118TH CONGRESS 

1ST SESSION H. R. 5933 

AN ACT 

To amend the Higher Education Act of 1965 to require 

additional information in disclosures of foreign gifts and 

contracts from foreign sources, restrict contracts with 

certain foreign entities and foreign countries of concern, 

require certain staff and faculty to report foreign gifts 

and contracts, and require disclosure of certain foreign 

investments within endowments. 

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

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

3 Transparency and Ending Rogue Regimes Engaging in 

4 Nefarious Transactions Act’’ or the ‘‘DETERRENT 

5 Act’’. 

6 SEC. 2. DISCLOSURES OF FOREIGN GIFTS. 

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

9 as follows: 

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

11 ‘‘(a) DISCLOSURE REPORTS.— 

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

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

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

18 enters into a contract with, a foreign source 

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

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

22 more, considered alone or in combination 

23 with all other gifts from, or contracts with, 

24 that foreign source within the calendar 

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

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

4 foreign country of concern or foreign entity of 

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

7 country or entity, enters into such contract, 

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

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

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

15 source, the institution shall file a disclosure report 

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

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

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

20 with, an affiliated entity of an institution shall be 

21 considered a gift to or contract with, respectively, 

22 such institution. 

23 ‘‘(b) CONTENTS OF REPORT.— 
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1 ‘‘(1) GIFTS AND CONTRACTS.—Each report to 

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

3 contain the following: 

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

5 or a contract entered into with, any foreign 

6 source— 

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

8 including— 

9 ‘‘(I) the name of the individual, 

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

12 out the contract; 

13 ‘‘(II) the intended purpose of 

14 such gift or contract, as provided to 

15 the institution by such foreign source, 

16 or if no such purpose is provided by 

17 such foreign source, the intended use 

18 of such gift or contract, as provided 

19 by the institution; and 

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

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

24 ‘‘(ii) with respect to a gift— 
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1 ‘‘(I) the total fair market dollar 

2 amount or dollar value of the gift, as 

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

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

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

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

10 ‘‘(II) as applicable, the date on 

11 which such contract terminates; and 

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

14 ‘‘(aa) maintain an 

15 unredacted copy of the contract 

16 until the latest of— 

17 ‘‘(AA) the date that is 

18 5 years after the date on 

19 which the contract com20 mences; 

21 ‘‘(BB) the date on 

22 which the contract termi23 nates; or 

24 ‘‘(CC) the last day of 

25 any period that applicable 
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1 State law requires a copy of 

2 such contract to be main3 tained; and 

4 ‘‘(bb) upon request of the 

5 Secretary during an investigation 

6 under subsection section 

7 117D(a)(1), produce such an 

8 unredacted copy of the contract; 

9 and 

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

11 which information is required to be dis12 closed under this section with respect to a 

13 gift or contract that is not in English, such 

14 information is translated into English in 

15 compliance with the requirements of sub16 section (c)(1). 

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

18 or a contract entered into with, a foreign source 

19 that is a foreign government (other than the 

20 government of a foreign country of concern)— 

21 ‘‘(i) the name of such foreign govern22 ment; 

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

24 or division of such foreign government that 
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1 approved such gift or contract, as applica2 ble; and 

3 ‘‘(iii) the physical mailing address of 

4 such department, agency, office, or divi5 sion. 

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

7 or contract entered into with, a foreign source 

8 (other than a foreign government subject to the 

9 requirements of subparagraph (B))— 

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

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

12 statement certified by the compliance offi13 cer in accordance with subsection (f)(2) 

14 that the institution has reasonably at15 tempted to obtain such name; 

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

17 that is a natural person, the country of 

18 citizenship of such person, or, if such coun19 try is not known, the principal country of 

20 residence of such person; 

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

22 that is a legal entity, the country in which 

23 such entity is incorporated, or if such in24 formation is not available, the principal 

25 place of business of such entity; 
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1 ‘‘(iv) the physical mailing address of 

2 such foreign source, or if such address is 

3 not available, a statement certified by the 

4 compliance officer in accordance with sub5 section (f)(2) that the institution has rea6 sonably attempted to obtain such address; 

7 and 

8 ‘‘(v) any affiliation of the foreign 

9 source to an organization that is des10 ignated as a foreign terrorist organization 

11 pursuant to section 219 of the Immigra12 tion and Nationality Act (8 U.S.C. 1189). 

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

14 into with a foreign source that is a foreign 

15 country of concern or a foreign entity of con16 cern— 

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

18 the original contract, and if such original 

19 contract is not in English, a translated 

20 copy of the text into English; 

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

22 under section 117A for such contract; and 

23 ‘‘(iii) the statement submitted by the 

24 institution for purposes of receiving such a 

25 waiver under section 117A(b)(1). 
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1 ‘‘(2) FOREIGN SOURCE OWNERSHIP OR CON2 TROL.—Each report to the Secretary required under 

3 subsection (a)(2) shall contain— 

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

5 foreign source that owns or controls the institu6 tion; 

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

8 assumed ownership or control; and 

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

10 resulting from the change in ownership or con11 trol. 

