1001 et seq.), as amended by section 4 of this Act, is further 
amended by inserting after section 117C the following: 
‘‘SEC. 117D. ENFORCEMENT; SINGLE POINT-OF-CONTACT. 
‘‘(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, and 117C by institutions. 
‘‘(2) CIVIL ACTION.—Whenever it appears that 
an institution has knowingly or willfully failed to 
comply with a requirement of any of the sections list-
ed in paragraph (1) (including any rule or regulation 
promulgated under any such section) based on such 
an investigation, a civil action shall be brought by the 
Attorney General, at the request 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 court to compel compliance 
with the requirement of the section that has been vio-
lated. 
‘‘(3) COSTS AND OTHER FINES.—An institution 
that is compelled to comply with a requirement of a 
section listed in paragraph (1) pursuant to para-
graph (2) shall— 
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‘‘(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 
section, including all associated costs of inves-
tigation and enforcement; and 
‘‘(B) be subject to the applicable fines de-
scribed in paragraph (4). 
‘‘(4) FINES
FOR
VIOLATIONS.—The Secretary 
shall impose a fine on an institution that knowingly 
or willfully fails to comply with a requirement of a 
section listed in paragraph (1) as follows: 
‘‘(A) SECTION 117.— 
‘‘(i) FIRST-TIME VIOLATIONS.—In the 
case of an institution that knowingly or 
willfully fails to comply with a requirement 
of section 117 with respect to a calendar 
year, and that has not previously knowingly 
or willfully failed to comply with such a re-
quirement, the Secretary shall impose a fine 
on the institution for such violation as fol-
lows: 
‘‘(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, 
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such fine shall be in an amount that 
is— 
‘‘(aa) not less than $50,000 
but not more than the monetary 
value of the gift from, or contract 
with, the foreign source; or 
‘‘(bb) in the case of a gift or 
contract of no value or of indeter-
minable value, not less than 1 
percent, and not more than 10 
percent of the total amount of 
Federal funds received by the in-
stitution under this Act for the 
most recent fiscal year. 
‘‘(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 been 
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fined pursuant to clause (i) with respect to 
a calendar year, and that knowingly or 
willfully fails to comply with a requirement 
of section 117 with respect to any addi-
tional calendar year, the Secretary shall 
impose a fine on the institution with respect 
to any such additional calendar year as fol-
lows: 
‘‘(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 
with respect to an additional calendar 
year, such fine shall be in an amount 
that is— 
‘‘(aa) not less than $100,000 
but not more than twice the mone-
tary value of the gift from, or con-
tract with, the foreign source; or 
‘‘(bb) in the case of a gift or 
contract of no value or of indeter-
minable value, not less than 1 
percent, but not more than 10 
percent, of the total amount of 
Federal funds received by the in-
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stitution 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 
with respect to an additional calendar 
year, 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. 
‘‘(B) SECTION 117A.— 
‘‘(i) FIRST-TIME VIOLATIONS.—In the 
case of an institution that knowingly or 
willfully fails to comply with a requirement 
of section 117A for the first time, the Sec-
retary shall impose a fine on the institution 
in an amount that is not less than 5 per-
cent, but 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 been 
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fined pursuant to clause (i), the Secretary 
shall impose a fine on the institution for 
each subsequent time the institution know-
ingly or willfully fails to comply with a re-
quirement of section 117A in an amount 
that is not less than 20 percent of the total 
amount of Federal funds received by the in-
stitution under this Act for the most recent 
fiscal year. 
‘‘(C) SECTION 117B.— 
‘‘(i) FIRST-TIME VIOLATIONS.—In the 
case of an institution that knowingly or 
willfully fails to comply with a requirement 
of section 117B with respect to a calendar 
year, and that has not previously knowingly 
or willfully failed to comply with such a re-
quirement, the Secretary shall impose a fine 
on the institution of not less than $250,000, 
but not more than the total amount of gifts 
or contracts reported by such institution in 
the 
database 
required 
under 
section 
117B(a)(2). 
