; and 

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

6 which information is required to be dis7 closed under this section with respect to a 

8 gift or contract that is not in English, such 

9 information is translated into English in 

10 compliance with the requirements of sub11 section (c)(1). 

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

13 or a contract entered into with, a foreign source 

14 that is a foreign government (other than the 

15 government of a foreign country of concern)— 

16 ‘‘(i) the name of such foreign govern17 ment; 

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

19 or division of such foreign government that 

20 approved such gift or contract, as applica21 ble; and 

22 ‘‘(iii) the physical mailing address of 

23 such department, agency, office, or divi24 sion. 


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

2 or contract entered into with, a foreign source 

3 (other than a foreign government subject to the 

4 requirements of subparagraph (B))— 

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

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

7 statement certified by the compliance offi8 cer in accordance with subsection (f)(2) 

9 that the institution has reasonably at10 tempted to obtain such name; 

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

12 that is a natural person, the country of 

13 citizenship of such person, or, if such coun14 try is not known, the principal country of 

15 residence of such person; 

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

17 that is a legal entity, the country in which 

18 such entity is incorporated, or if such in19 formation is not available, the principal 

20 place of business of such entity; and 

21 ‘‘(iv) the physical mailing address of 

22 such foreign source, or if such address is 

23 not available, a statement certified by the 

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1 section (f)(2) that the institution has rea2 sonably attempted to obtain such address. 

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

4 into with a foreign source that is a foreign 

5 country of concern or a foreign entity of con6 cern— 

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

8 the original contract, and if such original 

9 contract is not in English, a translated 

10 copy of the text into English; 

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

12 under section 117A for such contract; and 

13 ‘‘(iii) the statement submitted by the 

14 institution for purposes of receiving such a 

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

16 ‘‘(2) FOREIGN SOURCE OWNERSHIP OR CON17 TROL.—Each report to the Secretary required under 

18 subsection (a)(2) shall contain— 

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

20 foreign source that owns or controls the institu21 tion; 

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

23 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 1 immediately fol13 lowing 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— 

6 ‘‘(I) by the date the institution 

7 filed such report; 

8 ‘‘(II) by the date on which the in9 stitution received the gift, or entered 

10 into the contract, which is the subject 

11 of the report; and 

12 ‘‘(III) by the attributable country 

13 of such gift or contract; 

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

15 of a disclosure report under this section, include 

16 such report in such database; 

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

18 of a report included in such database, whether 

19 the report is with respect to a gift received 

20 from, or a contract entered into with— 

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

22 government; or 

23 ‘‘(ii) a foreign source that is not a for24 eign government; and 


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

2 that does not include the name or address of a 

3 foreign source, indicate, as part of the public 

4 record of such report included in such database, 

5 that such report did not include such informa6 tion. 

7 ‘‘(2) NAME AND ADDRESS OF FOREIGN

8 SOURCE.—The Secretary shall not disclose the name 

9 or address of a foreign source (other than the attrib10 utable country of such foreign source) included in a 

11 disclosure report— 

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

13 disclosure report described in paragraph (1); or 

14 ‘‘(B) in response to a request under sec15 tion 552 of title 5, United States Code (com16 monly known as the ‘Freedom of Information 

17 Act’), pursuant to subsection (b)(3) of such sec18 tion. 

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

20 later than 30 days after receiving a disclosure report from 

21 an institution in compliance with this section, the Sec22 retary shall transmit an unredacted copy of such report 

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

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

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1 ligence, the Assistant Attorney General for National Secu2 rity, the Director of the Central Intelligence Agency, and 

3 the Director of the National Science Foundation. 

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

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

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

7 and maintain a compliance officer, who shall— 

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

9 agent of such institution; and 

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

11 for personally certifying accurate compliance with 

12 the foreign gift reporting requirement under this 

13 section. 

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

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

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

17 means an entity or organization that operates pri18 marily for the benefit of, or under the auspices of, 

19 such institution, including a foundation of the insti20 tution or a related entity (such as any educational, 

21 cultural, or language entity). 