12 ‘‘(c) TRANSLATION REQUIREMENTS.—Any informa13 tion required to be disclosed under this section with re14 spect to a gift or contract that is not in English shall be 

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

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

17 source involved with such gift or contract. 

18 ‘‘(d) PUBLIC INSPECTION.— 

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

20 later than 60 days before the July 31 immediately 

21 following the date of the enactment of the DETER22 RENT Act, the Secretary shall— 

23 ‘‘(A) establish and maintain a searchable 

24 database on a website of the Department, under 

25 which all reports submitted under this section 
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1 (including any report submitted under this sec2 tion before the date of the enactment of the 

3 DETERRENT Act)— 

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

5 electronic and downloadable format), in6 cluding any information provided in such 

7 reports (other than the information prohib8 ited from being publicly disclosed pursuant 

9 to paragraph (2)); 

10 ‘‘(ii) can be individually identified and 

11 compared; and 

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

13 ‘‘(I) the date the institution filed 

14 such report; 

15 ‘‘(II) the date on which the insti16 tution received the gift, or entered 

17 into the contract, which is the subject 

18 of the report; 

19 ‘‘(III) the attributable country of 

20 such gift or contract; and 

21 ‘‘(IV) the name of the foreign 

22 source (other than a foreign source 

23 that is a natural person); 
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1 ‘‘(B) not later than 30 days after receipt 

2 of a disclosure report under this section, include 

3 such report in such database; 

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

5 of a report included in such database, whether 

6 the report is with respect to a gift received 

7 from, or a contract entered into with— 

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

9 government; or 

10 ‘‘(ii) a foreign source that is not a for11 eign government; and 

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

13 that does not include the name or address of a 

14 foreign source, indicate, as part of the public 

15 record of such report included in such database, 

16 that such report did not include such informa17 tion. 

18 ‘‘(2) NAME AND ADDRESS OF FOREIGN

19 SOURCE.—The Secretary shall not disclose the name 

20 or address of a foreign source that is a natural per21 son (other than the attributable country of such for22 eign source) included in a disclosure report— 

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

24 disclosure report described in paragraph (1); or 
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1 ‘‘(B) in response to a request under sec2 tion 552 of title 5, United States Code (com3 monly known as the ‘Freedom of Information 

4 Act’), pursuant to subsection (b)(3) of such sec5 tion. 

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

7 later than 30 days after receiving a disclosure report from 

8 an institution in compliance with this section, the Sec9 retary shall transmit an unredacted copy of such report 

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

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

12 Bureau of Investigation, the Director of National Intel13 ligence, the Director of the Central Intelligence Agency, 

14 the Secretary of State, the Secretary of Defense, the At15 torney General, the Secretary of Commerce, the Secretary 

16 of Homeland Security, the Secretary of Energy, the Direc17 tor of the National Science Foundation, and the Director 

18 of the National Institutes of Health. 

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

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

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

22 and maintain a compliance officer, who shall— 

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

24 agent of such institution; and 
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1 ‘‘(2) be responsible, on behalf of the institution, 

2 for personally certifying accurate compliance with 

3 the foreign gift reporting requirement under this 

4 section. 

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

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

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

8 means an entity or organization that operates pri9 marily for the benefit of, or under the auspices of, 

10 such institution, including a foundation of the insti11 tution or a related entity (such as any educational, 

12 cultural, or language entity). 

13 ‘‘(2) ATTRIBUTABLE COUNTRY.—The term ‘at14 tributable country’ means— 

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

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

17 country is unknown, the principal residence (as 

18 applicable) of such foreign source; or 

19 ‘‘(B) the country of incorporation of a for20 eign source that is a legal entity, or, if such 

21 country is unknown, the principal place of busi22 ness (as applicable) of such foreign source. 

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

24 ‘‘(A) means— 
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1 ‘‘(i) any agreement for the acquisition 

2 by purchase, lease, or barter of property or 

3 services by the foreign source; 

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

5 similar transaction with a foreign source 

6 that involves the use or exchange of an in7 stitution’s name, likeness, time, services, or 

8 resources; and 

9 ‘‘(iii) any agreement for the acquisi10 tion by purchase, lease, or barter, of prop11 erty or services from a foreign source 

12 (other than an arms-length agreement for 

13 such acquisition from a foreign source that 

14 is not a foreign country of concern or a 

15 foreign entity of concern); and 

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

17 between an institution and a foreign source re18 garding any payment of one or more elements 

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

20 is defined in section 472), unless such an agree21 ment is made for more than 15 students or is 

22 made under a restricted or conditional contract. 

