I 
119TH CONGRESS 
1ST SESSION H. R. 1048 
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 
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. 
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 
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Nefarious 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 DIS-
CLOSURES.—An institution shall file with the Sec-
retary, in accordance with subsection (b)(1), a dis-
closure report on July 31 of the calendar year imme-
diately following 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, 
that foreign source within the calendar 
year; or 
‘‘(ii) the value of which is undeter-
mined; or 
‘‘(B) the institution— 
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‘‘(i) receives a gift from a foreign 
country of concern or foreign entity of con-
cern; 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
CON-
TROL
DISCLOSURES.—Notwithstanding paragraph 
(1), in the case of an institution that is substantially 
controlled (as described in section 668.174(c)(3) of 
title 34, Code of Federal Regulations) (or successor 
regulations)) by a foreign source, the institution 
shall file with the Secretary, in accordance with sub-
section (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 
considered a gift to, or contract with, respectively, 
such institution. 
‘‘(b) CONTENTS OF REPORT.— 
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‘‘(1) GIFTS AND CONTRACTS.—Each report to 
the Secretary required under subsection (a)(1) shall 
contain 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 in-
tended purpose of such gift or con-
tract, or, in the absence of such a 
purpose, the manner in which the in-
stitution 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; 
‘‘(ii) with respect to a gift— 
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‘‘(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 con-
tract, as of the date of submission of 
such report; 
‘‘(II) the date on which the insti-
tution enters into such contract; 
‘‘(III) the date on which such 
contract first takes effect; 
‘‘(IV) as applicable, the date on 
which such contract terminates; and 
‘‘(V) an assurance that the insti-
tution will— 
‘‘(aa) 
maintain 
an 
unredacted copy of the contract 
until the latest of— 
‘‘(AA) the date that is 
5 years after the date on 
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which such contract first 
takes effect; 
‘‘(BB) 
the 
date 
on 
which the contract termi-
nates; 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 
that is a foreign government (other than the 
government of a foreign country of concern)— 
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‘‘(i) the name of such foreign govern-
ment; 
‘‘(ii) the department, agency, office, 
or division of such foreign government that 
approved such gift or contract, as applica-
ble; and 
‘‘(iii) the physical mailing address of 
such department, agency, office, or divi-
sion. 
‘‘(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 the compliance offi-
cer in accordance with section 117D(c) 
that the institution has reasonably at-
tempted to obtain such name; 
‘‘(ii) in the case of a foreign source 
that is a natural person, the country of 
citizenship of such person, or, if such coun-
try is not known, the principal country of 
residence 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 the 
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 des-
ignated as a foreign terrorist organization 
pursuant to section 219 of the Immigra-
tion and Nationality 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 con-
cern— 
‘‘(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 
foreign source that owns or controls the institu-
tion; 
‘‘(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 re-
spect to a gift or contract that is not in English shall be 
translated, for purposes of such disclosure, by a person 
that is not an affiliated entity or agent of the foreign 
source involved 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 
Secretary 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 DE-
TERRENT 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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‘‘(IV) by the date on which the 
institution enters into the contract 
which is the subject of the report; 
‘‘(V) by the date on which such 
contract first takes effect; 
‘‘(VI) by the attributable country 
of such gift or contract; 
‘‘(VII) by the name of the foreign 
source (other than a foreign source 
that is a natural person); 
‘‘(VIII) by the information de-
scribed in subparagraph (C)(i); and 
‘‘(IX) by the information de-
scribed in subparagraph (C)(ii); 
‘‘(B) not later than 30 days after receipt 
of a disclosure report under this section, include 
such report in such database; 
‘‘(C) indicate, as part of the public record 
of a report included in such database, whether 
the report is with respect to a gift received 
from, or a contract entered into with— 
‘‘(i) a foreign source that is a foreign 
government; or 
‘‘(ii) a foreign source that is not a for-
eign government; and 
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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 informa-
tion. 
‘‘(2) 
NAME
AND
ADDRESS
OF
FOREIGN 
SOURCE.—The Secretary shall not disclose the name 
or address of a foreign source that is a natural per-
son (other than the attributable country of such for-
eign 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 sec-
tion 552 of title 5, United States Code (com-
monly known as the ‘Freedom of Information 
Act’), pursuant to subsection (b)(3) of such sec-
tion. 