22 ‘‘(2) ATTRIBUTABLE COUNTRY.—The term ‘at23 tributable country’ means— 


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1 ‘‘(A) the country of citizenship or principal 

2 residence (as applicable) of a foreign source 

3 who is a natural person; or 

4 ‘‘(B) the country of incorporation, or prin5 cipal place of business (as applicable) of a for6 eign source that is a legal entity. 

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

8 ‘‘(A) means— 

9 ‘‘(i) any agreement for the acquisition 

10 by purchase, lease, or barter of property or 

11 services by the foreign source, for the di12 rect benefit or use of either of the parties; 

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

14 similar transaction with a foreign source 

15 that is based on the use or exchange of an 

16 institution’s name, likeness, time, services, 

17 or resources; and 

18 ‘‘(iii) any agreement for the acquisi19 tion by purchase, lease, or barter, of prop20 erty or services from a foreign source 

21 (other than an arms-length agreement for 

22 such acquisition from a foreign source that 

23 is not a foreign country of concern or a 

24 foreign entity of concern); and 


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

2 between an institution and a foreign source re3 garding any payment of one or more elements 

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

5 is defined in section 472), unless such an agree6 ment is made for more than 15 students or is 

7 made under a restricted or conditional contract. 

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

9 source’ means— 

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

11 agency of a foreign government; 

12 ‘‘(B) a legal entity, governmental or other13 wise, created under the laws of a foreign state 

14 or states; 

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

16 or a national of the United States or a trust 

17 territory or protectorate thereof; and 

18 ‘‘(D) an agent, including— 

19 ‘‘(i) a subsidiary or affiliate of a for20 eign legal entity, acting on behalf of a for21 eign source; and 

22 ‘‘(ii) an entity or organization that op23 erates primarily for the benefit of, or 

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1 tity (such as any educational, cultural, or 

2 language entity). 

3 ‘‘(5) GIFT.—The term ‘gift’— 

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

5 resources, staff, or services; and 

6 ‘‘(B) does not include— 

7 ‘‘(i) any payment of one or more ele8 ments of a student’s cost of attendance (as 

9 such term is defined in section 472) to an 

10 institution by, or scholarship from, a for11 eign source who is a natural person, acting 

12 in their individual capacity and not as an 

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

14 on behalf of, any person or entity (except 

15 the student), made for not more than 15 

16 students, and that is not made under a re17 stricted or conditional contract with such 

18 foreign source; 

19 ‘‘(ii) assignment or license of reg20 istered industrial and intellectual property 

21 rights, such as patents, utility models, 

22 trademarks, or copyrights, or technical as23 sistance, that are not identified as being 

24 associated with a national security risk or 

25 concern by the Federal Research Security 


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1 Council as described under section 7902 of 

2 title 31, United States Code; or 

3 ‘‘(iii) decorations (as such term is de4 fined in section 7342(a) of title 5, United 

5 States Code). 

6 ‘‘(6) RESTRICTED OR CONDITIONAL GIFT OR

7 CONTRACT.—The term ‘restricted or conditional gift 

8 or contract’ means any endowment, gift, grant, con9 tract, award, present, or property of any kind which 

10 includes provisions regarding— 

11 ‘‘(A) the employment, assignment, or ter12 mination of faculty; 

13 ‘‘(B) the establishment of departments, 

14 centers, institutes, instructional programs, re15 search or lecture programs, or new faculty posi16 tions; 

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

18 of students; 

19 ‘‘(D) the award of grants, loans, scholar20 ships, fellowships, or other forms of financial 

21 aid restricted to students of a specified country, 

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

23 or 

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

25 gift or contract.’’. 


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1 (b) PROHIBITION ON CONTRACTS WITH CERTAIN

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

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

4 et seq.) is amended by inserting after section 117 the fol5 lowing: 

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

7 FOREIGN ENTITIES AND COUNTRIES. 

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

9 into a contract with a foreign country of concern or a for10 eign entity of concern. 