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

24 source’ means— 
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1 ‘‘(A) a foreign government, including an 

2 agency of a foreign government; 

3 ‘‘(B) a legal entity, governmental or other4 wise, created under the laws of a foreign state 

5 or states; 

6 ‘‘(C) a legal entity, governmental or other7 wise, substantially controlled (as described in 

8 section 668.174(c)(3) of title 34, Code of Fed9 eral Regulations) (or successor regulations)) by 

10 a foreign source; 

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

12 or a national of the United States or a trust 

13 territory or protectorate thereof; 

14 ‘‘(E) an agent of a foreign source, includ15 ing— 

16 ‘‘(i) a subsidiary or affiliate of a for17 eign legal entity, acting on behalf of a for18 eign source; 

19 ‘‘(ii) a person that operates primarily 

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

21 a foreign source, including a foundation or 

22 a related entity (such as any educational, 

23 cultural, or language entity); and 

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

25 foreign principal (as such term is defined 
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1 in section 1 of the Foreign Agents Reg2 istration Act of 1938 (22 U.S.C. 611); and 

3 ‘‘(F) an international organization (as such 

4 term is defined in the International Organiza5 tions Immunities Act (22 U.S.C. 288)). 

6 ‘‘(5) GIFT.—The term ‘gift’— 

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

8 resources, staff, or services; and 

9 ‘‘(B) does not include— 

10 ‘‘(i) any payment of one or more ele11 ments of a student’s cost of attendance (as 

12 such term is defined in section 472) to an 

13 institution by, or scholarship from, a for14 eign source who is a natural person, acting 

15 in their individual capacity and not as an 

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

17 on behalf of, any person or entity (except 

18 the student), made for not more than 15 

19 students, and that is not made under a re20 stricted or conditional contract with such 

21 foreign source; or 

22 ‘‘(ii) assignment or license of reg23 istered industrial and intellectual property 

24 rights, such as patents, utility models, 

25 trademarks, or copyrights, or technical as-
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1 sistance, that are not associated with a 

2 category listed in the Commerce Control 

3 List maintained by the Bureau of Industry 

4 and Security of the Department of Com5 merce and set forth in Supplement No. 1 

6 to part 774 of title 15, Code of Federal 

7 Regulations; 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

12 CONTRACT.—The term ‘restricted or conditional gift 

13 or contract’ means any endowment, gift, grant, con14 tract, award, present, or property of any kind which 

15 includes provisions regarding— 

16 ‘‘(A) the employment, assignment, or ter17 mination of faculty; 

18 ‘‘(B) the establishment of departments, 

19 centers, institutes, instructional programs, re20 search or lecture programs, or new faculty posi21 tions; 

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

23 of students; 

24 ‘‘(D) the award of grants, loans, scholar25 ships, fellowships, or other forms of financial 
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1 aid restricted to students of a specified country, 

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

3 or 

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

5 gift or contract.’’. 

6 (b) PROHIBITION ON CONTRACTS WITH CERTAIN

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

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

9 et seq.) is amended by inserting after section 117 the fol10 lowing: 

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

12 FOREIGN ENTITIES AND COUNTRIES. 

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

14 into a contract with a foreign country of concern or a for15 eign entity of concern. 

16 ‘‘(b) WAIVERS.— 

17 ‘‘(1) SUBMISSION.— 

18 ‘‘(A) FIRST WAIVER REQUESTS.— 

19 ‘‘(i) IN GENERAL.—An institution 

20 that desires to enter into a contract with 

21 a foreign entity of concern or a foreign 

22 country of concern may submit to the Sec23 retary, not later than 120 days before the 

24 institution enters into such a contract, a 
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1 request to waive the prohibition under sub2 section (a) with respect to such contract. 

3 ‘‘(ii) CONTENTS OF WAIVER RE4 QUEST.—A waiver request submitted by an 

5 institution under clause (i) shall include— 

6 ‘‘(I) the complete and unredacted 

7 text of the proposed contract for 

8 which the waiver is being requested, 

9 and if such original contract is not in 

10 English, a translated copy of the text 

11 into English (in a manner that com12 plies with section 117(c)); and 

13 ‘‘(II) a statement that— 

14 ‘‘(aa) is signed by the com15 pliance officer of the institution 

16 designated in accordance with 

17 section 117(f); and 

18 ‘‘(bb) includes information 

19 that demonstrates that such con20 tract is for the benefit of the in21 stitution’s mission and students 

22 and will promote the security, 

23 stability, and economic vitality of 

24 the United States. 

25 ‘‘(B) RENEWAL WAIVER REQUESTS.— 
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1 ‘‘(i) IN GENERAL.—An institution 

2 that has entered into a contract pursuant 

3 to a waiver issued under this section, the 

4 term of which is longer than the 1-year 

5 waiver period and the terms and conditions 

6 of which remain the same as the proposed 

7 contract submitted as part of the request 

8 for such waiver may submit, not later than 

9 120 days before the expiration of such 

10 waiver period, a request for a renewal of 

11 such waiver for an additional 1-year period 

12 (which shall include any information re13 quested by the Secretary). 

14 ‘‘(ii) TERMINATION.—If the institu15 tion fails to submit a request under clause 

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

17 clause, such institution shall terminate 

18 such contract on the last day of the origi19 nal 1-year waiver period. 