‘‘(ii) SUBSEQUENT
VIOLATIONS.—In 
the case of an institution that has been 
fined pursuant to clause (i) with respect to 
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a calendar year, and that knowingly or 
willfully fails to comply with a requirement 
of section 117B with respect to any addi-
tional calendar year, the Secretary shall 
impose a fine on the institution with respect 
to any such additional calendar year in an 
amount that is not less than $500,000, but 
not more than twice the total amount of 
gifts or contracts reported by such institu-
tion in the database required under section 
117B(a)(2). 
‘‘(D) SECTION 117C.— 
‘‘(i) FIRST-TIME VIOLATIONS.—In the 
case of a specified institution that know-
ingly or willfully fails to comply with a re-
quirement of section 117C with respect to a 
calendar year, and that has not previously 
knowingly or willfully failed to comply with 
such a requirement, the Secretary shall im-
pose a fine on the institution 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 
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by such institution as of the close of 
such calendar year; and 
‘‘(II) the combined value of all in-
vestments of concern sold over the 
course of such calendar year, as meas-
ured by the fair market value of such 
investments at the time of the sale. 
‘‘(ii) SUBSEQUENT
VIOLATIONS.—In 
the case of a specified institution that has 
been fined pursuant to clause (i) with re-
spect to a calendar year, and that know-
ingly or willfully fails to comply with a re-
quirement of section 117C with respect to 
any additional calendar year, the Secretary 
shall impose a fine on the institution with 
respect to any such additional calendar 
year 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 
by such institution as of the close of 
such additional calendar year; and 
‘‘(II) the combined value of all in-
vestments of concern sold over the 
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course of such additional calendar 
year, as measured by the fair market 
value of such investments at the time of 
the sale. 
‘‘(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 
117, 117A, 117B, and 117C; 
‘‘(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, 
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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 
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 
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‘‘(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, 
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 
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‘‘(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 in paragraph (4)(A), no-
tify each institution required to comply with the sec-
tions listed in paragraph (1) of such update. 
‘‘(c) DEFINITIONS.—For purposes of sections 117, 
117A, 117B, 117C, and this section: 
‘‘(1) FOREIGN COUNTRY OF CONCERN.—The term 
‘foreign country of concern’ includes the following: 
‘‘(A) A country that is a covered nation (as 
defined in section 4872(d) of title 10, United 
States Code). 
‘‘(B) Any country that the Secretary, in 
consultation with the Secretary of Defense, the 
Secretary of State, and the Director of National 
Intelligence, determines to be engaged in conduct 
that is detrimental to the national security or 
foreign policy of the United States. 
‘‘(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) 
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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, and 117C. 
‘‘(B) An institution that, for 3 consecutive insti-
tutional fiscal years, violates any requirement of any 
of the sections listed in subparagraph (A), shall— 
‘‘(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 
‘‘(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.’’. 
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(c) GAO STUDY.—Not later than one year after the 
date of the enactment of this Act, the Comptroller General 
of the United States— 
(1) shall conduct a study to identify ways to im-
prove intergovernmental agency coordination regard-
ing implementation and enforcement of sections 117, 
117A, 117B, and 117C of the Higher Education Act 
of 1965 (20 U.S.C. 1011f), as amended or added by 
this Act, including increasing information sharing, 
increasing compliance rates, and establishing proc-
esses for enforcement; and 
(2) shall submit to the Congress, and make pub-
lic, a report containing the results of such study. 
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Union Calendar No. 223 
118TH CONGRESS 
1ST SESSION 
H. R. 5933 
[Report No. 118–278] 
A BILL 
To amend the Higher Education Act of 1965 to re-
quire additional information in disclosures of for-
eign gifts and contracts from foreign sources, re-
strict 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 invest-
ments within endowments. 
NOVEMBER 24, 2023 
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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