11 ‘‘(b) WAIVERS.— 

12 ‘‘(1) SUBMISSION.— 

13 ‘‘(A) FIRST WAIVER REQUESTS.— 

14 ‘‘(i) IN GENERAL.—An institution 

15 that desires to enter into a contract with 

16 a foreign entity of concern or a foreign 

17 country of concern may submit to the Sec18 retary, not later than 60 days before the 

19 institution enters into such a contract, a 

20 request to waive the prohibition under sub21 section (a) with respect to such contract. 

22 ‘‘(ii) CONTENTS OF WAIVER RE23 QUEST.—A waiver request submitted by an 

24 institution under clause (i) shall include— 


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1 ‘‘(I) the complete and unredacted 

2 text of the proposed contract for 

3 which the waiver is being requested, 

4 and if such original contract is not in 

5 English, a translated copy of the text 

6 into English (in a manner that com7 plies with section 117(c)); and 

8 ‘‘(II) a statement that— 

9 ‘‘(aa) is signed by the point 

10 of contact of the institution de11 scribed in section 117(h); and 

12 ‘‘(bb) includes information 

13 that demonstrates that such con14 tract is for the benefit of the in15 stitution’s mission and students 

16 and will promote the security, 

17 stability, and economic vitality of 

18 the United States. 

19 ‘‘(B) RENEWAL WAIVER REQUESTS.— 

20 ‘‘(i) IN GENERAL.—An institution 

21 that has entered into a contract pursuant 

22 to a waiver issued under this section, the 

23 term of which is longer than the 1-year 

24 waiver period and the terms and conditions 

25 of which remain the same as the proposed 


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1 contract submitted as part of the request 

2 for such waiver may submit, not later than 

3 60 days before the expiration of such waiv4 er period, a request for a renewal of such 

5 waiver for an additional 1-year period 

6 (which shall include any information re7 quested by the Secretary). 

8 ‘‘(ii) TERMINATION.—If the institu9 tion fails to submit a request under clause 

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

11 clause, such institution shall terminate 

12 such contract on the last day of the origi13 nal 1-year waiver period. 

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

15 ‘‘(A) not later than 60 days after receiving 

16 a request for a waiver or renewal of a waiver 

17 under this section from an institution, shall no18 tify the institution— 

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

20 issued by the Secretary; and 

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

22 renewal will be issued, the date on which 

23 the 1-year waiver period starts; and 

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

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1 mines, in consultation with the Director of the 

2 Federal Bureau of Investigation, the Director 

3 of National Intelligence, the Assistant Attorney 

4 General for National Security, the Director of 

5 the Central Intelligence Agency, and the Direc6 tor of the National Science Foundation, that 

7 the contract for which the waiver is being re8 quested is for the benefit of the institution’s 

9 mission and students and will promote the secu10 rity, stability, and economic vitality of the 

11 United States. 

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

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

14 Secretary shall notify the— 

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

16 Workforce of the House of Representatives; and 

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

18 Labor, and Pensions of the Senate, 

19 of the intent to issue the waiver, including a jus20 tification for the waiver. 

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

22 issued under this section to an institution with re23 spect to a contract shall only— 

24 ‘‘(A) waive the prohibition under sub25 section (a) for a 1-year period; and 


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

2 the proposed contract submitted as part of the 

3 request for such waiver. 

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

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

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

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

8 of such contract, is designated as a foreign country of con9 cern or foreign entity of concern, such institution shall ter10 minate such contract not later than 60 days after the Sec11 retary notifies the institution of such designation. 

12 ‘‘(d) CONTRACT DEFINED.—The term ‘contract’ has 

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

14 (c) INTERAGENCY INFORMATION SHARING.—Not 

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

16 Act, the Secretary of Education shall transmit to the Di17 rector of the Federal Bureau of Investigation, the Director 

18 of National Intelligence, the Assistant Attorney General 

19 for National Security, the Director of the Central Intel20 ligence Agency, and the Director of the National Science 

21 Foundation— 

22 (1) any report received by the Department of 

23 Education under section 117 of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1011f) prior to the 

25 date of the enactment of this Act; and 


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1 (2) any report, document, or other record gen2 erated by the Department of Education in the 

3 course of an investigation— 

4 (A) of an institution with respect to the 

5 compliance of such institution with such sec6 tion; and 

7 (B) initiated prior to the date of the enact8 ment of this Act. 