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

21 ‘‘(A) not later than 60 days before an in22 stitution enters into a contract pursuant to a 

23 waiver request under paragraph (1)(A), or be24 fore a contract described in paragraph (1)(B)(i) 
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1 is renewed pursuant to a renewal request under 

2 such paragraph, shall notify the institution— 

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

4 issued by the Secretary; and 

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

6 renewal will be issued, the date on which 

7 the 1-year waiver period starts; and 

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

9 section to an institution if the Secretary deter10 mines, in consultation with the heads of each 

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

12 that the contract for which the waiver is being 

13 requested is for the benefit of the institution’s 

14 mission and students and will promote the secu15 rity, stability, and economic vitality of the 

16 United States. 

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

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

19 Secretary shall notify the— 

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

21 Workforce of the House of Representatives; and 

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

23 Labor, and Pensions of the Senate, 

24 of the intent to issue the waiver, including a jus25 tification for the waiver. 
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1 ‘‘(4) APPLICATION OF WAIVERS.—A waiver 

2 issued under this section to an institution with re3 spect to a contract shall only— 

4 ‘‘(A) waive the prohibition under sub5 section (a) for a 1-year period; and 

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

7 the proposed contract submitted as part of the 

8 request for such waiver. 

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

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

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

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

13 of such contract, is designated as a foreign country of con14 cern or foreign entity of concern, such institution shall ter15 minate such contract not later than 60 days after the Sec16 retary notifies the institution of such designation. 

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

18 ‘‘(1) IN GENERAL.—In the case of an institu19 tion that has entered into a contract with a foreign 

20 country of concern or foreign entity of concern prior 

21 to the date of the enactment of the DETERRENT 

22 Act— 

23 ‘‘(A) the institution shall immediately sub24 mit to the Secretary a waiver request in accord25 ance with subsection (b)(1)(A)(ii); and 
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1 ‘‘(B) the Secretary shall, upon receipt of 

2 the request submitted under paragraph (1), im3 mediately issue a waiver to the institution for a 

4 period beginning on the date on which the waiv5 er is issued and ending on the sooner of— 

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

7 date of the enactment of the DETER8 RENT Act; or 

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

10 terminates. 

11 ‘‘(2) RENEWAL.—An institution that has en12 tered into a contract described in paragraph (1), the 

13 term of which is longer than the waiver period de14 scribed in subparagraph (B) of such paragraph and 

15 the terms and conditions of which remain the same 

16 as the contract submitted as part of the request re17 quired under subparagraph (A) of such paragraph, 

18 may submit a request for renewal of the waiver 

19 issued under such paragraph in accordance with 

20 subsection (b)(1)(B). 

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

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

23 (c) INTERAGENCY INFORMATION SHARING.—Not 

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

25 Act, the Secretary of Education shall transmit to the 
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1 heads of each agency and department listed in section 

2 117(e) of the Higher Education Act of 1965, as amended 

3 by this Act— 

4 (1) any report received by the Department of 

5 Education under section 117 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1011f) prior to the 

7 date of the enactment of this Act; and 

8 (2) any report, document, or other record gen9 erated by the Department of Education in the 

10 course of an investigation— 

11 (A) of an institution with respect to the 

12 compliance of such institution with such sec13 tion; and 

14 (B) initiated prior to the date of the enact15 ment of this Act. 

16 SEC. 3. POLICY REGARDING CONFLICTS OF INTEREST 

17 FROM FOREIGN GIFTS AND CONTRACTS. 

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

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

20 amended by inserting after section 117A the following: 

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

22 GIFTS AND CONTRACTS TO FACULTY AND 

23 STAFF. 

24 ‘‘(a) REQUIREMENT TO MAINTAIN POLICY AND

25 DATABASE.—Beginning not later than 90 days after the 
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1 date of the enactment of the DETERRENT Act, each in2 stitution described in subsection (b) shall maintain— 

3 ‘‘(1) a policy requiring covered individuals em4 ployed at the institution to disclose in a report to 

5 such institution on July 31 of each calendar year 

6 that begins after the year in which such enactment 

7 date occurs— 

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

9 source in the previous calendar year, the value 

10 of which is greater than the minimal value (as 

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

12 5, United States Code) or is of undetermined 

13 value, and including the date on which the gift 

14 was received; 

15 ‘‘(B) any contract entered into with a for16 eign source in the previous calendar year, the 

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

18 alone or in combination with all other contracts 

19 with that foreign source within the calendar 

20 year, and including the date on which such con21 tract commences and, as applicable, the date on 

22 which such contract terminates; 

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

24 force during the previous calendar year that has 

25 an undetermined monetary value, and including 
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1 the date on which such contract commences 

2 and, as applicable, the date on which such con3 tract terminates; and 

4 ‘‘(D) any contract entered into with a for5 eign country of concern or foreign entity of con6 cern in the previous calendar year, the value of 

7 which is $0 or more, and including the begin8 ning and ending dates of such contract and the 

9 full text of such contract and any addenda; 

10 ‘‘(2) a publicly available and searchable data11 base (in electronic and downloadable format), on a 

12 website of the institution, of the information re13 quired to be disclosed under paragraph (1) (other 

