IB 

Union Calendar No. 223 

118TH CONGRESS 

1ST SESSION H. R. 5933 

[Report No. 118–278] 

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 

NOVEMBER 24, 2023 

Additional sponsors: Mrs. MILLER of Illinois, Mr. BEAN of Florida, Mr. 

WEBER of Texas, Mr. JAMES, Mr. BURLISON, Mr. ALLEN, Mr. NORMAN, 

Mr. D’ESPOSITO, Mr. LAMALFA, Mr. KILEY, Mr. BARR, Mrs. CHAVEZDEREMER, and Mrs. MILLER of West Virginia 

NOVEMBER 24, 2023 

Reported with an amendment; committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 


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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on October 11, 2023] 

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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Transparency and Ending Rogue Regimes Engaging in Ne6 farious Transactions Act’’ or the ‘‘DETERRENT Act’’. 

7 SEC. 2. DISCLOSURES OF FOREIGN GIFTS. 

8 (a) IN GENERAL.—Section 117 of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1011f) is amended to read 

10 as follows: 

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

12 ‘‘(a) DISCLOSURE REPORTS.— 

13 ‘‘(1) AGGREGATE GIFTS AND CONTRACT DISCLO14 SURES.—An institution shall file a disclosure report 

15 in accordance with subsection (b)(1) with the Sec16 retary on July 31 of the calendar year immediately 

17 following any calendar year in which— 

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

19 enters into a contract with, a foreign source 

20 (other than a foreign country of concern or for21 eign entity of concern)— 

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

23 more, considered alone or in combination 

24 with all other gifts from, or contracts with, 


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1 that foreign source within the calendar 

2 year; or 

3 ‘‘(ii) the value of which is undeter4 mined; or 

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

6 foreign country of concern or foreign entity of 

7 concern, or, upon receiving a waiver under sec8 tion 117A to enter into a contract with such a 

9 country or entity, enters into such contract, 

10 without regard to the value of such gift or con11 tract. 

12 ‘‘(2) FOREIGN SOURCE OWNERSHIP OR CONTROL

13 DISCLOSURES.—In the case of an institution that is 

14 substantially controlled (as described in section 

15 668.174(c)(3) of title 34, Code of Federal Regulations) 

16 (or successor regulations)) by a foreign source, the in17 stitution shall file a disclosure report in accordance 

18 with subsection (b)(2) with the Secretary on July 31 

19 of each year. 

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

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

22 with, an affiliated entity of an institution shall be 

23 considered a gift to or contract with, respectively, 

24 such institution. 

25 ‘‘(b) CONTENTS OF REPORT.— 


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

2 Secretary required under subsection (a)(1) shall con3 tain the following: 

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

5 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 such 

14 gift or contract, as provided to the in15 stitution by such foreign source, or if 

16 no such purpose is provided by such 

17 foreign source, the intended use of such 

18 gift or contract, as provided by the in19 stitution; 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 insti13 tution will— 

14 ‘‘(aa) maintain an 

15 unredacted copy of the contract 

16 until the latest of— 

17 ‘‘(AA) the date that is 4 

18 years after the date on which 

19 the contract commences; 

20 ‘‘(BB) the date on which 

21 the contract terminates; or 

22 ‘‘(CC) the last day of 

23 any period that applicable 

24 State law requires a copy of 


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1 such contract to be main2 tained; and 

3 ‘‘(bb) upon request of the 

4 Secretary during an investigation 

5 under subsection (f)(1), produce 

6 such an unredacted copy of the 

7 contract; and 

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

9 which information is required to be dis10 closed under this section with respect to a 

11 gift or contract that is not in English, such 

12 information is translated into English in 

13 compliance with the requirements of sub14 section (c)(1). 

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

16 a contract entered into with, a foreign source 

17 that is a foreign government (other than the gov18 ernment of a foreign country of concern)— 

19 ‘‘(i) the name of such foreign govern20 ment; 

21 ‘‘(ii) the department, agency, office, or 

22 division of such foreign government that ap23 proved such gift or contract, as applicable; 

24 and 


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1 ‘‘(iii) the physical mailing address of 

2 such department, agency, office, or division. 

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

4 contract entered into with, a foreign source 

5 (other than a foreign government subject to the 

6 requirements of subparagraph (B))— 

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

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

9 statement certified by the compliance officer 

10 in accordance with subsection (f)(2) that the 

11 institution has reasonably attempted to ob12 tain such name; 

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

14 that is a natural person, the country of citi15 zenship of such person, or, if such country 

16 is not known, the principal country of resi17 dence of such person; 

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

19 that is a legal entity, the country in which 

20 such entity is incorporated, or if such infor21 mation is not available, the principal place 

22 of business of such entity; and 

23 ‘‘(iv) the physical mailing address of 

24 such foreign source, or if such address is not 

25 available, a statement certified by the comVerDate Sep 11 2014 23:36 Nov 24, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H5933.RH H5933

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1 pliance officer in accordance with sub2 section (f)(2) that the institution has rea3 sonably attempted to obtain such address. 

4 ‘‘(D) With respect to a contract entered into 

5 with a foreign source that is a foreign country 

6 of concern or a foreign entity of concern— 

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 for20 eign source that owns or controls the institution; 

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

22 assumed ownership or control; and 

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

24 resulting from the change in ownership or con25 trol. 