9 SEC. 3. POLICY REGARDING CONFLICTS OF INTEREST 

10 FROM FOREIGN GIFTS AND CONTRACTS. 

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

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

13 amended by inserting after section 117A the following: 

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

15 GIFTS AND CONTRACTS TO FACULTY AND 

16 STAFF. 

17 ‘‘(a) REQUIREMENT TO MAINTAIN POLICY AND

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

19 date of the enactment of the DETERRENT Act, each in20 stitution described in subsection (b) shall maintain— 

21 ‘‘(1) a policy requiring faculty, professional 

22 staff, and other staff engaged in research and devel23 opment (as determined by the institution and meas24 ured by the Higher Education Research and Devel25 opment Survey of the National Center for Science 


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1 and Engineering Statistics) employed at the institu2 tion to disclose in a report to such institution on 

3 July 1 of each calendar year that begins after the 

4 year in which such enactment date occurs— 

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

6 source in the previous calendar year, the value 

7 of which is greater than the minimal value (as 

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

9 5, United States Code) or is of undetermined 

10 value, and including the date on which the gift 

11 was received; 

12 ‘‘(B) any contract entered into with a for13 eign source in the previous calendar year, the 

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

15 alone or in combination with all other contracts 

16 with that foreign source within the calendar 

17 year, and including the date on which such con18 tract commences and, as applicable, the date on 

19 which such contract terminates; 

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

21 force during the previous calendar year that has 

22 an undetermined monetary value, and including 

23 the date on which such contract commences 

24 and, as applicable, the date on which such con25 tract terminates; and 


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1 ‘‘(D) any contract entered into with a for2 eign country of concern or foreign entity of con3 cern in the previous calendar year, the value of 

4 which is $0 or more, and including the begin5 ning and ending dates of such contract and the 

6 full text of such contract and any addenda; 

7 ‘‘(2) a publicly available and searchable data8 base (in electronic and downloadable format), on a 

9 website of the institution, of the information re10 quired to be disclosed under paragraph (1), sortable 

11 and searchable by the date received (if a gift) or the 

12 date commenced (if a contract), the attributable 

13 country with respect to which information is being 

14 disclosed, and name of the individual making the 

15 disclosure, and until the latest of— 

16 ‘‘(A) the date that is 4 years after the date 

17 on which— 

18 ‘‘(i) a gift referred to in paragraph 

19 (1)(A) is received; or 

20 ‘‘(ii) a contract referred to in sub21 paragraph (B), (C) or (D) of paragraph 

22 (1) begins; or 

23 ‘‘(B) the date on which a contract referred 

24 to in subparagraph (B), (C) or (D) of para25 graph (1) terminates; and 


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

2 potential information gathering by foreign sources 

3 through espionage targeting faculty, professional 

4 staff, and other staff engaged in research and devel5 opment (as determined by the institution and meas6 ured by the Higher Education Research and Devel7 opment Survey of the National Center for Science 

8 and Engineering Statistics) that may arise from 

9 gifts received from, or contracts entered into with, a 

10 foreign source, including through the use of— 

11 ‘‘(A) periodic communications; 

12 ‘‘(B) accurate reporting under paragraph 

13 (2) of the information required to be disclosed 

14 under paragraph (1); and 

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

16 paragraph (1). 

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

18 to the requirements of this section if such institution— 

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

20 of any program authorized under title IV; and 

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

22 Federal funds in any of the previous five calendar 

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

24 development (as determined by the institution and 

25 measured by the Higher Education Research and 


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1 Development Survey of the National Center for 

2 Science and Engineering Statistics); or 

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

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

5 ‘‘(1) the terms ‘foreign source’ and ‘gift’ have 

6 the meanings given such terms in section 117(g); 

7 ‘‘(2) the term ‘contract’— 

8 ‘‘(A) means any— 

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

10 purchase, lease, or barter, of property or 

11 services by a foreign source for the direct 

12 benefit or use of any of the parties to the 

13 agreement; 