14 than the name or any other personally identifiable 

15 information of a covered individual) that— 

16 ‘‘(A) makes available the information dis17 closed under paragraph (1) (other than the 

18 name or any other personally identifiable infor19 mation of a covered individual) beginning on 

20 the date that is 30 days after receipt of the re21 port under such paragraph containing such in22 formation and until the latest of— 

23 ‘‘(i) the date that is 5 years after the 

24 date on which— 
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1 ‘‘(I) a gift referred to in para2 graph (1)(A) is received; or 

3 ‘‘(II) a contract referred to in 

4 subparagraph (B), (C) or (D) of para5 graph (1) begins; or 

6 ‘‘(ii) the date on which a contract re7 ferred to in subparagraph (B), (C) or (D) 

8 of paragraph (1) terminates; and 

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

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

11 date commenced (if a contract); 

12 ‘‘(ii) the attributable country with re13 spect to which information is being dis14 closed; 

15 ‘‘(iii) the narrowest of the depart16 ment, school, or college of the institution, 

17 as applicable, for which the individual 

18 making the disclosure works; and 

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

20 (other than a foreign source who is a nat21 ural person); and 

22 ‘‘(3) an effective plan to identify and manage 

23 potential information gathering by foreign sources 

24 through espionage targeting covered individuals that 

25 may arise from gifts received from, or contracts en-
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1 tered into with, a foreign source, including through 

2 the use of— 

3 ‘‘(A) periodic communications; 

4 ‘‘(B) accurate reporting under paragraph 

5 (2) of the information required to be disclosed 

6 under paragraph (1); and 

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

8 paragraph (1); and 

9 ‘‘(4) for purposes of investigations under sec10 tion 117D(a)(1) or responses to requests under sec11 tion 552 of title 5, United States Code (commonly 

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

13 names of the individuals making disclosures under 

14 paragraph (1). 

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

16 to the requirements of this section if such institution— 

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

18 of any program authorized under title IV; and 

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

20 Federal funds in any of the previous five calendar 

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

22 development (as determined by the institution and 

23 measured by the Higher Education Research and 

24 Development Survey of the National Center for 

25 Science and Engineering Statistics); or 
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1 ‘‘(B) receives funds under title VI. 

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

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

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

5 ‘‘(2) the term ‘contract’— 

6 ‘‘(A) means any— 

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

8 purchase, lease, or barter, of property or 

9 services by a foreign source; 

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

11 transaction with a foreign source involving 

12 the use or exchange of the name, likeness, 

13 time, services, or resources of covered indi14 viduals employed at an institution de15 scribed in subsection (b); or 

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

17 property or services from a foreign source 

18 that is a foreign country of concern or a 

19 foreign entity of concern; and 

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

21 arms-length agreement made by covered indi22 viduals for the acquisition, by purchase, lease, 

23 or barter of property or services from a foreign 

24 source other than such a foreign source that is 
30 

•HR 5933 EH

1 a foreign country of concern or a foreign entity 

2 of concern; and 

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

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

5 section 223(d) of the William M. (Mac) Thorn6 berry National Defense Authorization Act for 

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

8 ‘‘(B) shall be interpreted in accordance 

9 with the Guidance for Implementing National 

10 Security Presidential Memorandum 33 (NSPM– 

11 33) on National Security Strategy for United 

12 States Government-supported Research and De13 velopment published by the Subcommittee on 

14 Research Security and the Joint Committee on 

15 the Research Environment in January 2022.’’. 

16 SEC. 4. INVESTMENT DISCLOSURE REPORT. 

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

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

19 amended by inserting after section 117B the following: 

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

21 ‘‘(a) INVESTMENT DISCLOSURE REPORT.—A speci22 fied institution shall file a disclosure report in accordance 

23 with subsection (b) with the Secretary on July 31 imme24 diately following any calendar year in which the specified 

25 institution purchases, sells, or holds (directly or indirectly 
31 

•HR 5933 EH

1 through any chain of ownership) one or more investments 

2 of concern. 

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

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

5 calendar year shall contain the following: 

6 ‘‘(1) A list of the investments of concern pur7 chased, sold, or held during such calendar year. 

8 ‘‘(2) The aggregate fair market value of all in9 vestments of concern held as of the close of such cal10 endar year. 

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

12 concern sold over the course of such calendar year, 

13 as measured by the fair market value of such invest14 ments at the time of the sale. 

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

16 from such sales of investments of concern. 

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

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

19 acquired through a regulated investment company, 

20 exchange traded fund, or any other pooled invest21 ment shall be treated as acquired through a chain of 

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

23 pooled investment is certified by the Secretary as 

24 not holding any listed investments in accordance 

25 with subparagraph (B) of paragraph (2). 
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1 ‘‘(2) CERTIFICATIONS OF POOLED FUNDS.— 

2 The Secretary, after consultation with the Secretary 

3 of the Treasury, shall establish procedures under 

4 which certain regulated investment companies, ex5 change traded funds, and other pooled invest6 ments— 

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

8 the requirements under subsection (b); and 

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

10 not holding any listed investments. 