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1 ‘‘(c) TRANSLATION REQUIREMENTS.—Any informa2 tion required to be disclosed under this section with respect 

3 to a gift or contract that is not in English shall be trans4 lated, for purposes of such disclosure, by a person that is 

5 not an affiliated entity or agent of the foreign source in6 volved with such gift or contract. 

7 ‘‘(d) PUBLIC INSPECTION.— 

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

9 later than 60 days before the July 31 immediately fol10 lowing the date of the enactment of the DETERRENT 

11 Act, the Secretary shall— 

12 ‘‘(A) establish and maintain a searchable 

13 database on a website of the Department, under 

14 which all reports submitted under this section 

15 (including any report submitted under this sec16 tion before the date of the enactment of the DE17 TERRENT Act)— 

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

19 electronic and downloadable format), in20 cluding any information provided in such 

21 reports (other than the information prohib22 ited from being publicly disclosed pursuant 

23 to paragraph (2)); 

24 ‘‘(ii) can be individually identified 

25 and compared; and 


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

2 ‘‘(I) the date the institution filed 

3 such report; 

4 ‘‘(II) the date on which the insti5 tution received the gift, or entered into 

6 the contract, which is the subject of the 

7 report; 

8 ‘‘(III) the attributable country of 

9 such gift or contract; and 

10 ‘‘(IV) the name of the foreign 

11 source (other than a foreign source that 

12 is a natural person); 

13 ‘‘(B) not later than 30 days after receipt of 

14 a disclosure report under this section, include 

15 such report in such database; 

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

17 of a report included in such database, whether 

18 the report is with respect to a gift received from, 

19 or a contract entered into with— 

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

21 government; or 

22 ‘‘(ii) a foreign source that is not a for23 eign government; and 

24 ‘‘(D) with respect to a disclosure report that 

25 does not include the name or address of a foreign 


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1 source, indicate, as part of the public record of 

2 such report included in such database, that such 

3 report did not include such information. 

4 ‘‘(2) NAME AND ADDRESS OF FOREIGN

5 SOURCE.—The Secretary shall not disclose the name 

6 or address of a foreign source that is a natural person 

7 (other than the attributable country of such foreign 

8 source) included in a disclosure report— 

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

10 disclosure report described in paragraph (1); or 

11 ‘‘(B) in response to a request under section 

12 552 of title 5, United States Code (commonly 

13 known as the ‘Freedom of Information Act’), 

14 pursuant to subsection (b)(3) of such section. 

15 ‘‘(e) INTERAGENCY INFORMATION SHARING.—Not later 

16 than 30 days after receiving a disclosure report from an 

17 institution in compliance with this section, the Secretary 

18 shall transmit an unredacted copy of such report (that in19 cludes the name and address of a foreign source disclosed 

20 in such report) to the Director of the Federal Bureau of 

21 Investigation, the Director of National Intelligence, the Di22 rector of the Central Intelligence Agency, the Secretary of 

23 State, the Secretary of Defense, the Attorney General, the 

24 Secretary of Commerce, the Secretary of Homeland Secu25 rity, the Secretary of Energy, the Director of the National 


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1 Science Foundation, and the Director of the National Insti2 tutes of Health. 

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

4 required to file a disclosure report under subsection (a) shall 

5 designate, before the filing deadline for such report, and 

6 maintain a compliance officer, who shall— 

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

8 agent of such institution; and 

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

10 for personally certifying accurate compliance with the 

11 foreign gift reporting requirement under this section. 

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

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

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

15 means an entity or organization that operates pri16 marily for the benefit of, or under the auspices of, 

17 such institution, including a foundation of the insti18 tution or a related entity (such as any educational, 

19 cultural, or language entity). 

20 ‘‘(2) ATTRIBUTABLE COUNTRY.—The term ‘at21 tributable country’ means— 

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

23 source who is a natural person, or, if such coun24 try is unknown, the principal residence (as ap25 plicable) of such foreign source; or 


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1 ‘‘(B) the country of incorporation of a for2 eign source that is a legal entity, or, if such 

3 country is unknown, the principal place of busi4 ness (as applicable) of such foreign source. 

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

6 ‘‘(A) means— 

7 ‘‘(i) any agreement for the acquisition 

8 by purchase, lease, or barter of property or 

9 services by the foreign source; 

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

11 similar transaction with a foreign source 

12 that involves the use or exchange of an in13 stitution’s name, likeness, time, services, or 

14 resources; and 

15 ‘‘(iii) any agreement for the acquisi16 tion by purchase, lease, or barter, of prop17 erty or services from a foreign source (other 

18 than an arms-length agreement for such ac19 quisition from a foreign source that is not 

20 a foreign country of concern or a foreign en21 tity of concern); and 

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

23 between an institution and a foreign source re24 garding any payment of one or more elements of 

25 a student’s cost of attendance (as such term is 


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1 defined in section 472), unless such an agreement 

2 is made for more than 15 students or is made 

3 under a restricted or conditional contract. 

