IB 
Union Calendar No. 223 
118TH CONGRESS 
1ST SESSION H. R. 5933 
[Report No. 118–278] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 11, 2023 
Mrs. STEEL (for herself, Ms. FOXX, Mr. OWENS, Mr. WILSON of South Caro-
lina, Mr. THOMPSON of Pennsylvania, Mr. GROTHMAN, Ms. STEFANIK, 
Mr. SMUCKER, Mrs. MCCLAIN, Ms. LETLOW, Mr. WILLIAMS of New 
York, Mrs. HOUCHIN, Mr. ESTES, and Mr. WALBERG) introduced the fol-
lowing bill 
OCTOBER 25, 2023 
Referred to the Committee on Education and the Workforce 
NOVEMBER 24, 2023 
Additional sponsors: Mrs. MILLER of Illinois, Mr. BEAN of Florida, Mr. 
WEBER of Texas, Mr. JAMES, Mr. BURLISON, Mr. ALLEN, Mr. NORMAN, 
Mr. D’ESPOSITO, Mr. LAMALFA, Mr. KILEY, Mr. BARR, Mrs. CHAVEZ- 
DEREMER, and Mrs. MILLER of West Virginia 
NOVEMBER 24, 2023 
Reported with an amendment; committed to the Committee of the Whole 
House on the State of the Union and ordered to be printed 
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[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 October 11, 2023] 
A BILL 
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. 
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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 a disclosure report 
in accordance with subsection (b)(1) with the Sec-
retary on July 31 of the calendar year immediately 
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, 
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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 CONTROL 
DISCLOSURES.—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 in-
stitution shall file a disclosure report in accordance 
with subsection (b)(2) with the Secretary 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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‘‘(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 insti-
tution will— 
‘‘(aa) 
maintain 
an 
unredacted copy of the contract 
until the latest of— 
‘‘(AA) the date that is 4 
years after the date on which 
the contract commences; 
‘‘(BB) the date on which 
the contract terminates; or 
‘‘(CC) the last day of 
any period that applicable 
State law requires a copy of 
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such contract to be main-
tained; and 
‘‘(bb) upon request of the 
Secretary during an investigation 
under subsection (f)(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 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 
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‘‘(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 the compliance officer 
in accordance with subsection (f)(2) 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; 
‘‘(iii) in the case of a foreign source 
that is a legal entity, the country in which 
such entity is incorporated, or if such infor-
mation is not available, the principal place 
of business of such entity; and 
‘‘(iv) the physical mailing address of 
such foreign source, or if such address is not 
available, a statement certified by the com-
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pliance officer in accordance with sub-
section (f)(2) that the institution has rea-
sonably attempted to obtain such address. 
‘‘(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 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 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. 
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‘‘(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 60 days before the July 31 immediately fol-
lowing the date of the 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 the 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 
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‘‘(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); 
‘‘(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 
‘‘(D) with respect to a disclosure report that 
does not include the name or address of a foreign 
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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 
Secretary of Commerce, the Secretary of Homeland Secu-
rity, the Secretary of Energy, the Director of the National 
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Science Foundation, and the Director of the National Insti-
tutes of Health. 
‘‘(f) COMPLIANCE OFFICER.—Any institution that is 
required to file a disclosure report under subsection (a) shall 
designate, before the filing deadline for such report, and 
maintain a compliance officer, who shall— 
‘‘(1) be a current employee or legally authorized 
agent of such institution; and 
‘‘(2) be responsible, on behalf of the institution, 
for personally certifying accurate compliance with the 
foreign gift reporting requirement under this section. 
‘‘(g) 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 
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‘‘(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— 
‘‘(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 
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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— 
‘‘(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; and 
‘‘(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, 
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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 
in section 1 of the Foreign Agents Registra-
tion Act of 1938 (22 U.S.C. 611). 
‘‘(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, 
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such as patents, utility models, trademarks, 
or copyrights, or technical assistance, that 
are not identified as being associated with 
a national security risk or concern by the 
Federal Research Security Council as de-
scribed under section 7902 of title 31, 
United States Code; 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) SUBMISSION.— 
‘‘(A) FIRST WAIVER REQUESTS.— 
‘‘(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. 
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‘‘(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 signed by the point 
of contact of the institution de-
scribed in section 117(h); and 
‘‘(bb) includes information 
that demonstrates that such con-
tract is for the benefit of the insti-
tution’s mission and students and 
will promote the security, sta-
bility, and economic vitality of 
the United States. 
‘‘(B) RENEWAL WAIVER REQUESTS.— 
‘‘(i) IN GENERAL.—An institution that 
has entered into a contract pursuant to a 
waiver issued under this section, the term of 
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which is longer than the 1-year waiver pe-
riod 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 in-
clude any information requested by the Sec-
retary). 
‘‘(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. 
‘‘(2) 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 (1)(A), or before a 
contract described in paragraph (1)(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 
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‘‘(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 the heads of each 
agency and department listed in section 117(e), 
that the contract for which the waiver is being 
requested is for the benefit of the institution’s 
mission and students and will promote the secu-
rity, stability, and economic vitality of the 
United States. 
‘‘(3) DISCLOSURE.—Not less than 2 weeks prior 
to issuing a waiver under paragraph (2), the Sec-
retary shall notify the— 
‘‘(A) the Committee on Education and the 
Workforce of the House of Representatives; and 
‘‘(B) the Committee on Health, Education, 
Labor, and Pensions of the Senate, 
of the intent to issue the waiver, including a justifica-
tion for the waiver. 
‘‘(4) APPLICATION
OF
WAIVERS.—A waiver 
issued under this section to an institution with re-
spect to a contract shall only— 
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‘‘(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. 
‘‘(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 the enactment of the DETERRENT Act— 
‘‘(A) the institution shall immediately sub-
mit to the Secretary a waiver request in accord-
ance with subsection (b)(1)(A)(ii); and 
‘‘(B) the Secretary shall, upon receipt of the 
request submitted under paragraph (1), imme-
diately issue a waiver to the institution for a pe-
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riod 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 the 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)(1)(B). 
‘‘(e) CONTRACT DEFINED.—The term ‘contract’ has the 
meaning given such term in section 117(g).’’. 
(c) INTERAGENCY INFORMATION SHARING.—Not later 
than 90 days after the date of the enactment of this Act, 
the Secretary of Education shall transmit to the heads of 
each agency and department 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 
VerDate Sep 11 2014 
23:36 Nov 24, 2023
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pbinns on DSKJLVW7X2PROD with $$_JOB