IB 
Union Calendar No. 9 
119TH CONGRESS 
1ST SESSION H. R. 1048 
[Report No. 119–16] 
To amend the Higher Education Act of 1965 to strengthen disclosure require-
ments relating to foreign gifts and contracts, to prohibit contracts be-
tween institutions of higher education and certain foreign entities and 
countries of concern, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2025 
Mr. BAUMGARTNER (for himself, Mr. MESSMER, Mr. OWENS, Mr. ALLEN, Mr. 
KILEY of California, Mr. WALBERG, Mr. WILSON of South Carolina, Mr. 
RULLI, Ms. FOXX, and Mr. GROTHMAN) introduced the following bill; 
which was referred to the Committee on Education and Workforce 
MARCH 14, 2025 
Additional sponsors: Mr. ONDER, Ms. TENNEY, Mr. THOMPSON of Pennsyl-
vania, Mr. WEBER of Texas, Mr. BARR, Mrs. HOUCHIN, Mr. BEAN of 
Florida, Mr. DAVIS of North Carolina, Mr. FINSTAD, Ms. PEREZ, Mr. 
JAMES, and Mr. MOOLENAAR 
MARCH 14, 2025 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[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 February 6, 2025] 
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A BILL 
To amend the Higher Education Act of 1965 to strengthen 
disclosure requirements relating to foreign gifts and con-
tracts, to prohibit contracts between institutions of high-
er education and certain foreign entities and countries 
of concern, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Defending Education 
Transparency and Ending Rogue Regimes Engaging in Ne-
farious Transactions Act’’ or the ‘‘DETERRENT Act’’. 
SEC. 2. DISCLOSURES OF FOREIGN GIFTS. 
(a) IN GENERAL.—Section 117 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1011f) is amended to read 
as follows: 
‘‘SEC. 117. DISCLOSURES OF FOREIGN GIFTS. 
‘‘(a) DISCLOSURE REPORTS.— 
‘‘(1) AGGREGATE GIFTS AND CONTRACT DISCLO-
SURES.—An institution shall file with the Secretary, 
in accordance with subsection (b)(1), a disclosure re-
port on July 31 of the calendar year immediately fol-
lowing any calendar year in which— 
‘‘(A) the institution receives a gift from, or 
enters into a contract with, a foreign source 
(other than a foreign country of concern or for-
eign entity of concern)— 
‘‘(i) the value of which is $50,000 or 
more, considered alone or in combination 
with all other gifts from, or contracts with, 
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that foreign source within the calendar 
year; or 
‘‘(ii) the value of which is undeter-
mined; or 
‘‘(B) the institution— 
‘‘(i) receives a gift from a foreign coun-
try of concern or foreign entity of concern; 
or 
‘‘(ii) upon receiving a waiver under 
section 117A to enter into a contract with 
such a country or entity, enters into such 
contract, without regard to the value of such 
gift or contract. 
‘‘(2) FOREIGN SOURCE OWNERSHIP OR CONTROL 
DISCLOSURES.—Notwithstanding paragraph (1), in 
the case of an institution that is substantially con-
trolled (as described in section 668.174(c)(3) of title 
34, Code of Federal Regulations) (or successor regula-
tions)) by a foreign source, the institution shall file 
with the Secretary, in accordance with subsection 
(b)(2), a disclosure report on July 31 of each year. 
‘‘(3) TREATMENT
OF
AFFILIATED
ENTITIES.— 
For purposes of this section, any gift to, or contract 
with, an affiliated entity of an institution shall be 
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considered a gift to, or contract with, respectively, 
such institution. 
‘‘(b) CONTENTS OF REPORT.— 
‘‘(1) GIFTS AND CONTRACTS.—Each report to the 
Secretary required under subsection (a)(1) shall con-
tain the following: 
‘‘(A) With respect to a gift received from, or 
a contract entered into with, any foreign 
source— 
‘‘(i) the terms of such gift or contract, 
including— 
‘‘(I) the name of the individual, 
department, or other entity at the in-
stitution receiving the gift or carrying 
out the contract on behalf of the insti-
tution; 
‘‘(II) the foreign source’s intended 
purpose of such gift or contract, or, in 
the absence of such a purpose, the man-
ner in which the institution intends to 
use such gift or contract; and 
‘‘(III) in the case of a restricted 
or conditional gift or contract, a de-
scription of the restrictions or condi-
tions of such gift or contract; 
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‘‘(ii) with respect to a gift— 
‘‘(I) the total fair market dollar 
amount or dollar value of the gift, as 
of the date of submission of such re-
port; and 
‘‘(II) the date on which the insti-
tution received such gift; 
‘‘(iii) with respect to a contract— 
‘‘(I) the total fair market dollar 
amount or dollar value of the contract, 
as of the date of submission of such re-
port; 
‘‘(II) the date on which the insti-
tution enters into such contract; 
‘‘(III) the date on which such con-
tract first takes effect; 
‘‘(IV) if the contract has a termi-
nation date, such termination date; 
and 
‘‘(V) an assurance that the insti-
tution will— 
‘‘(aa) 
maintain 
an 
unredacted copy of the contract 
until the latest of— 
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‘‘(AA) the date that is 5 
years after the date on which 
such contract first takes ef-
fect; 
‘‘(BB) the date on which 
the contract terminates; or 
‘‘(CC) the last day of 
any period that applicable 
State law requires a copy of 
such contract to be main-
tained; and 
‘‘(bb) upon request of the 
Secretary during an investigation 
under section 117D(a)(1), produce 
such an unredacted copy of the 
contract; and 
‘‘(iv) an assurance that in a case in 
which information is required to be dis-
closed under this section with respect to a 
gift or contract that is not in English, such 
information is translated into English in 
accordance with subsection (c). 
‘‘(B) With respect to a gift received from, or 
a contract entered into with, a foreign source 
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that is a foreign government (other than the gov-
ernment of a foreign country of concern)— 
‘‘(i) the name of such foreign govern-
ment; 
‘‘(ii) the department, agency, office, or 
division of such foreign government that ap-
proved such gift or contract, as applicable; 
and 
‘‘(iii) the physical mailing address of 
such department, agency, office, or division. 