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

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

13 organization (as defined in section 4968(d)(2) of the In14 ternal Revenue Code of 1986) with respect to a specified 

15 institution shall be treated as held by such specified insti16 tution, except that— 

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

18 with respect to more than 1 specified institution; 

19 and 

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

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

22 of the Internal Revenue Code of 1986 with respect 

23 to such institution, assets which are not intended or 

24 available for the use or benefit of such specified in25 stitution shall not be taken into account. 
33 

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

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

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

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

9 application of this section with respect to certain regulated 

10 investment companies, exchange traded funds, and pooled 

11 investments. 

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

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

15 and maintain a compliance officer, who shall— 

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

17 agent of such institution; 

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

19 for personally certifying accurate compliance with 

20 the reporting requirements under this section; and 

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

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

23 established institutional policy and conducted good 

24 faith efforts and reasonable due diligence to deter-
34 

•HR 5933 EH

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

3 ‘‘(h) DATABASE REQUIREMENT.—Beginning not 

4 later than 60 days before the July 31 immediately fol5 lowing the date of the enactment of the DETERRENT 

6 Act, the Secretary shall— 

7 ‘‘(1) establish and maintain a searchable data8 base on a website of the Department, under which 

9 all reports submitted under this section— 

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

12 information provided in such reports; 

13 ‘‘(B) can be individually identified and 

14 compared; and 

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

16 ‘‘(2) not later than 30 days after receipt of a 

17 disclosure report under this section, include such re18 port in such database. 

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

20 ‘‘(1) INVESTMENT OF CONCERN.— 

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

22 of concern’ means any specified interest with 

23 respect to any of the following: 

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

25 ‘‘(ii) A foreign entity of concern. 
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•HR 5933 EH

1 ‘‘(B) SPECIFIED INTEREST.—The term 

2 ‘specified interest’ means, with respect to any 

3 entity— 

4 ‘‘(i) stock or any other equity or prof5 its interest of such entity; 

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

7 ‘‘(iii) any contract or derivative with 

8 respect to any property described in clause 

9 (i) or (ii). 

10 ‘‘(2) SPECIFIED INSTITUTION.— 

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

12 institution’, as determined with respect to any 

13 calendar year, means an institution if— 

14 ‘‘(i) such institution is not a public in15 stitution; and 

16 ‘‘(ii) the aggregate fair market value 

17 of— 

18 ‘‘(I) the assets held by such insti19 tution at the end of such calendar 

20 year (other than those assets which 

21 are used directly in carrying out the 

22 institution’s exempt purpose) is in ex23 cess of $6,000,000,000; or 

24 ‘‘(II) the investments of concern 

25 held by such institution at the end of 
36 

•HR 5933 EH

1 such calendar year is in excess of 

2 $250,000,000 

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

4 For the purpose of applying the definition 

5 under subparagraph (A), the terms ‘aggregate 

6 fair market value’ and ‘assets which are used 

7 directly in carrying out the institution’s exempt 

8 purpose’ shall be applied in the same manner as 

9 such terms are applied for the purposes of sec10 tion 4968(b)(1)(D) of the Internal Revenue 

11 Code of 1986.’’. 

12 SEC. 5. ENFORCEMENT AND OTHER GENERAL PROVISIONS. 

13 (a) ENFORCEMENT AND OTHER GENERAL PROVI14 SIONS.—The Higher Education Act of 1965 (20 U.S.C. 

15 1001 et seq.), as amended by section 4 of this Act, is fur16 ther amended by inserting after section 117C the fol17 lowing: 

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

19 ‘‘(a) ENFORCEMENT.— 

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

21 through the General Counsel of the Department) 

22 shall conduct investigations of possible violations of 

23 sections 117, 117A, 117B, and 117C by institutions 

24 and, whenever it appears that an institution has 

25 knowingly or willfully failed to comply with a re-
37 

•HR 5933 EH

1 quirement of any of such sections (including any 

2 rule or regulation promulgated under any such sec3 tion), shall request that the Attorney General bring 

4 a civil action in accordance with paragraph (2). 

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

6 an institution has knowingly or willfully failed to 

7 comply with a requirement of any of the sections 

8 listed in paragraph (1) (including any rule or regula9 tion promulgated under any such section) based on 

10 such an investigation, a civil action shall be brought 

11 by the Attorney General, at the request of the Sec12 retary, in an appropriate district court of the United 

13 States, or the appropriate United States court of 

14 any territory or other place subject to the jurisdic15 tion of the United States, to request such court to 

16 compel compliance with the requirement of the sec17 tion that has been violated. 

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

19 that is compelled to comply with a requirement of a 

20 section listed in paragraph (1) pursuant to para21 graph (2) shall— 

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

23 States the full costs to the United States of ob24 taining compliance with the requirement of such 
38 

•HR 5933 EH

1 section, including all associated costs of inves2 tigation and enforcement; and 

3 ‘‘(B) be subject to the applicable fines de4 scribed in paragraph (4). 

