{"format":1,"id":"118-hr-5933","congress":118,"number":"H.R. 5933","kind":"bill","group":"bills","title":"DETERRENT Act","title_source":"Short Title(s) as Passed House","official_title":"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.","titles":[{"type":"Official Title as Introduced","title":"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."},{"type":"Display Title","title":"DETERRENT Act"},{"type":"Short Title(s) as Introduced","title":"Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act"},{"type":"Short Title(s) as Introduced","title":"DETERRENT Act"},{"type":"Short Title(s) as Reported to House","title":"DETERRENT Act"},{"type":"Short Title(s) as Reported to House","title":"Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act"},{"type":"Short Title(s) as Passed House","title":"DETERRENT Act"},{"type":"Short Title(s) as Passed House","title":"Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act"}],"outcome":"passed_house","law_number":null,"introduced":"2023-10-11","chambers":{"house":{"status":"roll_call","date":"2023-12-06","vote":{"id":"118-2023-h701","question":"On Passage","title":"DETERRENT Act","result":"Passed","yea":246,"nay":170,"present":0,"not_voting":17,"source":"https://clerk.house.gov/evs/2023/roll701.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate.","date":"2023-12-07"},"nominees":null,"amendments":[{"number":"H.Amdt. 830","sponsor":"Rep. Molinaro, Marcus J. [R-NY-19]","purpose":"Amendment adds a requirement that foreign entities disclose any ties to designated foreign terrorist organizations, which includes Hamas.","result":"Agreed to","date":"2023-12-06","yea":372,"nay":39,"present":0,"not_voting":28,"source":"https://clerk.house.gov/evs/2023/roll698.xml"},{"number":"H.Amdt. 831","sponsor":"Rep. Ogles, Andrew [R-TN-5]","purpose":"Amendment sought to reduce the threshold value at which gifts must be reported from $50,000 to $1.","result":"Failed","date":"2023-12-06","yea":94,"nay":320,"present":0,"not_voting":25,"source":"https://clerk.house.gov/evs/2023/roll699.xml"},{"number":"H.Amdt. 833","sponsor":"Rep. Scott, Robert C. \"Bobby\" [D-VA-3]","purpose":"Amendment sought to strike and replace the bill language with an amendment in the nature of a substitute.","result":"Failed","date":"2023-12-06","yea":202,"nay":213,"present":0,"not_voting":24,"source":"https://clerk.house.gov/evs/2023/roll700.xml"}],"other_votes":[{"chamber":"house","date":"2023-12-06","question":"On Agreeing to the Amendment","title":"","result":"Agreed to","yea":372,"nay":39,"present":0,"not_voting":28,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll698.xml"},{"chamber":"house","date":"2023-12-06","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":94,"nay":320,"present":0,"not_voting":25,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll699.xml"},{"chamber":"house","date":"2023-12-06","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":202,"nay":213,"present":0,"not_voting":24,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll700.xml"}],"crs_summary":{"date":"2023-11-24","stage":"Reported to House","blocks":[{"k":"h","t":"Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act or the DETERRENT Act"},{"k":"p","t":"This bill expands oversight and disclosure requirements related to foreign sources and institutions of higher education (IHEs)."},{"k":"p","t":"Specifically, the bill requires an IHE to annually disclose to the Department of Education (ED) any year in which the IHE"},{"k":"li","t":"receives a gift from a foreign country of concern (e.g., China or Russia) or foreign entity of concern of any dollar amount;","d":1},{"k":"li","t":"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;","d":1},{"k":"li","t":"enters into a contract with a foreign country of concern or foreign entity of concern after receiving a waiver for such contract; or","d":1},{"k":"li","t":"is substantially controlled by a foreign source.","d":1},{"k":"p","t":"Additionally, the bill"},{"k":"li","t":"prohibits IHEs from entering into contracts with a foreign country of concern or with a foreign entity of concern without obtaining a waiver,","d":1},{"k":"li","t":"requires certain IHEs to disclose gifts or contracts between covered individuals (e.g., researchers) and foreign sources, and","d":1},{"k":"li","t":"requires private IHEs with specified assets or investments to file annual investment disclosure reports.","d":1},{"k":"p","t":"The bill requires ED to investigate possible violations of this bill and outlines the various penalties for each violation."}],"words":239},"summary":{"main_subject":{"text":"Amends the Higher Education Act of 1965 to change how colleges and universities report foreign gifts and contracts, bar contracts with foreign countries and entities of concern unless waived, require staff and faculty reports, require investment disclosures from certain private institutions, and set enforcement penalties.","cites":[{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text/eh#H00FB560F3257402C9DB0AC30F5D642E4"},{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text/eh#H3DFACAA2B6AA40DFB5D724D046730D7D"},{"label":"Sec. 4","href":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text/eh#HBBF1D478B68449BBA35652756F35E815"},{"label":"Sec. 5","href":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text/eh#H4106011A1FC24683B6BBEABFD968514E"}]},"core_areas":["Institutional reporting of foreign gifts and contracts","Contracts with foreign countries and entities of concern, and waivers","Faculty and staff disclosure of foreign gifts and contracts","Investment disclosure by certain private institutions","Enforcement, fines and program eligibility"],"what_it_does":[{"text":"Rewrites section 117 of the Higher Education Act to require a July 31 report for gifts or contracts from a foreign source valued at $50,000 or more or of undetermined value, and for any gift from a foreign country of concern or foreign entity of concern.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text/eh#H00FB560F3257402C9DB0AC30F5D642E4"}},{"text":"Adds section 117A, which bars an institution from contracting with a foreign country of concern or foreign entity of concern, except under a one-year waiver the Secretary of Education may issue after a request.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text/eh#H00FB560F3257402C9DB0AC30F5D642E4"}},{"text":"Adds section 117B, which requires certain research-funded institutions to maintain a policy for covered individuals to report foreign gifts and contracts, plus a public searchable database of the reported information.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text/eh#H3DFACAA2B6AA40DFB5D724D046730D7D"}},{"text":"Adds section 117C, which requires non-public institutions with assets above $6,000,000,000 or investments of concern above $250,000,000 to file annual reports on investments in foreign countries or entities of concern.","cite":{"label":"Sec. 4","href":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text/eh#HBBF1D478B68449BBA35652756F35E815"}},{"text":"Adds section 117D, which requires the Secretary to investigate possible violations, has the Attorney General bring civil actions, and requires fines on institutions that knowingly or willfully fail to comply.","cite":{"label":"Sec. 5","href":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text/eh#H4106011A1FC24683B6BBEABFD968514E"}},{"text":"Adds a program participation agreement requirement under which an institution that violates these sections for 3 consecutive institutional fiscal years is ineligible for title IV programs for at least 2 institutional fiscal years.","cite":{"label":"Sec. 5","href":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text/eh#H4106011A1FC24683B6BBEABFD968514E"}}],"unexpected":[],"version":{"type":"Engrossed in House","date":"2023-12-06","rule":"passed","href":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-02","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/118th-congress/house-bill/5933","text":"https://www.congress.gov/bill/118th-congress/house-bill/5933/text"},"card":{"image":"card/item/118-hr-5933.png","v":"731a9c02b806","alt":"Votes on Record. H.R. 5933, 118th Congress: DETERRENT Act. House: 246 Yea, 170 Nay. Outcome: Passed House, 6 Dec 2023."}}