‘‘(C) With respect to a gift received from, or 
contract entered into with, a foreign source 
(other than a foreign government subject to the 
requirements of subparagraph (B))— 
‘‘(i) the legal name of the foreign 
source, or, if such name is not available, a 
statement certified by a compliance officer 
in accordance with section 117D(c) that the 
institution has reasonably attempted to ob-
tain such name; 
‘‘(ii) in the case of a foreign source 
that is a natural person, the country of citi-
zenship of such person, or, if such country 
is not known, the principal country of resi-
dence of such person; 
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‘‘(iii) in the case of a foreign source 
that is a legal entity, the country in which 
such entity is incorporated, or, if such in-
formation is not available, the principal 
place of business of such entity; 
‘‘(iv) the physical mailing address of 
such foreign source, or, if such address is 
not available, a statement certified by a 
compliance officer in accordance with sec-
tion 117D(c) that the institution has rea-
sonably attempted to obtain such address; 
and 
‘‘(v) any affiliation of the foreign 
source to an organization that is designated 
as a foreign terrorist organization pursuant 
to section 219 of the Immigration and Na-
tionality Act (8 U.S.C. 1189). 
‘‘(D) With respect to a contract entered into 
with a foreign source that is a foreign country 
of concern or a foreign entity of concern— 
‘‘(i) a complete and unredacted text of 
the original contract, and if such original 
contract is not in English, a translated 
copy in accordance with subsection (c); 
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‘‘(ii) a copy of the waiver received 
under section 117A for such contract; and 
‘‘(iii) the statement submitted by the 
institution for purposes of receiving such a 
waiver under section 117A(b)(2). 
‘‘(2) FOREIGN
SOURCE
OWNERSHIP
OR
CON-
TROL.—Each report to the Secretary required under 
subsection (a)(2) shall contain— 
‘‘(A) the legal name and address of the for-
eign source that owns or controls the institution; 
‘‘(B) the date on which the foreign source 
assumed ownership or control; and 
‘‘(C) any changes in program or structure 
resulting from the change in ownership or con-
trol. 
‘‘(c) TRANSLATION REQUIREMENTS.—Any informa-
tion required to be disclosed under this section with respect 
to a gift or contract that is not in English shall be trans-
lated, for purposes of such disclosure, by a person that is 
not an affiliated entity or agent of the foreign source in-
volved with such gift or contract. 
‘‘(d) PUBLIC INSPECTION.— 
‘‘(1) DATABASE REQUIREMENT.—Beginning not 
later than May 31 of the calendar year following the 
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date of enactment of the DETERRENT Act, the Sec-
retary shall— 
‘‘(A) establish and maintain a searchable 
database on a website of the Department, under 
which all reports submitted under this section 
(including any report submitted under this sec-
tion before the date of enactment of the DETER-
RENT Act)— 
‘‘(i) are made publicly available (in 
electronic and downloadable format), in-
cluding any information provided in such 
reports (other than the information prohib-
ited from being publicly disclosed pursuant 
to paragraph (2)); 
‘‘(ii) can be individually identified 
and compared; and 
‘‘(iii) are searchable and sortable— 
‘‘(I) by the institution that filed 
such report; 
‘‘(II) by the date on which the in-
stitution filed such report; 
‘‘(III) by the date on which the 
institution received the gift which is 
the subject of the report; 
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‘‘(D) with respect to a disclosure report that 
does not include the name or address of a foreign 
source, indicate, as part of the public record of 
such report included in such database, that such 
report did not include such information. 
‘‘(2) 
NAME
AND
ADDRESS
OF
FOREIGN 
SOURCE.—The Secretary shall not disclose the name 
or address of a foreign source that is a natural person 
(other than the attributable country of such foreign 
source) included in a disclosure report— 
‘‘(A) as part of the public record of such 
disclosure report described in paragraph (1); or 
‘‘(B) in response to a request under section 
552 of title 5, United States Code (commonly 
known as the ‘Freedom of Information Act’), 
pursuant to subsection (b)(3) of such section. 
‘‘(e) INTERAGENCY INFORMATION SHARING.—Not later 
than 30 days after receiving a disclosure report from an 
institution in compliance with this section, the Secretary 
shall transmit an unredacted copy of such report (that in-
cludes the name and address of a foreign source disclosed 
in such report) to the Director of the Federal Bureau of 
Investigation, the Director of National Intelligence, the Di-
rector of the Central Intelligence Agency, the Secretary of 
State, the Secretary of Defense, the Attorney General, the 
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Secretary of Commerce, the Secretary of Homeland Secu-
rity, the Secretary of Energy, the Director of the National 
Science Foundation, and the Director of the National Insti-
tutes of Health. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) AFFILIATED ENTITY.—The term ‘affiliated 
entity’, when used with respect to an institution, 
means an entity or organization that operates pri-
marily for the benefit of, or under the auspices of, 
such institution, including a foundation of the insti-
tution or a related entity (such as any educational, 
cultural, or language entity). 
‘‘(2) ATTRIBUTABLE
COUNTRY.—The term ‘at-
tributable country’ means— 
‘‘(A) the country of citizenship of a foreign 
source who is a natural person, or, if such coun-
try is unknown, the principal residence (as ap-
plicable) of such foreign source; or 
‘‘(B) the country of incorporation of a for-
eign source that is a legal entity, or, if such 
country is unknown, the principal place of busi-
ness (as applicable) of such foreign source. 
‘‘(3) CONTRACT.—The term ‘contract’— 
‘‘(A) means— 
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‘‘(i) any agreement for the acquisition 
by purchase, lease, or barter of property or 
services by the foreign source; 
‘‘(ii) any affiliation, agreement, or 
similar transaction with a foreign source 
that involves the use or exchange of an in-
stitution’s name, likeness, time, services, or 
resources; and 
‘‘(iii) any agreement for the acquisi-
tion by purchase, lease, or barter, of prop-
erty or services from a foreign source (other 
than an arms-length agreement for such ac-
quisition from a foreign source that is not 
a foreign country of concern or a foreign en-
tity of concern); and 
‘‘(B) does not include an agreement made 
between an institution and a foreign source re-
garding any payment of one or more elements of 
a student’s cost of attendance (as such term is 
defined in section 472), unless such an agreement 
is made for more than 15 students or is made 
under a restricted or conditional contract. 
