118TH CONGRESS 
1ST SESSION H. R. 5933 
AN ACT 
To amend the Higher Education Act of 1965 to require 
additional information in disclosures of foreign gifts and 
contracts from foreign sources, restrict contracts with 
certain foreign entities and foreign countries of concern, 
require certain staff and faculty to report foreign gifts 
and contracts, and require disclosure of certain foreign 
investments within endowments. 
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 
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 a disclosure re-
port in accordance with subsection (b)(1) with the 
Secretary 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 receives a gift from a 
foreign country of concern or foreign entity of 
concern, or, upon receiving a waiver under sec-
tion 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 con-
tract. 
‘‘(2) FOREIGN
SOURCE
OWNERSHIP
OR
CON-
TROL DISCLOSURES.—In the case of an institution 
that is substantially controlled (as described in sec-
tion 668.174(c)(3) of title 34, Code of Federal Reg-
ulations) (or successor regulations)) by a foreign 
source, the institution shall file a disclosure report 
in accordance with subsection (b)(2) with the Sec-
retary 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.—
‘‘(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 benefactor at the insti-
tution receiving the gift or carrying 
out the contract; 
‘‘(II) the intended purpose of 
such gift or contract, as provided to 
the institution by such foreign source, 
or if no such purpose is provided by 
such foreign source, the intended use 
of such gift or contract, as provided 
by the institution; 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—
‘‘(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 date on which such con-
tract commences; 
‘‘(II) as applicable, the date on 
which such contract terminates; and 
‘‘(III) an assurance that the in-
stitution will— 
‘‘(aa) 
maintain 
an 
unredacted copy of the contract 
until the latest of— 
‘‘(AA) the date that is 
5 years after the date on 
which the contract com-
mences; 
‘‘(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 
subsection 
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 
compliance with the requirements of sub-
section (c)(1). 
‘‘(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)— 
‘‘(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 subsection (f)(2) 
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; 
‘‘(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 sub-
section (f)(2) 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 of the text into English; 
‘‘(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)(1).
‘‘(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 60 days before the July 31 immediately 
following the date of the enactment of the DETER-
RENT 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 the enactment of the 
DETERRENT 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 by— 
‘‘(I) the date the institution filed 
such report; 
‘‘(II) the date on which the insti-
tution received the gift, or entered 
into the contract, which is the subject 
of the report; 
‘‘(III) the attributable country of 
such gift or contract; and 
‘‘(IV) the name of the foreign 
source (other than a foreign source 
that is a natural person);