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

5 source’ means— 

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

7 agency of a foreign government; 

8 ‘‘(B) a legal entity, governmental or other9 wise, created under the laws of a foreign state or 

10 states; 

11 ‘‘(C) a legal entity, governmental or other12 wise, substantially controlled (as described in 

13 section 668.174(c)(3) of title 34, Code of Federal 

14 Regulations) (or successor regulations)) by a for15 eign source; 

16 ‘‘(D) a natural person who is not a citizen 

17 or a national of the United States or a trust ter18 ritory or protectorate thereof; and 

19 ‘‘(E) an agent of a foreign source, includ20 ing— 

21 ‘‘(i) a subsidiary or affiliate of a for22 eign legal entity, acting on behalf of a for23 eign source; 

24 ‘‘(ii) a person that operates primarily 

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


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1 a foreign source, including a foundation or 

2 a related entity (such as any educational, 

3 cultural, or language entity); and 

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

5 foreign principal (as such term is defined 

6 in section 1 of the Foreign Agents Registra7 tion Act of 1938 (22 U.S.C. 611). 

8 ‘‘(5) GIFT.—The term ‘gift’— 

9 ‘‘(A) means any gift of money, property, re10 sources, staff, or services; and 

11 ‘‘(B) does not include— 

12 ‘‘(i) any payment of one or more ele13 ments of a student’s cost of attendance (as 

14 such term is defined in section 472) to an 

15 institution by, or scholarship from, a for16 eign source who is a natural person, acting 

17 in their individual capacity and not as an 

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

19 on behalf of, any person or entity (except 

20 the student), made for not more than 15 

21 students, and that is not made under a re22 stricted or conditional contract with such 

23 foreign source; or 

24 ‘‘(ii) assignment or license of registered 

25 industrial and intellectual property rights, 


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1 such as patents, utility models, trademarks, 

2 or copyrights, or technical assistance, that 

3 are not identified as being associated with 

4 a national security risk or concern by the 

5 Federal Research Security Council as de6 scribed under section 7902 of title 31, 

7 United States Code; or 

8 ‘‘(iii) decorations (as such term is de9 fined in section 7342(a) of title 5, United 

10 States Code). 

11 ‘‘(6) RESTRICTED OR CONDITIONAL GIFT OR CON12 TRACT.—The term ‘restricted or conditional gift or 

13 contract’ means any endowment, gift, grant, contract, 

14 award, present, or property of any kind which in15 cludes provisions regarding— 

16 ‘‘(A) the employment, assignment, or termi17 nation of faculty; 

18 ‘‘(B) the establishment of departments, cen19 ters, institutes, instructional programs, research 

20 or lecture programs, or new faculty positions; 

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

22 of students; 

23 ‘‘(D) the award of grants, loans, scholar24 ships, fellowships, or other forms of financial aid 


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1 restricted to students of a specified country, reli2 gion, sex, ethnic origin, or political opinion; or 

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

4 gift or contract.’’. 

5 (b) PROHIBITION ON CONTRACTS WITH CERTAIN FOR6 EIGN ENTITIES AND COUNTRIES.—Part B of title I of the 

7 Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is 

8 amended by inserting after section 117 the following: 

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

10 FOREIGN ENTITIES AND COUNTRIES. 

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

12 a contract with a foreign country of concern or a foreign 

13 entity of concern. 

14 ‘‘(b) WAIVERS.— 

15 ‘‘(1) SUBMISSION.— 

16 ‘‘(A) FIRST WAIVER REQUESTS.— 

17 ‘‘(i) IN GENERAL.—An institution that 

18 desires to enter into a contract with a for19 eign entity of concern or a foreign country 

20 of concern may submit to the Secretary, not 

21 later than 120 days before the institution 

22 enters into such a contract, a request to 

23 waive the prohibition under subsection (a) 

24 with respect to such contract. 


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1 ‘‘(ii) CONTENTS OF WAIVER RE2 QUEST.—A waiver request submitted by an 

3 institution under clause (i) shall include— 

4 ‘‘(I) the complete and unredacted 

5 text of the proposed contract for which 

6 the waiver is being requested, and if 

7 such original contract is not in 

8 English, a translated copy of the text 

9 into English (in a manner that com10 plies with section 117(c)); and 

11 ‘‘(II) a statement that— 

12 ‘‘(aa) is signed by the point 

13 of contact of the institution de14 scribed in section 117(h); and 

15 ‘‘(bb) includes information 

16 that demonstrates that such con17 tract is for the benefit of the insti18 tution’s mission and students and 

19 will promote the security, sta20 bility, and economic vitality of 

21 the United States. 

22 ‘‘(B) RENEWAL WAIVER REQUESTS.— 

23 ‘‘(i) IN GENERAL.—An institution that 

24 has entered into a contract pursuant to a 

25 waiver issued under this section, the term of 


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1 which is longer than the 1-year waiver pe2 riod and the terms and conditions of which 

3 remain the same as the proposed contract 

4 submitted as part of the request for such 

5 waiver may submit, not later than 120 days 

6 before the expiration of such waiver period, 

7 a request for a renewal of such waiver for 

8 an additional 1-year period (which shall in9 clude any information requested by the Sec10 retary). 

11 ‘‘(ii) TERMINATION.—If the institution 

12 fails to submit a request under clause (i) or 

13 is not granted a renewal under such clause, 

14 such institution shall terminate such con15 tract on the last day of the original 1-year 

16 waiver period. 