‘‘(4) FOREIGN
SOURCE.—The term ‘foreign 
source’ means— 
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‘‘(A) a foreign government, including an 
agency of a foreign government; 
‘‘(B) a legal entity, governmental or other-
wise, created under the laws of a foreign state or 
states; 
‘‘(C) a legal entity, governmental or other-
wise, substantially controlled (as described in 
section 668.174(c)(3) of title 34, Code of Federal 
Regulations) (or successor regulations)) by a for-
eign source; 
‘‘(D) a natural person who is not a citizen 
or a national of the United States or a trust ter-
ritory or protectorate thereof; 
‘‘(E) an agent of a foreign source, includ-
ing— 
‘‘(i) a subsidiary or affiliate of a for-
eign legal entity, acting on behalf of a for-
eign source; 
‘‘(ii) a person that operates primarily 
for the benefit of, or under the auspices of, 
a foreign source, including a foundation or 
a related entity (such as any educational, 
cultural, or language entity); and 
‘‘(iii) a person who is an agent of a 
foreign principal (as such term is defined 
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in section 1 of the Foreign Agents Registra-
tion Act of 1938 (22 U.S.C. 611)); and 
‘‘(F) an international organization (as such 
term is defined in the International Organiza-
tions Immunities Act (22 U.S.C. 288)). 
‘‘(5) GIFT.—The term ‘gift’— 
‘‘(A) means any gift of money, property, re-
sources, staff, or services; and 
‘‘(B) does not include— 
‘‘(i) any payment of one or more ele-
ments of a student’s cost of attendance (as 
such term is defined in section 472) to an 
institution by, or scholarship from, a for-
eign source who is a natural person, acting 
in their individual capacity and not as an 
agent for, at the request or direction of, or 
on behalf of, any person or entity (except 
the student), made for not more than 15 
students, and that is not made under a re-
stricted or conditional contract with such 
foreign source; or 
‘‘(ii) assignment or license of registered 
industrial and intellectual property rights, 
such as patents, utility models, trademarks, 
or copyrights, or technical assistance, that 
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are not associated with a category listed in 
the Commerce Control List maintained by 
the Bureau of Industry and Security of the 
Department of Commerce and set forth in 
Supplement No. 1 to part 774 of title 15, 
Code of Federal Regulations (or successor 
regulations); or 
‘‘(iii) decorations (as such term is de-
fined in section 7342(a) of title 5, United 
States Code). 
‘‘(6) RESTRICTED OR CONDITIONAL GIFT OR CON-
TRACT.—The term ‘restricted or conditional gift or 
contract’ means any endowment, gift, grant, contract, 
award, present, or property of any kind which in-
cludes provisions regarding— 
‘‘(A) the employment, assignment, or termi-
nation of faculty; 
‘‘(B) the establishment of departments, cen-
ters, institutes, instructional programs, research 
or lecture programs, or new faculty positions; 
‘‘(C) the selection, admission, or education 
of students; 
‘‘(D) the award of grants, loans, scholar-
ships, fellowships, or other forms of financial aid 
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restricted to students of a specified country, reli-
gion, sex, ethnic origin, or political opinion; or 
‘‘(E) any other restriction on the use of a 
gift or contract.’’. 
(b) PROHIBITION ON CONTRACTS WITH CERTAIN FOR-
EIGN ENTITIES AND COUNTRIES.—Part B of title I of the 
Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is 
amended by inserting after section 117 the following: 
‘‘SEC. 117A. PROHIBITION ON CONTRACTS WITH CERTAIN 
FOREIGN ENTITIES AND COUNTRIES. 
‘‘(a) IN GENERAL.—An institution shall not enter into 
a contract with a foreign country of concern or a foreign 
entity of concern. 
‘‘(b) WAIVERS.— 
‘‘(1) IN GENERAL.—A waiver issued under this 
section to an institution with respect to a contract 
shall only— 
‘‘(A) waive the prohibition under subsection 
(a) for a 1-year period; and 
‘‘(B) apply to the terms and conditions of 
the proposed contract submitted as part of the re-
quest for such waiver. 
‘‘(2) SUBMISSION.— 
‘‘(A) FIRST WAIVER REQUESTS.— 
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‘‘(i) IN GENERAL.—An institution that 
desires to enter into a contract with a for-
eign entity of concern or a foreign country 
of concern may submit to the Secretary, not 
later than 120 days before the institution 
enters into such a contract, a request to 
waive the prohibition under subsection (a) 
with respect to such contract. 
‘‘(ii) 
CONTENTS
OF
WAIVER
RE-
QUEST.—A waiver request submitted by an 
institution under clause (i) shall include— 
‘‘(I) the complete and unredacted 
text of the proposed contract for which 
the waiver is being requested, and if 
such original contract is not in 
English, a translated copy of the text 
into English (in a manner that com-
plies with section 117(c)); and 
‘‘(II) a statement that— 
‘‘(aa) is certified by a com-
pliance officer of the institution 
designated in accordance with sec-
tion 117D(c); and 
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‘‘(bb) includes information 
that demonstrates that such con-
tract— 
‘‘(AA) is for the benefit 
of the institution’s mission 
and students; and 
‘‘(BB) will promote the 
security, stability, and eco-
nomic vitality of the United 
States. 
‘‘(B) RENEWAL WAIVER REQUESTS.— 
‘‘(i) 
IN
GENERAL.—An 
institution 
that, pursuant to a waiver issued under this 
section, has entered into a contract, the 
term of which is longer than the 1-year 
waiver period and the terms and conditions 
of which remain the same as the proposed 
contract submitted as part of the request for 
such waiver may submit, not later than 120 
days before the expiration of such waiver 
period, a request for a renewal of such 
waiver for an additional 1-year period 
(which shall include any information re-
quested by the Secretary). 
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‘‘(ii) TERMINATION.—If the institution 
fails to submit a request under clause (i) or 
is not granted a renewal under such clause, 
such institution shall terminate such con-
tract on the last day of the original 1-year 
waiver period. 
‘‘(3) WAIVER ISSUANCE.—The Secretary— 
‘‘(A) not later than 60 days before an insti-
tution enters into a contract pursuant to a waiv-
er request under paragraph (2)(A), or before a 
contract described in paragraph (2)(B)(i) is re-
newed pursuant to a renewal request under such 
paragraph, shall notify the institution— 
‘‘(i) if the waiver or renewal will be 
issued by the Secretary; and 
‘‘(ii) in a case in which the waiver or 
renewal will be issued, the date on which 
the 1-year waiver period starts; and 
‘‘(B) may only issue a waiver under this 
section to an institution if the Secretary deter-
mines, in consultation with each individual list-
ed in section 117(e), that the contract for which 
the waiver is being requested— 
‘‘(i) is for the benefit of the institu-
tion’s mission and students; and 
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‘‘(ii) will promote the security, sta-
bility, and economic vitality of the United 
States. 