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

15 transaction with a foreign source based on 

16 the use or exchange of the name, likeness, 

17 time, services, or resources of faculty, pro18 fessional staff, or other staff engaged in 

19 research and development (as determined 

20 by the institution and measured by the 

21 Higher Education Research and Develop22 ment Survey of the National Center for 

23 Science and Engineering Statistics) em24 ployed at an institution described in sub25 section (b); or 


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

2 property or services from a foreign source 

3 that is a foreign country of concern or a 

4 foreign entity of concern; and 

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

6 arms-length agreement made by faculty, profes7 sional staff, and other staff engaged in research 

8 and development (as determined by the institu9 tion and measured by the Higher Education 

10 Research and Development Survey of the Na11 tional Center for Science and Engineering Sta12 tistics) for the acquisition, by purchase, lease, 

13 or barter of property or services from a foreign 

14 source other than such a foreign source that is 

15 a foreign country of concern or a foreign entity 

16 of concern; and 

17 ‘‘(3) the term ‘professional staff’ means profes18 sional employees, as defined in section 3 of the Fair 

19 Labor Standards Act of 1938 (29 U.S.C. 203).’’. 

20 SEC. 4. INVESTMENT DISCLOSURE REPORT. 

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

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

23 amended by inserting after section 117B the following: 


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

2 ‘‘(a) INVESTMENT DISCLOSURE REPORT.—A speci3 fied institution shall file a disclosure report in accordance 

4 with subsection (b) with the Secretary on July 1 imme5 diately following any calendar year in which the specified 

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

7 through any chain of ownership) one or more investments 

8 of concern. 

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

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

11 calendar year shall contain the following: 

12 ‘‘(1) A list of the investments of concern pur13 chased, sold, or held during such calendar year. 

14 ‘‘(2) The aggregate fair market value of all in15 vestments of concern held as of the close of such cal16 endar year. 

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

18 concern sold over the course of such calendar year, 

19 as measured by the fair market value of such invest20 ments at the time of the sale. 

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

22 from such sales of investments of concern. 

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

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

25 acquired through a regulated investment company, 

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1 ment shall be treated as acquired through a chain of 

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

3 pooled investment is certified by the Secretary as 

4 not holding any listed investments in accordance 

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

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

7 The Secretary, after consultation with the Secretary 

8 of the Treasury, shall establish procedures under 

9 which certain regulated investment companies, ex10 change traded funds, and other pooled invest11 ments— 

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

13 the requirements under subsection (b); and 

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

15 not holding any listed investments. 

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

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

18 organization (as defined in section 4968(d)(2) of the In19 ternal Revenue Code of 1986) with respect to a specified 

20 institution shall be treated as held by such specified insti21 tution, except that— 

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

23 with respect to more than 1 specified institution; 

24 and 


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

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

3 of the Internal Revenue Code of 1986 with respect 

4 to such institution, assets which are not intended or 

5 available for the use or benefit of such specified in6 stitution shall not be taken into account. 

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

8 section, the fair market value of any debt shall be the prin9 cipal amount of such debt. 

10 ‘‘(f) REGULATIONS.—The Secretary, after consulta11 tion with the Secretary of the Treasury, may issue such 

12 regulations or other guidance as may be necessary or ap13 propriate to carry out the purposes of this section, includ14 ing regulations or other guidance providing for the proper 

15 application of this section with respect to certain regulated 

16 investment companies, exchange traded funds, and pooled 

17 investments. 

18 ‘‘(g) COMPLIANCE OFFICER.—Any specified institu19 tion that is required to submit a report under subsection 

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

21 and maintain a compliance officer, who shall— 

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

23 agent of such institution; 


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

2 for personally certifying accurate compliance with 

3 the reporting requirements under this section; and 

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

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

6 established institutional policy and conducted good 

7 faith efforts and reasonable due diligence to deter8 mine the accuracy and valuations of the assets re9 ported. 

10 ‘‘(h) DATABASE.—Not later than 30 days after re11 ceipt of a disclosure report under this section, the Sec12 retary shall include such report in the database established 

13 under section 117(d)(1)(A). 