‘‘(e) INTERAGENCY INFORMATION SHARING.—Not 
later than 30 days after receiving a disclosure report from 
an institution in compliance with this section, the Sec-
retary shall transmit an unredacted copy of such report 
(that includes 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 Intel-
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ligence, the Director of the Central Intelligence Agency, 
the Secretary of State, the Secretary of Defense, the At-
torney General, the Secretary of Commerce, the Secretary 
of Homeland Security, the Secretary of Energy, the Direc-
tor of the National Science Foundation, and the Director 
of the National Institutes 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 
country is unknown, the principal residence (as 
applicable) 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’— 
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‘‘(A) means— 
‘‘(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 acquisition from a foreign source that 
is not a foreign country of concern or a 
foreign entity 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 agree-
ment 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 Fed-
eral Regulations) (or successor regulations)) by 
a foreign source; 
‘‘(D) a natural person who is not a citizen 
or a national of the United States or a trust 
territory 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 Reg-
istration 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, 
resources, 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 reg-
istered industrial and intellectual property 
rights, such as patents, utility models, 
trademarks, or copyrights, or technical as-
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sistance, that are not associated with a 
category listed in the Commerce Control 
List maintained by the Bureau of Industry 
and Security of the Department of Com-
merce 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 
CONTRACT.—The term ‘restricted or conditional gift 
or contract’ means any endowment, gift, grant, con-
tract, award, present, or property of any kind which 
includes provisions regarding— 
‘‘(A) the employment, assignment, or ter-
mination of faculty; 
‘‘(B) the establishment of departments, 
centers, institutes, instructional programs, re-
search or lecture programs, or new faculty posi-
tions; 
‘‘(C) the selection, admission, or education 
of students; 
‘‘(D) the award of grants, loans, scholar-
ships, fellowships, or other forms of financial 
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aid restricted to students of a specified country, 
religion, 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 
FOREIGN 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 fol-
lowing: 
‘‘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 for-
eign 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 sub-
section (a) for a 1-year period; and 
‘‘(B) apply to the terms and conditions of 
the proposed contract submitted as part of the 
request for such waiver. 
‘‘(2) SUBMISSION.— 
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‘‘(A) FIRST WAIVER REQUESTS.— 
‘‘(i) IN
GENERAL.—An institution 
that desires to enter into a contract with 
a foreign entity of concern or a foreign 
country of concern may submit to the Sec-
retary, not later than 120 days before the 
institution enters into such a contract, a 
request to waive the prohibition under sub-
section (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 the 
compliance officer of the institu-
tion designated in accordance 
with section 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 institu-
tion fails to submit a request under clause 
(i) or is not granted a renewal under such 
clause, such institution shall terminate 
such contract on the last day of the origi-
nal 1-year waiver period. 
‘‘(3) WAIVER ISSUANCE.—The Secretary— 
‘‘(A) not later than 60 days before an in-
stitution enters into a contract pursuant to a 
waiver request under paragraph (2)(A), or be-
fore a contract described in paragraph (2)(B)(i) 
is renewed 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 
Secretary shall notify the authorizing committees of 
the intent to issue the waiver, including a justifica-
tion 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 con-
cern or foreign entity of concern, such institution shall ter-
minate such contract not later than 60 days after the Sec-
retary notifies the institution of such designation. 
‘‘(d) CONTRACTS PRIOR TO DATE OF ENACTMENT.— 
‘‘(1) IN GENERAL.—In the case of an institu-
tion that has entered into a contract with a foreign 
country 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 begin-
ning 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 en-
tered into a contract described in paragraph (1), the 
term of which is longer than the waiver period de-
scribed in subparagraph (B) of such paragraph and 
the terms and conditions of which remain the same 
as the contract submitted as part of the request re-
quired 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).’’. 
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(c) INTERAGENCY
INFORMATION
SHARING.—Not 
later than 90 days after the date of enactment of this Act, 
the Secretary of Education shall transmit to each indi-
vidual 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 Edu-
cation Act of 1965 (20 U.S.C. 1011f) prior to the 
date of enactment 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 sec-
tion; 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: 
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