‘‘(4) DISCLOSURE.—Not less than 2 weeks prior 
to issuing a waiver under paragraph (2), the Sec-
retary shall notify the authorizing committees of the 
intent to issue the waiver, including a justification 
for the waiver. 
‘‘(c) DESIGNATION DURING CONTRACT TERM.—In the 
case of an institution that enters into a contract with a 
foreign source that is not a foreign country of concern or 
a foreign entity of concern but which, during the term of 
such contract, is designated as a foreign country of concern 
or foreign entity of concern, such institution shall terminate 
such contract not later than 60 days after the Secretary 
notifies the institution of such designation. 
‘‘(d) CONTRACTS PRIOR TO DATE OF ENACTMENT.— 
‘‘(1) IN GENERAL.—In the case of an institution 
that has entered into a contract with a foreign coun-
try of concern or foreign entity of concern prior to the 
date of enactment of the DETERRENT Act— 
‘‘(A) the institution shall as soon as prac-
ticable, but not later than 30 days after such 
date of enactment, submit to the Secretary a 
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waiver request in accordance with clause (ii) of 
subsection (b)(2)(A); and 
‘‘(B) the Secretary shall, upon receipt of the 
request submitted under such clause, issue a 
waiver to the institution for a period beginning 
on the date on which the waiver is issued and 
ending on the sooner of— 
‘‘(i) the date that is 1 year after the 
date of enactment of the DETERRENT Act; 
or 
‘‘(ii) the date on which the contract 
terminates. 
‘‘(2) RENEWAL.—An institution that has entered 
into a contract described in paragraph (1), the term 
of which is longer than the waiver period described in 
subparagraph (B) of such paragraph and the terms 
and conditions of which remain the same as the con-
tract submitted as part of the request required under 
subparagraph (A) of such paragraph, may submit a 
request for renewal of the waiver issued under such 
paragraph in accordance with subsection (b)(2)(B). 
‘‘(e) CONTRACT DEFINED.—The term ‘contract’ has the 
meaning given such term in section 117(f).’’. 
(c) INTERAGENCY INFORMATION SHARING.—Not later 
than 90 days after the date of enactment of this Act, the 
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Secretary of Education shall transmit to each individual 
listed in section 117(e) of the Higher Education Act of 1965, 
as amended by this Act— 
(1) any report received by the Department of 
Education under section 117 of the Higher Education 
Act of 1965 (20 U.S.C. 1011f) prior to the date of en-
actment of this Act; and 
(2) any report, document, or other record gen-
erated by the Department of Education in the course 
of an investigation— 
(A) of an institution with respect to the 
compliance of such institution with such section; 
and 
(B) initiated prior to the date of enactment 
of this Act. 
SEC. 3. POLICY REGARDING CONFLICTS OF INTEREST 
FROM FOREIGN GIFTS AND CONTRACTS. 
The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), as amended by the preceding section, is further 
amended by inserting after section 117A the following: 
‘‘SEC. 117B. INSTITUTIONAL POLICY REGARDING FOREIGN 
GIFTS AND CONTRACTS TO FACULTY AND 
STAFF. 
‘‘(a) REQUIREMENT TO MAINTAIN POLICY AND DATA-
BASE.—Beginning not later than 90 days after the date of 
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enactment of the DETERRENT Act, each institution de-
scribed in subsection (b) shall maintain— 
‘‘(1) a policy requiring covered individuals em-
ployed at the institution to disclose in a report to 
such institution on July 31 of each calendar year that 
begins after the year in which such enactment date 
occurs— 
‘‘(A) any gift received from a foreign source 
in the previous calendar year, the value of which 
is greater than the minimal value (as such term 
is defined in section 7342(a) of title 5, United 
States Code) or is of undetermined value, and 
including the date on which the gift was re-
ceived; 
‘‘(B) any contract with a foreign source 
(other than a foreign country of concern or for-
eign entity of concern) entered into or in effect 
during the previous calendar year, the value of 
which is $5,000 or more, considered alone or in 
combination with all other contracts with that 
foreign source within the calendar year, and in-
cluding the date on which such contract is en-
tered into, the date on which the contract first 
takes effect, and, as applicable, the date on which 
such contract terminates; 
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‘‘(C) any contract with a foreign source 
(other than a foreign country of concern or for-
eign entity of concern) entered into or in effect 
during the previous calendar year that has an 
undetermined monetary value, and including the 
date on which such contract is entered into, the 
date on which the contract first takes effect, and, 
as applicable, the date on which such contract 
terminates; and 
‘‘(D) any contract entered into or in effect 
with a foreign country of concern or foreign enti-
ty of concern during the previous calendar year, 
the value of which is $0 or more or which has 
an undetermined monetary value, and includ-
ing— 
‘‘(i) the date on which such contract is 
entered into; 
‘‘(ii) the date on which the contract 
first takes effect; 
‘‘(iii) if the contract has a termination 
date, such termination date; and 
‘‘(iv) the full text of such contract and 
any addenda; 
‘‘(2) a publicly available and searchable database 
(in electronic and downloadable format), on a website 
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‘‘(ii) if the subject of the disclosure is 
a contract— 
‘‘(I) by the date on which such 
contract is entered into; and 
‘‘(II) by the date on which such 
contract first takes effect; 
‘‘(iii) by the attributable country with 
respect to which information is being dis-
closed; 
‘‘(iv) by the narrowest of the depart-
ment, school, or college of the institution, as 
applicable, for which the individual making 
the disclosure works; and 
‘‘(v) by the name of the foreign source 
(other than a foreign source who is a nat-
ural person); and 
‘‘(3) an effective plan to identify and manage 
potential information gathering by foreign sources 
through espionage targeting covered individuals that 
may arise from gifts received from, or contracts en-
tered into with, a foreign source, including through 
the use of— 
‘‘(A) periodic communications; 
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‘‘(B) accurate reporting under paragraph 
(2) of the information required to be disclosed 
under paragraph (1); and 
‘‘(C) enforcement of the policy described in 
paragraph (1); and 
‘‘(4) for purposes of investigations under section 
117D(a)(1) or responses to requests under section 552 
of title 5, United States Code (commonly known as 
the ‘Freedom of Information Act’), a record of the 
names of the individuals making disclosures under 
paragraph (1). 