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

18 ‘‘(A) not later than 60 days before an insti19 tution enters into a contract pursuant to a waiv20 er request under paragraph (1)(A), or before a 

21 contract described in paragraph (1)(B)(i) is re22 newed pursuant to a renewal request under such 

23 paragraph, shall notify the institution— 

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

25 issued by the Secretary; and 


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

2 renewal will be issued, the date on which 

3 the 1-year waiver period starts; and 

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

5 section to an institution if the Secretary deter6 mines, in consultation with the heads of each 

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

8 that the contract for which the waiver is being 

9 requested is for the benefit of the institution’s 

10 mission and students and will promote the secu11 rity, stability, and economic vitality of the 

12 United States. 

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

14 to issuing a waiver under paragraph (2), the Sec15 retary shall notify the— 

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

17 Workforce of the House of Representatives; and 

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

19 Labor, and Pensions of the Senate, 

20 of the intent to issue the waiver, including a justifica21 tion for the waiver. 

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

23 issued under this section to an institution with re24 spect to a contract shall only— 


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1 ‘‘(A) waive the prohibition under subsection 

2 (a) for a 1-year period; and 

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

4 the proposed contract submitted as part of the re5 quest for such waiver. 

6 ‘‘(c) DESIGNATION DURING CONTRACT TERM.—In the 

7 case of an institution that enters into a contract with a 

8 foreign source that is not a foreign country of concern or 

9 a foreign entity of concern but which, during the term of 

10 such contract, is designated as a foreign country of concern 

11 or foreign entity of concern, such institution shall terminate 

12 such contract not later than 60 days after the Secretary 

13 notifies the institution of such designation. 

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

15 ‘‘(1) IN GENERAL.—In the case of an institution 

16 that has entered into a contract with a foreign coun17 try of concern or foreign entity of concern prior to the 

18 date of the enactment of the DETERRENT Act— 

19 ‘‘(A) the institution shall immediately sub20 mit to the Secretary a waiver request in accord21 ance with subsection (b)(1)(A)(ii); and 

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

23 request submitted under paragraph (1), imme24 diately issue a waiver to the institution for a peVerDate Sep 11 2014 23:36 Nov 24, 2023 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H5933.RH H5933

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1 riod beginning on the date on which the waiver 

2 is issued and ending on the sooner of— 

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

4 date of the enactment of the DETERRENT 

5 Act; or 

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

7 terminates. 

8 ‘‘(2) RENEWAL.—An institution that has entered 

9 into a contract described in paragraph (1), the term 

10 of which is longer than the waiver period described in 

11 subparagraph (B) of such paragraph and the terms 

12 and conditions of which remain the same as the con13 tract submitted as part of the request required under 

14 subparagraph (A) of such paragraph, may submit a 

15 request for renewal of the waiver issued under such 

16 paragraph in accordance with subsection (b)(1)(B). 

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

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

19 (c) INTERAGENCY INFORMATION SHARING.—Not later 

20 than 90 days after the date of the enactment of this Act, 

21 the Secretary of Education shall transmit to the heads of 

22 each agency and department listed in section 117(e) of the 

23 Higher Education Act of 1965, as amended by this Act— 

24 (1) any report received by the Department of 

25 Education under section 117 of the Higher Education 


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1 Act of 1965 (20 U.S.C. 1011f) prior to the date of the 

2 enactment of this Act; and 

3 (2) any report, document, or other record gen4 erated by the Department of Education in the course 

5 of an investigation— 

6 (A) of an institution with respect to the 

7 compliance of such institution with such section; 

8 and 

9 (B) initiated prior to the date of the enact10 ment of this Act. 

11 SEC. 3. POLICY REGARDING CONFLICTS OF INTEREST 

12 FROM FOREIGN GIFTS AND CONTRACTS. 

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

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

15 amended by inserting after section 117A the following: 

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

17 GIFTS AND CONTRACTS TO FACULTY AND 

18 STAFF. 

19 ‘‘(a) REQUIREMENT TO MAINTAIN POLICY AND DATA20 BASE.—Beginning not later than 90 days after the date of 

21 the enactment of the DETERRENT Act, each institution 

22 described in subsection (b) shall maintain— 

23 ‘‘(1) a policy requiring covered individuals em24 ployed at the institution to disclose in a report to 

25 such institution on July 31 of each calendar year that 


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1 begins after the year in which such enactment date 

2 occurs— 

3 ‘‘(A) any gift received from a foreign source 

4 in the previous calendar year, the value of which 

5 is greater than the minimal value (as such term 

6 is defined in section 7342(a) of title 5, United 

7 States Code) or is of undetermined value, and 

8 including the date on which the gift was re9 ceived; 

10 ‘‘(B) any contract entered into with a for11 eign source in the previous calendar year, the 

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

13 alone or in combination with all other contracts 

14 with that foreign source within the calendar 

15 year, and including the date on which such con16 tract commences and, as applicable, the date on 

17 which such contract terminates; 

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

19 force during the previous calendar year that has 

20 an undetermined monetary value, and including 

21 the date on which such contract commences and, 

22 as applicable, the date on which such contract 

23 terminates; and 

24 ‘‘(D) any contract entered into with a for25 eign country of concern or foreign entity of conVerDate Sep 11 2014 23:36 Nov 24, 2023 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H5933.RH H5933

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1 cern in the previous calendar year, the value of 

2 which is $0 or more, and including the begin3 ning and ending dates of such contract and the 

4 full text of such contract and any addenda; 