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

15 ‘‘(1) INVESTMENT OF CONCERN.— 

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

17 of concern’ means any specified interest with 

18 respect to any of the following: 

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

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

21 ‘‘(B) SPECIFIED INTEREST.—The term 

22 ‘specified interest’ means, with respect to any 

23 entity— 

24 ‘‘(i) stock or any other equity or prof25 its interest of such entity; 


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

2 ‘‘(iii) any contract or derivative with 

3 respect to any property described in clause 

4 (i) or (ii). 

5 ‘‘(2) SPECIFIED INSTITUTION.— 

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

7 institution’, as determined with respect to any 

8 calendar year, means an institution if— 

9 ‘‘(i) such institution is not a public in10 stitution; and 

11 ‘‘(ii) the aggregate fair market value 

12 of— 

13 ‘‘(I) the assets held by such insti14 tution at the end of such calendar 

15 year (other than those assets which 

16 are used directly in carrying out the 

17 institution’s exempt purpose) is in ex18 cess of $6,000,000,000; or 

19 ‘‘(II) the investments of concern 

20 held by such institution at the end of 

21 such calendar year is in excess of 

22 $250,000,000. 

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

24 For the purpose of applying the definition 

25 under subparagraph (A), the terms ‘aggregate 


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1 fair market value’ and ‘assets which are used 

2 directly in carrying out the institution’s exempt 

3 purpose’ shall be applied in the same manner as 

4 such terms are applied for the purposes of sec5 tion 4968(b)(1)(D) of the Internal Revenue 

6 Code of 1986.’’. 

7 SEC. 5. ENFORCEMENT AND OTHER GENERAL PROVISIONS. 

8 (a) ENFORCEMENT AND OTHER GENERAL PROVI9 SIONS.—The Higher Education Act of 1965 (20 U.S.C. 

10 1001 et seq.), as amended by section 4 of this Act, is fur11 ther amended by inserting after section 117C the fol12 lowing: 

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

14 ‘‘(a) ENFORCEMENT.— 

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

16 through the General Counsel of the Department) 

17 may conduct investigations of possible violations of 

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

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

20 an institution has knowingly or willfully failed to 

21 comply with a requirement of any of the sections 

22 listed in paragraph (1) (including any rule or regula23 tion promulgated under any such section) based on 

24 such an investigation, a civil action may be brought 

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1 retary, in an appropriate district court of the United 

2 States, or the appropriate United States court of 

3 any territory or other place subject to the jurisdic4 tion of the United States, to request such court to 

5 compel compliance with the requirement of the sec6 tion that has been violated. 

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

8 that is compelled to comply with a requirement of a 

9 section listed in paragraph (1) pursuant to para10 graph (2) shall— 

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

12 States the full costs to the United States of ob13 taining compliance with the requirement of such 

14 section, including all associated costs of inves15 tigation and enforcement; and 

16 ‘‘(B) be subject to the applicable fines de17 scribed in paragraph (4). 

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

19 shall impose a fine on an institution that knowingly 

20 or willfully fails to comply with a requirement of a 

21 section listed in paragraph (1) as follows: 

22 ‘‘(A) SECTION 117.— 

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

24 case of an institution that knowingly or 

25 willfully fails to comply with a requirement 


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1 of section 117 with respect to a calendar 

2 year, and that has not previously know3 ingly or willfully failed to comply with such 

4 a requirement, the Secretary shall impose 

5 a fine on the institution for such violation 

6 as follows: 

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

8 that knowingly or willfully fails to 

9 comply with a reporting requirement 

10 under subsection (a)(1) of section 

11 117, such fine shall be in an amount 

12 that is— 

13 ‘‘(aa) not less than $50,000 

14 but not more than the monetary 

15 value of the gift from, or contract 

16 with, the foreign source; or 

17 ‘‘(bb) in the case of a gift or 

18 contract of no value or of inde19 terminable value, not less than 1 

20 percent, and not more than 10 

21 percent of the total amount of 

22 Federal funds received by the in23 stitution under this Act for the 

24 most recent fiscal year. 