‘‘(b) INSTITUTIONS.—An institution shall be subject to 
the requirements of this section if such institution— 
‘‘(1) is an eligible institution for the purposes of 
any program authorized under title IV; and 
‘‘(2)(A) received more than $50,000,000 in Fed-
eral funds in any of the previous five calendar years 
to support (in whole or in part) research and develop-
ment (as determined by the institution and measured 
by the Higher Education Research and Development 
Survey of the National Center for Science and Engi-
neering Statistics); or 
‘‘(B) receives funds under title VI. 
‘‘(c) DEFINITIONS.—In this section— 
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‘‘(1) the terms ‘attributable country’, ‘foreign 
source’, and ‘gift’ have the meanings given such terms 
in section 117(f); 
‘‘(2) the term ‘contract’ means— 
‘‘(A) any agreement for the acquisition by 
purchase, lease, or barter of property or services 
by the foreign source; 
‘‘(B) any affiliation, agreement, or similar 
transaction with a foreign source that involves 
the use or exchange of an institution’s name, 
likeness, time, services, or resources; and 
‘‘(C) any agreement for the acquisition by 
purchase, lease, or barter, of property or services 
from a foreign source (other than an arms-length 
agreement for such acquisition from a foreign 
source that is not a foreign country of concern 
or a foreign entity of concern); and 
‘‘(3) the term ‘covered individual’— 
‘‘(A) has the meaning given such term in 
section 223(d) of the William M. (Mac) Thorn-
berry National Defense Authorization Act for 
Fiscal Year 2021 (42 U.S.C. 6605); and 
‘‘(B) shall be interpreted in accordance with 
the Guidance for Implementing National Secu-
rity Presidential Memorandum 33 (NSPM–33) 
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on National Security Strategy for United States 
Government-Supported Research and Develop-
ment published by the Subcommittee on Research 
Security and the Joint Committee on the Re-
search Environment in January 2022 (or any 
successor guidance).’’. 
SEC. 4. INVESTMENT DISCLOSURE REPORT. 
The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), as amended by this Act, is further amended by in-
serting after section 117B the following: 
‘‘SEC. 117C. INVESTMENT DISCLOSURE REPORT. 
‘‘(a) INVESTMENT DISCLOSURE REPORT.—A specified 
institution shall file a disclosure report in accordance with 
subsection (b) with the Secretary on each July 31 imme-
diately following any calendar year in which the specified 
institution purchases, sells, or holds (directly or indirectly 
through any chain of ownership) one or more investments 
of concern. 
‘‘(b) CONTENTS OF REPORT.—Each report to the Sec-
retary required by subsection (a) shall contain, with respect 
to the calendar year preceding the calendar year in which 
such report is filed, the following information: 
‘‘(1) A list of the investments of concern pur-
chased, sold, or held during such calendar year. 
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‘‘(2) The aggregate fair market value of all in-
vestments of concern held as of the close of such cal-
endar year. 
‘‘(3) The combined value of all investments of 
concern sold over the course of such calendar year, as 
measured by the fair market value of such invest-
ments at the time of the sale. 
‘‘(4) The combined value of all capital gains 
from such sales of investments of concern. 
‘‘(c) TREATMENT
OF
CERTAIN
POOLED
INVEST-
MENTS.— 
‘‘(1) POOLED INVESTMENT CLASSIFICATION.— 
‘‘(A) IN
GENERAL.—For purposes of this 
section, except as provided in subparagraph (B), 
a specified interest acquired by a specified insti-
tution in a regulated investment company, ex-
change traded fund, or any other pooled invest-
ment that holds an investment of concern shall 
be treated as an investment of concern and shall 
be reported pursuant to paragraph (2)(A). 
‘‘(B) CERTIFICATION
OF
POOLED
INVEST-
MENT.—Notwithstanding subparagraph (A), such 
specified interest shall not be subject to subpara-
graph (A) if the Secretary certifies, pursuant to 
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paragraph (2)(B), that such pooled investment is 
not holding an investment of concern. 
‘‘(2) PROCEDURES.—The Secretary, after con-
sultation with the Secretary of the Treasury and the 
Securities and Exchange Commission, shall establish 
procedures under which a pooled investment described 
in paragraph (1)— 
‘‘(A) shall be reported in accordance with 
the requirements of subsection (b); and 
‘‘(B) may be certified under paragraph 
(1)(B) as not holding an investment of concern. 
‘‘(d) TREATMENT OF RELATED ORGANIZATIONS.—For 
purposes of this section, assets held by any related organiza-
tion (as defined in section 4968(d)(2) of the Internal Rev-
enue Code of 1986) with respect to a specified institution 
shall be treated as held by such specified institution, except 
that— 
‘‘(1) such assets shall not be taken into account 
with respect to more than 1 specified institution; and 
‘‘(2) unless such organization is controlled by 
such institution or is described in section 509(a)(3) of 
the Internal Revenue Code of 1986 with respect to 
such institution, assets which are not intended or 
available for the use or benefit of such specified insti-
tution shall not be taken into account. 
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‘‘(e) VALUATION OF DEBT.—For purposes of this sec-
tion, the fair market value of any debt shall be the principal 
amount of such debt. 
‘‘(f) REGULATIONS.—The Secretary, after consultation 
with the Secretary of the Treasury and the Securities and 
Exchange Commission, may issue such regulations or other 
guidance as may be necessary or appropriate to carry out 
the purposes of this section, including regulations or other 
guidance providing for the proper application of this sec-
tion with respect to certain regulated investment compa-
nies, exchange traded funds, and pooled investments. 
‘‘(g) DATABASE REQUIREMENT.—Beginning not later 
than May 31 of the calendar year following the date of en-
actment of the DETERRENT Act, the Secretary shall— 
‘‘(1) establish and maintain a searchable data-
base on a website of the Department, under which all 
reports submitted under this section— 
‘‘(A) are made publicly available (in elec-
tronic and downloadable format), including any 
information provided in such reports; 
‘‘(B) can be individually identified and 
compared; and 
‘‘(C) are searchable and sortable; and 
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‘‘(2) not later than 30 days after receipt of a dis-
closure report under this section, include such report 
in such database. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) INVESTMENT OF CONCERN.— 
‘‘(A) IN GENERAL.—The term ‘investment of 
concern’ means any specified interest with re-
spect to any of the following: 
‘‘(i) A foreign country of concern. 
‘‘(ii) A foreign entity of concern. 
‘‘(B) 
SPECIFIED
INTEREST.—The 
term 
‘specified interest’ means, with respect to any en-
tity— 
‘‘(i) stock or any other equity or profits 
interest of such entity; 
‘‘(ii) debt issued by such entity; and 
‘‘(iii) any contract or derivative with 
respect to any property described in clause 
(i) or (ii). 