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

6 shall impose a fine on an institution that knowingly 

7 or willfully fails to comply with a requirement of a 

8 section listed in paragraph (1) as follows: 

9 ‘‘(A) SECTION 117.— 

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

11 case of an institution that knowingly or 

12 willfully fails to comply with a requirement 

13 of section 117 with respect to a calendar 

14 year, and that has not previously know15 ingly or willfully failed to comply with such 

16 a requirement, the Secretary shall impose 

17 a fine on the institution for such violation 

18 as follows: 

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

20 that knowingly or willfully fails to 

21 comply with a reporting requirement 

22 under subsection (a)(1) of section 

23 117, such fine shall be in an amount 

24 that is— 
39 

•HR 5933 EH

1 ‘‘(aa) not less than $50,000 

2 but not more than the monetary 

3 value of the gift from, or contract 

4 with, the foreign source; or 

5 ‘‘(bb) in the case of a gift or 

6 contract of no value or of inde7 terminable value, not less than 1 

8 percent, and not more than 10 

9 percent of the total amount of 

10 Federal funds received by the in11 stitution under this Act for the 

12 most recent fiscal year. 

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

14 that knowingly or willfully fails to 

15 comply with the reporting requirement 

16 under subsection (a)(2) of section 

17 117, such fine shall be in an amount 

18 that is not less than 10 percent of the 

19 total amount of Federal funds re20 ceived by the institution under this 

21 Act for the most recent fiscal year. 

22 ‘‘(ii) SUBSEQUENT VIOLATIONS.—In 

23 the case of an institution that has been 

24 fined pursuant to clause (i) with respect to 

25 a calendar year, and that knowingly or 
40 

•HR 5933 EH

1 willfully fails to comply with a requirement 

2 of section 117 with respect to any addi3 tional calendar year, the Secretary shall 

4 impose a fine on the institution with re5 spect to any such additional calendar year 

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 117 

11 with respect to an additional calendar 

12 year, such fine shall be in an amount 

13 that is— 

14 ‘‘(aa) not less than 

15 $100,000 but not more than 

16 twice the monetary value of the 

17 gift from, or contract with, the 

18 foreign source; or 

19 ‘‘(bb) in the case of a gift or 

20 contract of no value or of inde21 terminable value, not less than 1 

22 percent, but not more than 10 

23 percent, of the total amount of 

24 Federal funds received by the in-
41 

•HR 5933 EH

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 re11 ceived by the institution under this 

12 Act for 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 institu19 tion in an amount that is not less than 5 

20 percent, but not more than 10 percent, of 

21 the total amount of Federal funds received 

22 by 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 
42 

•HR 5933 EH

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 

8 institution under this Act for the most re9 cent 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 know16 ingly or willfully failed to comply with such 

17 a requirement, the Secretary shall impose 

18 a fine on the institution of not less than 

19 $250,000, but not more than the total 

20 amount of gifts or contracts reported by 

21 such institution in the database required 

22 under section 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 
43 

•HR 5933 EH

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 re6 spect to any such additional calendar year 

7 in an amount that is not less than 

8 $500,000, but not more than twice the 

9 total amount of gifts or contracts reported 

10 by such institution in the database re11 quired under section 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 

17 a calendar year, and that has not pre18 viously knowingly or willfully failed to com19 ply with such a requirement, the Secretary 

20 shall impose a fine on the institution in an 

21 amount that is not less than 50 percent 

22 and not more than 100 percent of the sum 

23 of— 

24 ‘‘(I) the aggregate fair market 

25 value of all investments of concern 
44 

•HR 5933 EH

1 held by such institution as of the close 

2 of such calendar year; and 

3 ‘‘(II) the combined value of all 

4 investments 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 

18 100 percent and not more than 200 per19 cent of the sum of— 

20 ‘‘(I) the aggregate fair market 

21 value of all investments of concern 

22 held by such institution as of the close 

23 of such additional calendar year; and 

24 ‘‘(II) the combined value of all 

25 investments of concern sold over the 
45 

•HR 5933 EH

1 course of such additional calendar 

2 year, as measured by the fair market 

3 value of such investments at the time 

4 of the sale. 

5 ‘‘(E) INELIGIBILTY FOR WAIVER.——In 

6 the case of an institution that has been fined 

7 pursuant to subparagraph (A)(i), (B)(i) (C)(i), 

8 or (D)(i) with respect to a calendar year, and 

9 that knowingly or willfully fails to comply with 

10 a requirement of section 117, 117A, 117B, or 

11 117C with respect to any 2 additional calendar 

12 years, the Secretary shall prohibit the institu13 tion from obtaining a waiver, or a renewal of a 

14 waiver, under section 117A. 