5 ‘‘(2) a publicly available and searchable database 

6 (in electronic and downloadable format), on a website 

7 of the institution, of the information required to be 

8 disclosed under paragraph (1) that— 

9 ‘‘(A) makes available the information dis10 closed under paragraph (1) beginning on the 

11 date that is 30 days after receipt of the report 

12 under such paragraph containing such informa13 tion and until the latest of— 

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

15 date on which— 

16 ‘‘(I) a gift referred to in para17 graph (1)(A) is received; or 

18 ‘‘(II) a contract referred to in sub19 paragraph (B), (C) or (D) of para20 graph (1) begins; or 

21 ‘‘(ii) the date on which a contract re22 ferred to in subparagraph (B), (C) or (D) 

23 of paragraph (1) terminates; and 

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


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

2 date commenced (if a contract); 

3 ‘‘(ii) the attributable country with re4 spect to which information is being dis5 closed; 

6 ‘‘(iii) name of the individual making 

7 the disclosure; and 

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

9 (other than a foreign source who is a nat10 ural person); 

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

12 potential information gathering by foreign sources 

13 through espionage targeting covered individuals that 

14 may arise from gifts received from, or contracts en15 tered into with, a foreign source, including through 

16 the use of— 

17 ‘‘(A) periodic communications; 

18 ‘‘(B) accurate reporting under paragraph 

19 (2) of the information required to be disclosed 

20 under paragraph (1); and 

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

22 paragraph (1). 

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

24 the requirements of this section if such institution— 


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

2 any program authorized under title IV; and 

3 ‘‘(2)(A) received more than $50,000,000 in Fed4 eral funds in any of the previous five calendar years 

5 to support (in whole or in part) research and develop6 ment (as determined by the institution and measured 

7 by the Higher Education Research and Development 

8 Survey of the National Center for Science and Engi9 neering Statistics); or 

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

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

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

13 meanings given such terms in section 117(g); 

14 ‘‘(2) the term ‘contract’— 

15 ‘‘(A) means any— 

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

17 purchase, lease, or barter, of property or 

18 services by a foreign source; 

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

20 transaction with a foreign source involving 

21 the use or exchange of the name, likeness, 

22 time, services, or resources of covered indi23 viduals employed at an institution de24 scribed in subsection (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 covered individ7 uals for the acquisition, by purchase, lease, or 

8 barter of property or services from a foreign 

9 source other than such a foreign source that is a 

10 foreign country of concern or a foreign entity of 

11 concern; 

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

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

14 section 223(d) of the William M. (Mac) Thorn15 berry National Defense Authorization Act for 

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

17 ‘‘(B) shall be interpreted in accordance with 

18 the Guidance for Implementing National Secu19 rity Presidential Memorandum 33 (NSPM–33) 

20 on National Security Strategy for United States 

21 Government-supported Research and Develop22 ment published by the Subcommittee on Research 

23 Security and the Joint Committee on the Re24 search Environment in January 2022; and 


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1 ‘‘(4) the term ‘professional staff’ means profes2 sional employees, as defined in section 3 of the Fair 

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

4 SEC. 4. INVESTMENT DISCLOSURE REPORT. 

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

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

7 amended by inserting after section 117B the following: 

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

9 ‘‘(a) INVESTMENT DISCLOSURE REPORT.—A specified 

10 institution shall file a disclosure report in accordance with 

11 subsection (b) with the Secretary on July 31 immediately 

12 following any calendar year in which the specified institu13 tion purchases, sells, or holds (directly or indirectly through 

14 any chain of ownership) one or more investments of con15 cern. 

16 ‘‘(b) CONTENTS OF REPORT.—Each report to the Sec17 retary required by subsection (a) with respect to any cal18 endar year shall contain the following: 

19 ‘‘(1) A list of the investments of concern pur20 chased, sold, or held during such calendar year. 

21 ‘‘(2) The aggregate fair market value of all in22 vestments of concern held as of the close of such cal23 endar year. 

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

25 concern sold over the course of such calendar year, as 


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1 measured by the fair market value of such invest2 ments at the time of the sale. 

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

4 from such sales of investments of concern. 

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

6 ‘‘(1) IN GENERAL.—An investment of concern ac7 quired through a regulated investment company, ex8 change traded fund, or any other pooled investment 

9 shall be treated as acquired through a chain of owner10 ship referred to in subsection (a), unless such pooled 

11 investment is certified by the Secretary as not holding 

12 any listed investments in accordance with subpara13 graph (B) of paragraph (2). 

14 ‘‘(2) CERTIFICATIONS OF POOLED FUNDS.—The 

15 Secretary, after consultation with the Secretary of the 

16 Treasury, shall establish procedures under which cer17 tain regulated investment companies, exchange traded 

18 funds, and other pooled investments— 

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

20 the requirements under subsection (b); and 

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

22 not holding any listed investments. 

23 ‘‘(d) TREATMENT OF RELATED ORGANIZATIONS.—For 

24 purposes of this section, assets held by any related organiza25 tion (as defined in section 4968(d)(2) of the Internal RevVerDate Sep 11 2014 23:36 Nov 24, 2023 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H5933.RH H5933

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1 enue Code of 1986) with respect to a specified institution 

2 shall be treated as held by such specified institution, except 

3 that— 

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

5 with respect to more than 1 specified institution; and 

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

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

8 the Internal Revenue Code of 1986 with respect to 

9 such institution, assets which are not intended or 

10 available for the use or benefit of such specified insti11 tution shall not be taken into account. 