‘‘(2) SPECIFIED INSTITUTION.— 
‘‘(A) IN GENERAL.—The term ‘specified in-
stitution’, as determined with respect to any cal-
endar year, means an institution that— 
‘‘(i) is not a public institution; and 
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‘‘(ii) at the close of such calendar year, 
holds— 
‘‘(I) assets (other than those assets 
which are used directly in carrying out 
the institution’s exempt purpose) the 
aggregate fair market value of which is 
in excess of $6,000,000,000; and 
‘‘(II) investments of concern the 
aggregate fair market value of which is 
in excess of $250,000,000. 
‘‘(B) REFERENCES TO CERTAIN TERMS.— 
For the purpose of applying the definition under 
subparagraph (A), the terms ‘aggregate fair mar-
ket value’ and ‘assets which are used directly in 
carrying out the institution’s exempt purpose’ 
shall be applied in the same manner as such 
terms are applied for the purposes of section 
4968(b)(1)(D) of the Internal Revenue Code of 
1986.’’. 
SEC. 5. ENFORCEMENT AND OTHER GENERAL PROVISIONS. 
(a) ENFORCEMENT
AND OTHER GENERAL PROVI-
SIONS.—The Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.), as amended by this Act, is further amended 
by inserting after section 117C the following: 
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‘‘SEC. 117D. ENFORCEMENT; SINGLE POINT-OF-CONTACT; 
INSTITUTIONAL REQUIREMENTS. 
‘‘(a) ENFORCEMENT.— 
‘‘(1) INVESTIGATION.—The Secretary (acting 
through the General Counsel of the Department) shall 
conduct investigations of possible violations of sec-
tions 117, 117A, 117B, 117C, and subsection (c) of 
this section by institutions and, whenever it appears 
that an institution has knowingly or willfully failed 
to comply with a requirement of any of such provi-
sions (including any rule or regulation promulgated 
under any such provision), shall request that the At-
torney General bring a civil action in accordance 
with paragraph (2). 
‘‘(2) CIVIL ACTION.—Whenever it appears that 
an institution has knowingly or willfully failed to 
comply with a requirement of any of the provisions 
listed in paragraph (1) (including any rule or regula-
tion promulgated under any such provision) based on 
an investigation under such paragraph, a civil action 
shall be brought by the Attorney General, at the re-
quest of the Secretary, in an appropriate district 
court of the United States, or the appropriate United 
States court of any territory or other place subject to 
the jurisdiction of the United States, to request such 
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court to compel compliance with the requirement of 
the provision that has been violated. 
‘‘(3) COSTS AND OTHER FINES.—An institution 
that is compelled to comply with a requirement of a 
provision listed in paragraph (1) pursuant to para-
graph (2) shall— 
‘‘(A) pay to the Treasury of the United 
States the full costs to the United States of ob-
taining compliance with the requirement of such 
provision, including all associated costs of inves-
tigation and enforcement; and 
‘‘(B) if applicable, be subject to the applica-
ble fines described in paragraph (4). 
‘‘(4) FINES
FOR
VIOLATIONS.—The Secretary 
shall impose a fine on an institution that is com-
pelled to comply with a requirement of a section list-
ed in paragraph (1) pursuant to paragraph (2) as 
follows: 
‘‘(A) SECTION 117.— 
‘‘(i) FIRST-TIME VIOLATIONS.—In the 
case of an institution that is compelled to 
comply with a requirement of section 117 
pursuant to a civil action described in 
paragraph (2), and that has not previously 
been compelled to comply with any such re-
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quirement pursuant to such a civil action, 
the Secretary shall impose a fine on the in-
stitution for such violation as follows: 
‘‘(I) In the case of an institution 
that knowingly or willfully fails to 
comply with a reporting requirement 
under subsection (a)(1) of section 117, 
such fine shall be in an amount that 
is— 
‘‘(aa) for each gift or con-
tract with determinable value that 
is the subject of such a failure to 
comply, the greater of— 
‘‘(AA) $50,000; or 
‘‘(BB) 
the 
monetary 
value of such gift or contract; 
or 
‘‘(bb) for each gift or contract 
of no value or of indeterminable 
value, not less than 1 percent and 
not more than 10 percent of the 
total amount of Federal funds re-
ceived by the institution under 
this Act for the most recent fiscal 
year. 
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‘‘(II) In the case of an institution 
that knowingly or willfully fails to 
comply with the reporting requirement 
under subsection (a)(2) of section 117, 
such fine shall be in an amount that is 
not less than 10 percent of the total 
amount of Federal funds received by 
the institution under this Act for the 
most recent fiscal year. 
‘‘(ii) SUBSEQUENT
VIOLATIONS.—In 
the case of an institution that has pre-
viously been compelled to comply with a re-
quirement of section 117 pursuant to a civil 
action described in paragraph (2), and is 
subsequently compelled to comply with such 
a requirement pursuant to a subsequent 
civil action described in paragraph (2), the 
Secretary shall impose a fine on the institu-
tion as follows: 
‘‘(I) In the case of an institution 
that knowingly or willfully fails to 
comply with a reporting requirement 
under subsection (a)(1) of section 117, 
such fine shall be in an amount that 
is— 
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‘‘(aa) for each gift or con-
tract with determinable value that 
is the subject of such a failure to 
comply, the greater of— 
‘‘(AA) $100,000; or 
‘‘(BB) twice the mone-
tary value of such gift or 
contract; or 
‘‘(bb) for each gift or contract 
of no value or of indeterminable 
value, not less than 5 percent and 
not more than 10 percent of the 
total amount of Federal funds re-
ceived by the institution under 
this Act for the most recent fiscal 
year. 
‘‘(II) In the case of an institution 
that knowingly or willfully fails to 
comply with a reporting requirement 
under subsection (a)(2) of section 117, 
such fine shall be in an amount that is 
not less than 20 percent of the total 
amount of Federal funds received by 
the institution under this Act for the 
most recent fiscal year. 
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‘‘(B) SECTION 117A.— 
‘‘(i) FIRST-TIME VIOLATIONS.—In the 
case of an institution that is compelled to 
comply with a requirement of section 117A 
pursuant to a civil action described in 
paragraph (2), and that has not previously 
been compelled to comply with any such re-
quirement pursuant to such a civil action, 
the Secretary shall impose a fine on the in-
stitution in an amount that is not less than 
5 percent and not more than 10 percent of 
the total amount of Federal funds received 
by the institution under this Act for the 
most recent fiscal year. 