15 ‘‘(b) SINGLE POINT-OF-CONTACT AT THE DEPART16 MENT.—The Secretary shall maintain a single point-of17 contact at the Department to— 

18 ‘‘(1) receive and respond to inquiries and re19 quests for technical assistance from institutions re20 garding compliance with the requirements of sec21 tions 117, 117A, 117B, and 117C; 

22 ‘‘(2) coordinate and implement technical im23 provements to the database described in section 

24 117(d)(1), including— 
46 

•HR 5933 EH

1 ‘‘(A) improving upload functionality by al2 lowing for batch reporting, including by allow3 ing institutions to upload one file with all re4 quired information into the database; 

5 ‘‘(B) publishing and maintaining a data6 base users guide annually, including informa7 tion on how to edit an entry and how to report 

8 errors; 

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

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

11 shall not apply) to discuss possible database im12 provements, which group shall— 

13 ‘‘(i) include at least— 

14 ‘‘(I) 3 members representing 

15 public institutions with high or very 

16 high levels of research activity (as de17 fined by the National Center for Edu18 cation Statistics); 

19 ‘‘(II) 2 members representing 

20 private, nonprofit institutions with 

21 high or very high levels of research 

22 activity (as so defined); 

23 ‘‘(III) 2 members representing 

24 proprietary institutions of higher edu-
47 

•HR 5933 EH

1 cation (as defined in section 102(b)); 

2 and 

3 ‘‘(IV) 2 members representing 

4 area career and technical education 

5 schools (as defined in subparagraph 

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

7 D. Perkins Career and Technical 

8 Education Act of 2006 (20 U.S.C. 

9 2302(3)); and 

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

11 officials from the Department to discuss 

12 possible database improvements; 

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

14 website, recommended database improvements 

15 following each meeting described in subpara16 graph (C)(ii); and 

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

18 website, to each recommendation published 

19 under subparagraph (D) as to whether or not 

20 the Department will implement the rec21 ommendation, including the rationale for either 

22 approving or rejecting the recommendation; 

23 ‘‘(3) provide, every 90 days after the date of en24 actment of the DETERRENT Act, status updates 
48 

•HR 5933 EH

1 on any pending or completed investigations and civil 

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

3 ‘‘(A) the authorizing committees; and 

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

5 such investigation or action; 

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

7 website— 

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

9 countries of concern and foreign entities of con10 cern; and 

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

12 made to such list; and 

13 ‘‘(5) not later than 7 days after making an up14 date to the list maintained in paragraph (4)(A), no15 tify each institution required to comply with the sec16 tions listed in paragraph (1) of such update. 

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

18 117A, 117B, 117C, and this section: 

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

20 term ‘foreign country of concern’ includes the fol21 lowing: 

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

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

24 States Code). 
49 

•HR 5933 EH

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

2 consultation with the Secretary of Defense, the 

3 Secretary of State, and the Director of National 

4 Intelligence, determines to be engaged in con5 duct that is detrimental to the national security 

6 or foreign policy of the United States. 

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

8 term ‘foreign entity of concern’ has the meaning 

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

10 and Development, Competition, and Innovation Act 

11 (42 U.S.C. 19221(a)) and includes a foreign entity 

12 that is identified on the list published under section 

13 1286(c)(8)(A) of the John S. McCain National De14 fense Authorization Act for Fiscal Year 2019 (10 

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

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

17 means an institution of higher education (as such 

18 term is defined in section 102, other than an institu19 tion described in subsection (a)(1)(c) of such sec20 tion).’’. 

21 (b) PROGRAM PARTICIPATION AGREEMENT.—Section 

22 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

23 1094) is amended by adding at the end the following: 

24 ‘‘(30)(A) An institution will comply with the re25 quirements of sections 117, 117A, 117B, and 117C. 
50 

•HR 5933 EH

1 ‘‘(B) An institution that, for 3 consecutive in2 stitutional fiscal years, violates any requirement of 

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

4 shall— 

5 ‘‘(i) be ineligible to participate in the pro6 grams authorized by this title for a period of 

7 not less than 2 institutional fiscal years; and 

8 ‘‘(ii) in order to regain eligibility to partici9 pate in such programs, demonstrate compliance 

10 with all requirements of each such section for 

11 not less than 2 institutional fiscal years after 

12 the institutional fiscal year in which such insti13 tution became ineligible.’’. 

14 (c) GAO STUDY AND REPORT.— 

15 (1) STUDY.—Not later than 180 days after the 

16 date of enactment of this Act, the Comptroller Gen17 eral of the United States shall initiate a study to 

18 identify ways to improve intergovernmental agency 

19 coordination regarding implementation and enforce20 ment of sections 117, 117A, 117B, and 117C of the 

21 Higher Education Act of 1965 (20 U.S.C. 1011f), 

22 as amended or added by this Act, including increas23 ing information sharing, increasing compliance rates, 

24 and establishing processes for enforcement. 
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1 (2) REPORT.—Not later than 3 years after the 

2 date of enactment of this Act, the Comptroller Gen3 eral of the United States shall submit to Congress, 

4 and make public, a report containing the results of 

5 the study described in paragraph (1). 

Passed the House of Representatives December 6, 

2023. 

Attest: 

Clerk. 
118TH CONGRESS 

1ST SESSION H. R. 5933 

AN ACT 

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 for-