12 ‘‘(e) VALUATION OF DEBT.—For purposes of this sec13 tion, the fair market value of any debt shall be the principal 

14 amount of such debt. 

15 ‘‘(f) REGULATIONS.—The Secretary, after consultation 

16 with the Secretary of the Treasury, may issue such regula17 tions or other guidance as may be necessary or appropriate 

18 to carry out the purposes of this section, including regula19 tions or other guidance providing for the proper application 

20 of this section with respect to certain regulated investment 

21 companies, exchange traded funds, and pooled investments. 

22 ‘‘(g) COMPLIANCE OFFICER.—Any specified institu23 tion that is required to submit a report under subsection 

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

25 maintain a compliance officer, who shall— 


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

2 agent of such institution; 

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

4 for personally certifying accurate compliance with the 

5 reporting requirements under this section; and 

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

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

8 established institutional policy and conducted good 

9 faith efforts and reasonable due diligence to determine 

10 the accuracy and valuations of the assets reported. 

11 ‘‘(h) DATABASE REQUIREMENT.—Beginning not later 

12 than 60 days before the July 31 immediately following the 

13 date of the enactment of the DETERRENT Act, the Sec14 retary shall— 

15 ‘‘(1) establish and maintain a searchable data16 base on a website of the Department, under which all 

17 reports submitted under this section— 

18 ‘‘(A) are made publicly available (in elec19 tronic and downloadable format), including any 

20 information provided in such reports; 

21 ‘‘(B) can be individually identified and 

22 compared; and 

23 ‘‘(C) are searchable and sortable; and 


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1 ‘‘(2) not later than 30 days after receipt of a dis2 closure report under this section, include such report 

3 in such database. 

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

5 ‘‘(1) INVESTMENT OF CONCERN.— 

6 ‘‘(A) IN GENERAL.—The term ‘investment of 

7 concern’ means any specified interest with re8 spect to any of the following: 

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

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

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

12 ‘specified interest’ means, with respect to any en13 tity— 

14 ‘‘(i) stock or any other equity or profits 

15 interest of such entity; 

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

17 ‘‘(iii) any contract or derivative with 

18 respect to any property described in clause 

19 (i) or (ii). 

20 ‘‘(2) SPECIFIED INSTITUTION.— 

21 ‘‘(A) IN GENERAL.—The term ‘specified in22 stitution’, as determined with respect to any cal23 endar year, means an institution if— 

24 ‘‘(i) such institution is not a public in25 stitution; and 


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1 ‘‘(ii) the aggregate fair market value 

2 of— 

3 ‘‘(I) the assets held by such insti4 tution at the end of such calendar year 

5 (other than those assets which are used 

6 directly in carrying out the institu7 tion’s exempt purpose) is in excess of 

8 $6,000,000,000; or 

9 ‘‘(II) the investments of concern 

10 held by such institution at the end of 

11 such calendar year is in excess of 

12 $250,000,000 

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

14 For the purpose of applying the definition under 

15 subparagraph (A), the terms ‘aggregate fair mar16 ket value’ and ‘assets which are used directly in 

17 carrying out the institution’s exempt purpose’ 

18 shall be applied in the same manner as such 

19 terms are applied for the purposes of section 

20 4968(b)(1)(D) of the Internal Revenue Code of 

21 1986.’’. 

22 SEC. 5. ENFORCEMENT AND OTHER GENERAL PROVISIONS. 

23 (a) ENFORCEMENT AND OTHER GENERAL PROVI24 SIONS.—The Higher Education Act of 1965 (20 U.S.C. 


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1 1001 et seq.), as amended by section 4 of this Act, is further 

2 amended by inserting after section 117C the following: 

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

4 ‘‘(a) ENFORCEMENT.— 

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

6 through the General Counsel of the Department) shall 

7 conduct investigations of possible violations of sec8 tions 117, 117A, 117B, and 117C by institutions. 

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

10 an institution has knowingly or willfully failed to 

11 comply with a requirement of any of the sections list12 ed in paragraph (1) (including any rule or regulation 

13 promulgated under any such section) based on such 

14 an investigation, a civil action shall be brought by the 

15 Attorney General, at the request of the Secretary, in 

16 an appropriate district court of the United States, or 

17 the appropriate United States court of any territory 

18 or other place subject to the jurisdiction of the United 

19 States, to request such court to compel compliance 

20 with the requirement of the section that has been vio21 lated. 

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

23 that is compelled to comply with a requirement of a 

24 section listed in paragraph (1) pursuant to para25 graph (2) shall— 


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

2 States the full costs to the United States of ob3 taining compliance with the requirement of such 

4 section, including all associated costs of inves5 tigation and enforcement; and 

6 ‘‘(B) be subject to the applicable fines de7 scribed in paragraph (4). 