‘‘(ii) SUBSEQUENT
VIOLATIONS.—In 
the case of an institution that has pre-
viously been compelled to comply with a re-
quirement of section 117A pursuant to a 
civil action described in paragraph (2), and 
is subsequently compelled to comply with 
such a requirement pursuant to a subse-
quent civil action described in paragraph 
(2), the Secretary shall impose a fine on the 
institution in an amount that is not less 
than 20 percent of the total amount of Fed-
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eral funds received by the institution under 
this Act for the most recent fiscal year. 
‘‘(C) SECTION 117B.— 
‘‘(i) FIRST-TIME VIOLATIONS.—In the 
case of an institution that is compelled to 
comply with a requirement of section 117B 
pursuant to a civil action described in 
paragraph (2), and that has not previously 
been compelled to comply with any such re-
quirement pursuant to such a civil action, 
the Secretary shall impose a fine on the in-
stitution for such violation in an amount 
that is the greater of— 
‘‘(I) $250,000; or 
‘‘(II) the total amount of gifts or 
contracts that the institution is com-
pelled to report pursuant to such civil 
action. 
‘‘(ii) SUBSEQUENT
VIOLATIONS.—In 
the case of an institution that has pre-
viously been compelled to comply with a re-
quirement of section 117B pursuant to a 
civil action described in paragraph (2), and 
is subsequently compelled to comply with 
such a requirement pursuant to a subse-
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quent civil action described in paragraph 
(2), the Secretary shall impose a fine on the 
institution in an amount that is the greater 
of— 
‘‘(I) $500,000; or 
‘‘(II) twice the total amount of 
gifts or contracts that the institution is 
compelled to report pursuant to such 
civil action. 
‘‘(D) SECTION 117C.— 
‘‘(i) FIRST-TIME VIOLATIONS.—In the 
case of an institution that is compelled to 
comply with a requirement of section 117C 
pursuant to a civil action described in 
paragraph (2), and that has not previously 
been compelled to comply with any such re-
quirement pursuant to such a civil action, 
the Secretary shall impose a fine on the in-
stitution in an amount that is not less than 
50 percent and not more than 100 percent 
of the sum of— 
‘‘(I) the aggregate fair market 
value of all investments of concern held 
by such institution as of the close of the 
final calendar year for which the insti-
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tution is compelled to comply with 
such requirement pursuant to such 
civil action; and 
‘‘(II) the combined value of all in-
vestments of concern sold over the 
course of all the calendar years for 
which the institution is compelled to 
comply with such requirement pursu-
ant to such civil action, as measured 
by the fair market value of such invest-
ments at the time of the sale. 
‘‘(ii) SUBSEQUENT
VIOLATIONS.—In 
the case of an institution that has pre-
viously been compelled to comply with a re-
quirement of section 117C pursuant to a 
civil action described in paragraph (2), and 
is subsequently compelled to comply with 
such a requirement pursuant to a subse-
quent civil action described in paragraph 
(2), the Secretary shall impose a fine on the 
institution in an amount that is not less 
than 100 percent and not more than 200 
percent of the sum of— 
‘‘(I) the aggregate fair market 
value of all investments of concern held 
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by such institution as of the close of the 
final calendar year for which the insti-
tution is compelled to comply with 
such requirement pursuant to such sub-
sequent civil action; and 
‘‘(II) the combined value of all in-
vestments of concern over the course of 
all the calendar years for which the in-
stitution is compelled to comply with 
such requirement pursuant to such sub-
sequent civil action, as measured by 
the fair market value of such invest-
ments at the time of the sale. 
‘‘(E) INELIGIBILTY
FOR
WAIVER.—In the 
case of an institution that is fined pursuant to 
subparagraph (A)(ii), (B)(ii), (C)(ii), or (D)(ii), 
the Secretary shall prohibit the institution from 
obtaining a waiver, or a renewal of a waiver, 
under section 117A. 
‘‘(b) SINGLE POINT-OF-CONTACT
AT
THE DEPART-
MENT.—The Secretary shall maintain a single point-of-con-
tact at the Department to— 
‘‘(1) receive and respond to inquiries and re-
quests for technical assistance from institutions re-
garding compliance with the requirements of sections 
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117, 117A, 117B, 117C, and subsection (c) of this sec-
tion; 
‘‘(2) coordinate and implement technical im-
provements to the database described in section 
117(d)(1), including— 
‘‘(A) improving upload functionality by al-
lowing for batch reporting, including by allow-
ing institutions to upload one file with all re-
quired information into the database; 
‘‘(B) publishing and maintaining a data-
base users guide annually, including information 
on how to edit an entry and how to report er-
rors; 
‘‘(C) creating a standing user group (to 
which chapter 10 of title 5, United States Code, 
shall not apply) to discuss possible database im-
provements, which group shall— 
‘‘(i) include at least— 
‘‘(I) 3 members representing pub-
lic institutions with high or very high 
levels of research activity (as defined 
by the National Center for Education 
Statistics); 
‘‘(II) 2 members representing pri-
vate, nonprofit institutions with high 
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or very high levels of research activity 
(as so defined); 
‘‘(III) 2 members representing 
proprietary institutions of higher edu-
cation (as defined in section 102(b)); 
and 
‘‘(IV) 2 members representing 
area career and technical education 
schools (as defined in subparagraph 
(C) or (D) of section 3(3) of the Carl 
D. Perkins Career and Technical Edu-
cation 
Act 
of 
2006 
(20 
U.S.C. 
2302(3))); and 
‘‘(ii) meet at least twice a year with 
officials from the Department to discuss 
possible database improvements; 
‘‘(D) publishing, on a publicly available 
website, recommended database improvements 
following each meeting described in subpara-
graph (C)(ii); and 
‘‘(E) responding, on a publicly available 
website, to each recommendation published under 
subparagraph (D) as to whether or not the De-
partment will implement the recommendation, 
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including the rationale for either approving or 
rejecting the recommendation; 
‘‘(3) provide, every 90 days after the date of en-
actment of the DETERRENT Act, status updates on 
any pending or completed investigations and civil ac-
tions under subsection (a)(1) to— 
‘‘(A) the authorizing committees; and 
‘‘(B) any institution that is the subject of 
such investigation or action; 
‘‘(4) maintain, on a publicly accessible website— 
‘‘(A) a full comprehensive list of all foreign 
countries of concern and foreign entities of con-
cern; and 
‘‘(B) the date on which the last update was 
made to such list; and 
‘‘(5) not later than 7 days after making an up-
date to the list maintained under paragraph (4)(A), 
notify each institution required to comply with the 
sections listed in paragraph (1) of such update. 