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

2 that knowingly or willfully fails to 

3 comply with the reporting requirement 

4 under subsection (a)(2) of section 

5 117, such fine shall be in an amount 

6 that is not less than 10 percent of the 

7 total amount of Federal funds re8 ceived by the institution under this 

9 Act for the most recent fiscal year. 

10 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

11 the case of an institution that has been 

12 fined pursuant to clause (i) with respect to 

13 a calendar year, and that knowingly or 

14 willfully fails to comply with a requirement 

15 of section 117 with respect to any addi16 tional calendar year, the Secretary shall 

17 impose a fine on the institution with re18 spect to any such additional calendar year 

19 as follows: 

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

21 that knowingly or willfully fails to 

22 comply with a reporting requirement 

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

24 with respect to an additional calendar 


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•HR 5933 IH

1 year, such fine shall be in an amount 

2 that is— 

3 ‘‘(aa) not less than 

4 $100,000 but not more than 

5 twice the monetary value of the 

6 gift from, or contract with, the 

7 foreign source; or 

8 ‘‘(bb) in the case of a gift or 

9 contract of no value or of inde10 terminable value, not less than 1 

11 percent, but not more than 10 

12 percent, of the total amount of 

13 Federal funds received by the in14 stitution under this Act for the 

15 most recent fiscal year. 

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

17 that knowingly or willfully fails to 

18 comply with a reporting requirement 

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

20 with respect to an additional calendar 

21 year, such fine shall be in an amount 

22 that is not less than 20 percent of the 

23 total amount of Federal funds re24 ceived by the institution under this 

25 Act for the most recent fiscal year. 


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1 ‘‘(B) SECTION 117A.— 

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

3 case of an institution that knowingly or 

4 willfully fails to comply with a requirement 

5 of section 117A for the first time, the Sec6 retary shall impose a fine on the institu7 tion in an amount that is not less than 5 

8 percent, but not more than 10 percent, of 

9 the total amount of Federal funds received 

10 by the institution under this Act for the 

11 most recent fiscal year. 

12 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

13 the case of an institution that has been 

14 fined pursuant to clause (i), the Secretary 

15 shall impose a fine on the institution for 

16 each subsequent time the institution know17 ingly or willfully fails to comply with a re18 quirement of section 117A in an amount 

19 that is not less than 20 percent of the total 

20 amount of Federal funds received by the 

21 institution under this Act for the most re22 cent fiscal year. 

23 ‘‘(C) SECTION 117B.— 

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

25 case of an institution that knowingly or 


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•HR 5933 IH

1 willfully fails to comply with a requirement 

2 of section 117B with respect to a calendar 

3 year, and that has not previously know4 ingly or willfully failed to comply with such 

5 a requirement, the Secretary shall impose 

6 a fine on the institution of not less than 

7 $250,000, but not more than the total 

8 amount of gifts or contracts reported by 

9 such institution in the database required 

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

11 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

12 the case of an institution that has been 

13 fined pursuant to clause (i) with respect to 

14 a calendar year, and that knowingly or 

15 willfully fails to comply with a requirement 

16 of section 117B with respect to any addi17 tional calendar year, the Secretary shall 

18 impose a fine on the institution with re19 spect to any such additional calendar year 

20 in an amount that is not less than 

21 $500,000, but not more than twice the 

22 total amount of gifts or contracts reported 

23 by such institution in the database re24 quired under section 117B(a)(2). 

25 ‘‘(D) SECTION 117C.— 


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

2 case of a specified institution that know3 ingly or willfully fails to comply with a re4 quirement of section 117C with respect to 

5 a calendar year, and that has not pre6 viously knowingly or willfully failed to com7 ply with such a requirement, the Secretary 

8 shall impose a fine on the institution in an 

9 amount that is not less than 50 percent 

10 and not more than 100 percent of the sum 

11 of— 

12 ‘‘(I) the aggregate fair market 

13 value of all investments of concern 

14 held by such institution as of the close 

15 of such calendar year; and 

16 ‘‘(II) the combined value of all 

17 investments of concern sold over the 

18 course of such calendar year, as meas19 ured by the fair market value of such 

20 investments at the time of the sale. 