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

9 shall impose a fine on an institution that knowingly 

10 or willfully fails to comply with a requirement of a 

11 section listed in paragraph (1) as follows: 

12 ‘‘(A) SECTION 117.— 

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

14 case of an institution that knowingly or 

15 willfully fails to comply with a requirement 

16 of section 117 with respect to a calendar 

17 year, and that has not previously knowingly 

18 or willfully failed to comply with such a re19 quirement, the Secretary shall impose a fine 

20 on the institution for such violation as fol21 lows: 

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

23 that knowingly or willfully fails to 

24 comply with a reporting requirement 

25 under subsection (a)(1) of section 117, 


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1 such fine shall be in an amount that 

2 is— 

3 ‘‘(aa) not less than $50,000 

4 but not more than the monetary 

5 value of the gift from, or contract 

6 with, the foreign source; or 

7 ‘‘(bb) in the case of a gift or 

8 contract of no value or of indeter9 minable value, not less than 1 

10 percent, and not more than 10 

11 percent of the total amount of 

12 Federal funds received by the in13 stitution under this Act for the 

14 most recent fiscal year. 

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

16 that knowingly or willfully fails to 

17 comply with the reporting requirement 

18 under subsection (a)(2) of section 117, 

19 such fine shall be in an amount that is 

20 not less than 10 percent of the total 

21 amount of Federal funds received by 

22 the institution under this Act for the 

23 most recent fiscal year. 

24 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

25 the case of an institution that has been 


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•HR 5933 RH

1 fined pursuant to clause (i) with respect to 

2 a calendar year, and that knowingly or 

3 willfully fails to comply with a requirement 

4 of section 117 with respect to any addi5 tional calendar year, the Secretary shall 

6 impose a fine on the institution with respect 

7 to any such additional calendar year as fol8 lows: 

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

10 that knowingly or willfully fails to 

11 comply with a reporting requirement 

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

13 with respect to an additional calendar 

14 year, such fine shall be in an amount 

15 that is— 

16 ‘‘(aa) not less than $100,000 

17 but not more than twice the mone18 tary value of the gift from, or con19 tract with, the foreign source; or 

20 ‘‘(bb) in the case of a gift or 

21 contract of no value or of indeter22 minable value, not less than 1 

23 percent, but not more than 10 

24 percent, of the total amount of 

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1 stitution under this Act for the 

2 most recent fiscal year. 

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

4 that knowingly or willfully fails to 

5 comply with a reporting requirement 

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

7 with respect to an additional calendar 

8 year, such fine shall be in an amount 

9 that is not less than 20 percent of the 

10 total amount of Federal funds received 

11 by the institution under this Act for 

12 the most recent fiscal year. 

13 ‘‘(B) SECTION 117A.— 

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

15 case of an institution that knowingly or 

16 willfully fails to comply with a requirement 

17 of section 117A for the first time, the Sec18 retary shall impose a fine on the institution 

19 in an amount that is not less than 5 per20 cent, but not more than 10 percent, of the 

21 total amount of Federal funds received by 

22 the institution under this Act for the most 

23 recent fiscal year. 

24 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

25 the case of an institution that has been 


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1 fined pursuant to clause (i), the Secretary 

2 shall impose a fine on the institution for 

3 each subsequent time the institution know4 ingly or willfully fails to comply with a re5 quirement of section 117A in an amount 

6 that is not less than 20 percent of the total 

7 amount of Federal funds received by the in8 stitution under this Act for the most recent 

9 fiscal year. 

10 ‘‘(C) SECTION 117B.— 

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

12 case of an institution that knowingly or 

13 willfully fails to comply with a requirement 

14 of section 117B with respect to a calendar 

15 year, and that has not previously knowingly 

16 or willfully failed to comply with such a re17 quirement, the Secretary shall impose a fine 

18 on the institution of not less than $250,000, 

19 but not more than the total amount of gifts 

20 or contracts reported by such institution in 

21 the database required under section 

22 117B(a)(2). 

23 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

24 the case of an institution that has been 

25 fined pursuant to clause (i) with respect to 


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1 a calendar year, and that knowingly or 

2 willfully fails to comply with a requirement 

3 of section 117B with respect to any addi4 tional calendar year, the Secretary shall 

5 impose a fine on the institution with respect 

6 to any such additional calendar year in an 

7 amount that is not less than $500,000, but 

8 not more than twice the total amount of 

9 gifts or contracts reported by such institu10 tion in the database required under section 

11 117B(a)(2). 

12 ‘‘(D) SECTION 117C.— 

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

14 case of a specified institution that know15 ingly or willfully fails to comply with a re16 quirement of section 117C with respect to a 

17 calendar year, and that has not previously 

18 knowingly or willfully failed to comply with 

19 such a requirement, the Secretary shall im20 pose a fine on the institution in an amount 

21 that is not less than 50 percent and not 

22 more than 100 percent of the sum of— 

23 ‘‘(I) the aggregate fair market 

24 value of all investments of concern held 


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1 by such institution as of the close of 

2 such calendar year; and 

3 ‘‘(II) the combined value of all in4 vestments of concern sold over the 

5 course of such calendar year, as meas6 ured by the fair market value of such 

7 investments at the time of the sale. 

8 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

9 the case of a specified institution that has 

10 been fined pursuant to clause (i) with re11 spect to a calendar year, and that know12 ingly or willfully fails to comply with a re13 quirement of section 117C with respect to 

14 any additional calendar year, the Secretary 

15 shall impose a fine on the institution with 

16 respect to any such additional calendar 

17 year in an amount that is not less than 100 

18 percent and not more than 200 percent of 

19 the sum of— 

20 ‘‘(I) the aggregate fair market 

21 value of all investments of concern held 

22 by such institution as of the close of 

23 such additional calendar year; and 

24 ‘‘(II) the combined value of all in25 vestments of concern sold over the 


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1 course of such additional calendar 

2 year, as measured by the fair market 

3 value of such investments at the time of 

4 the sale. 

