DETERRENT Act

Bill: 118-hr-5933
Sponsor: Rep. Steel, Michelle [R-CA-45]
Introduced: 2023-10-11 in the House
Policy area: Education
Subjects: Civil actions and liability
Congressional oversight
Contracts and agency
Education programs funding
Financial services and investments
Government information and archives
Government studies and investigations
Higher education
Subversive activities
Teaching, teachers, curricula

Summary:
action_date: 2023-10-11
text: 

Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act or the DETERRENT Act

 
This bill expands oversight and disclosure requirements related to foreign sources and institutions of higher education (IHEs).
 
Specifically, the bill requires an IHE to annually disclose to the Department of Education (ED) any year in which the IHE
 
 
receives a gift from a foreign country of concern (e.g., China or Russia) or foreign entity of concern of any dollar amount; 
 
receives a gift or contract from a foreign source (other than a foreign country of concern or foreign entity of concern) that is valued at $50,000 or more, considered alone or in combination with all other gifts or contracts within a calendar year (current disclosure threshold is $250,000 or more), or which has an undetermined monetary value; 
 
enters into a contract with a foreign country of concern or foreign entity of concern after receiving a waiver for such contract; or 
 
is substantially controlled by a foreign source. 
 
 
Additionally, the bill
 
 
prohibits IHEs from entering into contracts with a foreign country of concern or with a foreign entity of concern without obtaining a waiver, 
 
requires certain IHEs to disclose gifts or contracts between faculty members and foreign sources, and 
 
requires private IHEs with specified assets or investments to file annual investment disclosure reports. 
 
 
The bill authorizes ED to investigate possible violations of this bill and outlines the various penalties for each violation.

action_date: 2023-11-24
text: 

Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act or the DETERRENT Act

 
This bill expands oversight and disclosure requirements related to foreign sources and institutions of higher education (IHEs).
 
Specifically, the bill requires an IHE to annually disclose to the Department of Education (ED) any year in which the IHE
 
 
receives a gift from a foreign country of concern (e.g., China or Russia) or foreign entity of concern of any dollar amount; 
 
receives a gift or contract from a foreign source (other than a foreign country of concern or foreign entity of concern) that is valued at $50,000 or more, considered alone or in combination with all other gifts or contracts within a calendar year (current disclosure threshold is $250,000 or more), or which has an undetermined monetary value; 
 
enters into a contract with a foreign country of concern or foreign entity of concern after receiving a waiver for such contract; or 
 
is substantially controlled by a foreign source. 
 
 
Additionally, the bill
 
 
prohibits IHEs from entering into contracts with a foreign country of concern or with a foreign entity of concern without obtaining a waiver, 
 
requires certain IHEs to disclose gifts or contracts between covered individuals (e.g., researchers) and foreign sources, and 
 
requires private IHEs with specified assets or investments to file annual investment disclosure reports. 
 
 
The bill requires ED to investigate possible violations of this bill and outlines the various penalties for each violation.


Legislative actions:
action_date: 2023-12-07
text: Received in the Senate.
action_date: 2023-12-06
text: The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 5933.
action_date: 2023-12-06
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2023-12-06
text: On passage Passed by the Yeas and Nays: 246 - 170 (Roll no. 701).
action_date: 2023-12-06
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 246 - 170 (Roll no. 701).
action_date: 2023-12-06
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2023-12-06
text: The previous question was ordered pursuant to the rule.
action_date: 2023-12-06
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5933.
action_date: 2023-12-06
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2023-12-06
text: Considered as unfinished business. (consideration: CR H6184-6187)
action_date: 2023-12-06
text: Committee of the Whole House on the state of the Union rises leaving H.R. 5933 as unfinished business.
action_date: 2023-12-06
text: On motion that the committee rise. Agreed to by voice vote.
action_date: 2023-12-06
text: Ms. Foxx moved that the committee rise.
action_date: 2023-12-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 8, the Chair put the question on agreeing to the amendment and by voice vote, announced the nays had prevailed. Mr. Scott (VA) demanded a recorded vote, and the Chair postponed further proceedings until a time to be announced.
action_date: 2023-12-06
text: DEBATE - Pursuant to the provisions of H. Res. 906, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 8.
action_date: 2023-12-06
text: DEBATE - Pursuant to the provisions of H. Res. 906, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 7.
action_date: 2023-12-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Ogles amendment No. 6, the Chair put the question on agreeing to the amendment and by voice vote, announced the ayes had prevailed. Ms. Foxx demanded a recorded vote, and the Chair postponed further proceedings until a time to be announced.
action_date: 2023-12-06
text: DEBATE - Pursuant to the provisions of H. Res. 906, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 6.
action_date: 2023-12-06
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Molinaro amendment No. 5, the Chair put the question on agreeing to the amendment and by voice vote, announced the ayes had prevailed. Mr. Molinaro demanded a recorded vote, and the Chair postponed further proceedings until a time to be announced.
action_date: 2023-12-06
text: DEBATE - Pursuant to the provisions of H. Res. 906, the Committee of the Whole proceeded with 10 minutes of debate on the Molinaro amendment No. 5.
action_date: 2023-12-06
text: DEBATE - Pursuant to the provisions of H. Res. 906, the Committee of the Whole proceeded with 10 minutes of debate on the Fallon amendment No. 4.
action_date: 2023-12-06
text: DEBATE - Pursuant to the provisions of H. Res. 906, the Committee of the Whole proceeded with 10 minutes of debate on the Fallon amendment No. 3.
action_date: 2023-12-06
text: DEBATE - Pursuant to the provisions of H. Res. 906, the Committee of the Whole proceeded with 10 minutes of debate on the Foxx amendment No. 1.
action_date: 2023-12-06
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5933.
action_date: 2023-12-06
text: The Speaker designated the Honorable James C. Moylan to act as Chairman of the Committee.
action_date: 2023-12-06
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 906 and Rule XVIII.
action_date: 2023-12-06
text: Rule provides for consideration of H.R. 4468, H.R. 5933 and H.J. Res. 88. The resolution provides for consideration of H.R. 4468 and H.R. 5933 under a structured rule and H.J. Res. 88 under a closed rule. Rule provides for one hour of general debate and one motion to recommit on each measure.
action_date: 2023-12-06
text: Considered under the provisions of rule H. Res. 906. (consideration: CR H6166-6184; text: CR H6171-6175)
action_date: 2023-12-04
text: Rules Committee Resolution H. Res. 906 Reported to House. Rule provides for consideration of H.R. 4468, H.R. 5933 and H.J. Res. 88. The resolution provides for consideration of H.R. 4468 and H.R. 5933 under a structured rule and H.J. Res. 88 under a closed rule. Rule provides for one hour of general debate and one motion to recommit on each measure.
action_date: 2023-11-24
text: Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 118-278.
action_date: 2023-11-24
text: Placed on the Union Calendar, Calendar No. 223.
action_date: 2023-11-24
text: Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 118-278.
action_date: 2023-10-25
text: Referred to the House Committee on Education and the Workforce.
action_date: 2023-10-11
text: Introduced in House
action_date: 2023-10-11
text: Introduced in House