21 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

22 the case of a specified institution that has 

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1 quirement of section 117C with respect to 

2 any additional calendar year, the Secretary 

3 shall impose a fine on the institution with 

4 respect to any such additional calendar 

5 year in an amount that is not less than 

6 100 percent and not more than 200 per7 cent of the sum of— 

8 ‘‘(I) the aggregate fair market 

9 value of all investments of concern 

10 held by such institution as of the close 

11 of such additional calendar year; and 

12 ‘‘(II) the combined value of all 

13 investments of concern sold over the 

14 course of such additional calendar 

15 year, as measured by the fair market 

16 value of such investments at the time 

17 of the sale. 

18 ‘‘(b) SINGLE POINT-OF-CONTACT AT THE DEPART19 MENT.—The Secretary shall maintain a single point-of20 contact at the Department to— 

21 ‘‘(1) receive and respond to inquiries and re22 quests for technical assistance from institutions re23 garding compliance with the requirements of sec24 tions 117, 117A, 117B, and 117C; 


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1 ‘‘(2) coordinate and implement technical im2 provements to the database described in section 

3 117(d)(1), including— 

4 ‘‘(A) improving upload functionality by al5 lowing for batch reporting; 

6 ‘‘(B) publishing and maintaining a data7 base users guide annually, including areas such 

8 as how to edit an entry and how to report er9 rors; and 

10 ‘‘(C) creating a user group (to which chap11 ter 10 of title 5, United States Code, shall not 

12 apply) to discuss possible database improve13 ments; 

14 ‘‘(3) provide, every 90 days after the date of en15 actment of the DETERRENT Act, status updates 

16 on any pending or completed investigations and civil 

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

18 ‘‘(A) the authorizing committees; and 

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

20 such investigation or action; 

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

22 website— 

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

24 countries of concern and foreign entities of con25 cern; and 


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

2 made to such list; and 

3 ‘‘(5) not later than 7 days after making an up4 date to the list maintained in paragraph (4)(A), no5 tify each institution required to comply with the sec6 tions listed in paragraph (1) of such update. 

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

8 117A, 117B, 117C, and this section: 

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

10 term ‘foreign country of concern’ includes the fol11 lowing: 

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

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

14 States Code). 

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

16 consultation with the Secretary of Defense, the 

17 Secretary of State, and the Director of National 

18 Intelligence, determines to be engaged in con19 duct that is detrimental to the national security 

20 or foreign policy of the United States. 

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

22 term ‘foreign entity of concern’ has the meaning 

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

24 and Development, Competition, and Innovation Act 

25 (42 U.S.C. 19221(a)) and includes a foreign entity 


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1 that is identified on the list published under section 

2 1286(c)(8)(A) of the John S. McCain National De3 fense Authorization Act for Fiscal Year 2019 (10 

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

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

6 means an institution of higher education (as such 

7 term is defined in section 102, other than an institu8 tion described in subsection (a)(1)(c) of such sec9 tion).’’. 

10 (b) PROGRAM PARTICIPATION AGREEMENT.—Section 

11 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

12 1094) is amended by adding at the end the following: 

13 ‘‘(30)(A) An institution will comply with the re14 quirements of sections 117, 117A, 117B, and 117C. 

15 ‘‘(B) An institution that, for 3 consecutive in16 stitutional fiscal years, violates any requirement of 

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

18 shall— 

19 ‘‘(i) be ineligible to participate in the pro20 grams authorized by this title for a period of 

21 not less than 2 institutional fiscal years; and 

22 ‘‘(ii) in order to regain eligibility to partici23 pate in such programs, demonstrate compliance 

24 with all requirements of each such section for 

25 not less than 2 institutional fiscal years after 


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1 the institutional fiscal year in which such insti2 tution became ineligible.’’. 

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

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

5 of the United States— 

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

7 improve intergovernmental agency coordination re8 garding implementation and enforcement of sections 

9 117, 117A, 117B, and 117C of the Higher Edu10 cation Act of 1965 (20 U.S.C. 1011f), as amended 

11 or added by this Act, including increasing informa12 tion sharing and establishing processes for enforce13 ment; and 

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

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

Æ 


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