5 ‘‘(b) SINGLE POINT-OF-CONTACT AT THE DEPART6 MENT.—The Secretary shall maintain a single point-of-con7 tact at the Department to— 

8 ‘‘(1) receive and respond to inquiries and re9 quests for technical assistance from institutions re10 garding compliance with the requirements of sections 

11 117, 117A, 117B, and 117C; 

12 ‘‘(2) coordinate and implement technical im13 provements to the database described in section 

14 117(d)(1), including— 

15 ‘‘(A) improving upload functionality by al16 lowing for batch reporting, including by allow17 ing institutions to upload one file with all re18 quired information into the database; 

19 ‘‘(B) publishing and maintaining a data20 base users guide annually, including information 

21 on how to edit an entry and how to report er22 rors; 

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

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


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1 shall not apply) to discuss possible database im2 provements, which group shall— 

3 ‘‘(i) include at least— 

4 ‘‘(I) 3 members representing pub5 lic institutions with high or very high 

6 levels of research activity (as defined 

7 by the National Center for Education 

8 Statistics); 

9 ‘‘(II) 2 members representing pri10 vate, nonprofit institutions with high 

11 or very high levels of research activity 

12 (as so defined); 

13 ‘‘(III) 2 members representing 

14 proprietary institutions of higher edu15 cation (as defined in section 102(b)); 

16 and 

17 ‘‘(IV) 2 members representing 

18 area career and technical education 

19 schools (as defined in subparagraph 

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

21 D. Perkins Career and Technical Edu22 cation Act of 2006 (20 U.S.C. 

23 2302(3)); and 


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

2 officials from the Department to discuss 

3 possible database improvements; 

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

5 website, recommended database improvements 

6 following each meeting described in subpara7 graph (C)(ii); and 

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

9 website, to each recommendation published under 

10 subparagraph (D) as to whether or not the De11 partment will implement the recommendation, 

12 including the rationale for either approving or 

13 rejecting the recommendation; 

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

16 any pending or completed investigations and civil ac17 tions 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 website— 

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

23 countries of concern and foreign entities of con24 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 term 

10 ‘foreign country of concern’ includes the following: 

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

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

13 States Code). 

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

15 consultation with the Secretary of Defense, the 

16 Secretary of State, and the Director of National 

17 Intelligence, determines to be engaged in conduct 

18 that is detrimental to the national security or 

19 foreign policy of the United States. 

20 ‘‘(2) FOREIGN ENTITY OF CONCERN.—The term 

21 ‘foreign entity of concern’ has the meaning given such 

22 term in section 10612(a) of the Research and Develop23 ment, Competition, and Innovation Act (42 U.S.C. 

24 19221(a)) and includes a foreign entity that is identi25 fied on the list published under section 1286(c)(8)(A) 


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1 of the John S. McCain National Defense Authoriza2 tion Act for Fiscal Year 2019 (10 U.S.C. 22 4001 

3 note; Public Law 115–232). 

4 ‘‘(3) INSTITUTION.—The term ‘institution’ means 

5 an institution of higher education (as such term is de6 fined in section 102, other than an institution de7 scribed in subsection (a)(1)(c) of such section).’’. 

8 (b) PROGRAM PARTICIPATION AGREEMENT.—Section 

9 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

10 1094) is amended by adding at the end the following: 

11 ‘‘(30)(A) An institution will comply with the re12 quirements of sections 117, 117A, 117B, and 117C. 

13 ‘‘(B) An institution that, for 3 consecutive insti14 tutional fiscal years, violates any requirement of any 

15 of the sections listed in subparagraph (A), shall— 

16 ‘‘(i) be ineligible to participate in the pro17 grams authorized by this title for a period of not 

18 less than 2 institutional fiscal years; and 

19 ‘‘(ii) in order to regain eligibility to par20 ticipate in such programs, demonstrate compli21 ance with all requirements of each such section 

22 for not less than 2 institutional fiscal years after 

23 the institutional fiscal year in which such insti24 tution became ineligible.’’. 


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

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

3 of the United States— 

4 (1) shall conduct a study to identify ways to im5 prove intergovernmental agency coordination regard6 ing implementation and enforcement of sections 117, 

7 117A, 117B, and 117C of the Higher Education Act 

8 of 1965 (20 U.S.C. 1011f), as amended or added by 

9 this Act, including increasing information sharing, 

10 increasing compliance rates, and establishing proc11 esses for enforcement; and 

12 (2) shall submit to the Congress, and make pub13 lic, a report containing the results of such study. 


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Union Calendar No. 223 

118TH CONGRESS 

1ST SESSION H. R. 5933 

[Report No. 118–278] 

A BILL 

To amend the Higher Education Act of 1965 to rements within endowments. and require disclosure of certain foreign invest- and faculty to report foreign gifts and contracts, foreign countries of concern, require certain staff strict contracts with certain foreign entities and eign gifts and contracts from foreign sources, re- quire additional information in disclosures of forNOVEMBER 24, 2023 

Reported with an amendment; committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union 


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