‘‘(c) INSTITUTIONAL REQUIREMENTS FOR COMPLIANCE 
OFFICERS AND INSTITUTIONAL POLICY REQUIREMENTS.— 
‘‘(1) IN GENERAL.—An institution that is re-
quired to file a report under section 117 or 117C, that 
is seeking a waiver under section 117A, or that is 
subject to the requirements of section 117B, shall, not 
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later than the earlier of the date on which the institu-
tion files the first report under such a section, re-
quests the institution’s first waiver under section 
117A, or first fulfills the requirements of section 
117C— 
‘‘(A) establish an institutional policy that 
the institution shall follow in meeting the re-
quirements of sections 117, 117A, 117B, and 
117C; and 
‘‘(B) designate and maintain at least one, 
but not more than three, current employees or le-
gally authorized agents of such institution to 
serve as compliance officers to carry out the re-
quirements listed in paragraph (2). 
‘‘(2) DUTIES
OF
COMPLIANCE
OFFICERS.—A 
compliance officer designated by an institution under 
paragraph (1)(B) shall certify— 
‘‘(A) whenever the institution is required to 
file a report under section 117 or 117C— 
‘‘(i) the institution’s accurate compli-
ance with the reporting requirements under 
such section; 
‘‘(ii) that the institution, in filing such 
report under section 117 or 117C— 
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‘‘(I) followed the institutional pol-
icy established under paragraph (1)(A) 
applicable to such section; and 
‘‘(II) conducted good faith efforts 
and reasonable due diligence to ensure 
that accurate information is provided 
in such report, including with respect 
to the valuations of any assets that are 
disclosed in a report submitted under 
section 117C; and 
‘‘(iii) in the case of a report under sec-
tion 117, any statements by the institution 
required to be certified by such an officer 
under 
clause 
(i) 
or 
(iv) 
of 
section 
117(b)(1)(C); and 
‘‘(B) whenever the institution requests a 
waiver under section 117A— 
‘‘(i) that the institution— 
‘‘(I) is in compliance with the re-
quirements of such section; and 
‘‘(II) followed the institutional 
policy established under paragraph 
(1)(A) applicable to such section; and 
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‘‘(ii) the statement by the institution 
required to be certified by such an officer 
under section 117A(b)(2)(A)(ii)(II); and 
‘‘(C) whenever the institution is subject to 
the requirements of section 117B, that the insti-
tution— 
‘‘(i) is in compliance with the require-
ments of such section; and 
‘‘(ii) followed the institutional policy 
established under paragraph (1)(A) applica-
ble to such section. 
‘‘(d) DEFINITIONS.—For purposes of sections 117, 
117A, 117B, 117C, and this section: 
‘‘(1) FOREIGN COUNTRY OF CONCERN.—The term 
‘foreign country of concern’ means the following: 
‘‘(A) Any covered nation defined in section 
4872 of title 10, United States Code. 
‘‘(B) Any country the Secretary, in con-
sultation with the Secretary of Defense, the Sec-
retary of State, and the Director of National In-
telligence, determines, for purposes of sections 
117, 117A, 117B, 117C, or this section, to be en-
gaged in conduct that is detrimental to the na-
tional security or foreign policy of the United 
States. 
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‘‘(2) FOREIGN ENTITY OF CONCERN.—The term 
‘foreign entity of concern’ has the meaning given such 
term in section 10612(a) of the Research and Develop-
ment, Competition, and Innovation Act (42 U.S.C. 
19221(a)) and includes a foreign entity that is identi-
fied on the list published under section 1286(c)(8)(A) 
of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (10 U.S.C. 22 4001 
note; Public Law 115–232). 
‘‘(3) INSTITUTION.—The term ‘institution’ means 
an institution of higher education (as such term is de-
fined in section 102, other than an institution de-
scribed in subsection (a)(1)(C) of such section).’’. 
(b) PROGRAM PARTICIPATION AGREEMENT.—Section 
487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094) is amended by adding at the end the following: 
‘‘(30)(A) An institution will comply with the re-
quirements of sections 117, 117A, 117B, 117C, and 
117D(c). 
‘‘(B) In the case of an institution described in 
subparagraph (C), the institution will— 
‘‘(i) be ineligible to participate in the pro-
grams authorized by this title for a period of not 
less than 2 institutional fiscal years; and 
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‘‘(ii) in order to regain eligibility to par-
ticipate in such programs, demonstrate compli-
ance with all requirements of each such section 
for not less than 2 institutional fiscal years after 
the institutional fiscal year in which such insti-
tution became ineligible. 
‘‘(C) An institution described in this subpara-
graph is an institution that— 
‘‘(i) has been subject to 3 separate civil ac-
tions described in section 117D(a)(2) that have 
each resulted in the institution being compelled 
to comply with one or more requirements of sec-
tion 117, 117A, 117B, 117C, or 117D(c); and 
‘‘(ii) pursuant to section 117D(a)(4)(E), is 
prohibited from obtaining a waiver, or a renewal 
of a waiver, under section 117A.’’. 
(c) GAO STUDY AND REPORT.— 
(1) STUDY.—Not later than 180 days after the 
date of enactment of this Act, the Comptroller General 
of the United States shall initiate a study to identify 
ways to improve intergovernmental agency coordina-
tion regarding implementation and enforcement of 
sections 117, 117A, 117B, 117C, and 117D(c) of the 
Higher Education Act of 1965 (20 U.S.C. 1011f), as 
amended or added by this Act, including increasing 
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information sharing, increasing compliance rates, 
and establishing processes for enforcement. 
(2) REPORT.—Not later than 3 years after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress, and 
make public, a report containing the results of the 
study described in paragraph (1). 
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Union Calendar No. 9 
119TH CONGRESS 
1ST SESSION 
H. R. 1048 
[Report No. 119–16] 
A BILL 
To amend the Higher Education Act of 1965 to 
strengthen disclosure requirements relating to 
foreign gifts and contracts, to prohibit contracts 
between institutions of higher education and cer-
tain foreign entities and countries of concern, 
and for other purposes. 
MARCH 14, 2025 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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