{"format":1,"id":"119-hr-1048","congress":119,"number":"H.R. 1048","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 strengthen disclosure requirements relating to foreign gifts and contracts, to prohibit contracts between institutions of higher education and certain foreign entities and countries of concern, and for other purposes.","titles":[{"type":"Official Title as Introduced","title":"To amend the Higher Education Act of 1965 to strengthen disclosure requirements relating to foreign gifts and contracts, to prohibit contracts between institutions of higher education and certain foreign entities and countries of concern, and for other purposes."},{"type":"Official Title from EH (Engrossed in House) bill text","title":"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."},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"DETERRENT Act"},{"type":"Short Titles from RFS (Referred to Senate) bill text","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"},{"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":"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"}],"outcome":"passed_house","law_number":null,"introduced":"2025-02-06","chambers":{"house":{"status":"roll_call","date":"2025-03-27","vote":{"id":"119-2025-h83","question":"On Passage","title":"DETERRENT Act","result":"Passed","yea":241,"nay":169,"present":0,"not_voting":20,"source":"https://clerk.house.gov/evs/2025/roll083.xml"}},"senate":{"status":"pending","date":null,"vote":null}},"president":{"status":"not_yet","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.","date":"2025-03-31"},"nominees":null,"amendments":[{"number":"H.Amdt. 12","sponsor":"Rep. Scott, Robert C. \"Bobby\" [D-VA-3]","purpose":"Amendment sought to amend section 117 to streamline foreign gift and contract reporting, align reporting with other federal research security compliance requirements, establish sanctions for noncompliance and require the Secretary of Education to conduct negotiated rulemaking to receive stakeholder feedback.","result":"Failed","date":"2025-03-27","yea":199,"nay":214,"present":0,"not_voting":23,"source":"https://clerk.house.gov/evs/2025/roll079.xml"},{"number":"H.Amdt. 13","sponsor":"Rep. Self, Keith [R-TX-3]","purpose":"Amendment sought to amend the threshold value at which gifts must be reported from $50,000 to $1.","result":"Failed","date":"2025-03-27","yea":92,"nay":321,"present":0,"not_voting":23,"source":"https://clerk.house.gov/evs/2025/roll080.xml"},{"number":"H.Amdt. 14","sponsor":"Rep. Tlaib, Rashida [D-MI-12]","purpose":"Amendment sought to amend the definition of \"Foreign Country Of Concern\".","result":"Failed","date":"2025-03-27","yea":3,"nay":410,"present":0,"not_voting":23,"source":"https://clerk.house.gov/evs/2025/roll081.xml"},{"number":"H.Amdt. 15","sponsor":"Rep. Tlaib, Rashida [D-MI-12]","purpose":"Amendment sought to amend the definition of \"Investment of Concern\" to include any entity that the Secretary of State determines consistently, knowingly, and directly facilitates and enables state violence and repression, war and occupation, or severe violations of international law and human rights.","result":"Failed","date":"2025-03-27","yea":4,"nay":404,"present":1,"not_voting":27,"source":"https://clerk.house.gov/evs/2025/roll082.xml"}],"other_votes":[{"chamber":"house","date":"2025-03-27","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":199,"nay":214,"present":0,"not_voting":23,"kind":"amendment","source":"https://clerk.house.gov/evs/2025/roll079.xml"},{"chamber":"house","date":"2025-03-27","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":92,"nay":321,"present":0,"not_voting":23,"kind":"amendment","source":"https://clerk.house.gov/evs/2025/roll080.xml"},{"chamber":"house","date":"2025-03-27","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":3,"nay":410,"present":0,"not_voting":23,"kind":"amendment","source":"https://clerk.house.gov/evs/2025/roll081.xml"},{"chamber":"house","date":"2025-03-27","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":4,"nay":404,"present":1,"not_voting":27,"kind":"amendment","source":"https://clerk.house.gov/evs/2025/roll082.xml"}],"crs_summary":{"date":"2025-02-06","stage":"Introduced in 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. Penalties may include losing eligibility for federal student financial aid."}],"words":249},"summary":{"main_subject":{"text":"Amends the Higher Education Act of 1965 to change foreign gift and contract reporting by institutions of higher education, bar contracts with foreign countries and entities of concern unless waived, and add related disclosure and enforcement requirements.","cites":[{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#HCCD8409C14974C8881DD26701577F749"},{"label":"Sec. 3","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#HB6220E29216B4D5199CA837BDC0FA33A"},{"label":"Sec. 4","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#H5A35723205A340DCA632C84B0D54E122"},{"label":"Sec. 5","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#H31745F232FA4477894372190F5DBA871"}]},"core_areas":["Foreign gift and contract reporting by institutions of higher education","Prohibition and waiver process for contracts with foreign countries and entities of concern","Foreign gift and contract disclosure policies for faculty and staff","Investment disclosure by certain private institutions","Enforcement, fines and program participation requirements"],"what_it_does":[{"text":"Requires an institution to file a report with the Secretary of Education on July 31 after a year in which it receives a gift from, or enters into a contract with, a foreign source (other than a country or entity of concern) valued at $50,000 or more or of indeterminate value.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#HCCD8409C14974C8881DD26701577F749"}},{"text":"Requires a report on any gift from a foreign country of concern or foreign entity of concern regardless of value, and on any contract with one of them entered into under a waiver.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#HCCD8409C14974C8881DD26701577F749"}},{"text":"Prohibits an institution from entering into a contract with a foreign country of concern or foreign entity of concern, and sets a process for 1-year waivers that the Secretary of Education may issue after making specified determinations.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#HCCD8409C14974C8881DD26701577F749"}},{"text":"Requires institutions that received more than $50,000,000 in Federal research and development funds in any of the previous five calendar years, or that receive funds under title VI, to maintain a policy for covered individuals to report foreign gifts and contracts and a public database of those reports.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#HB6220E29216B4D5199CA837BDC0FA33A"}},{"text":"Requires a specified institution that is not a public institution to file an annual report on investments of concern it buys, sells or holds, and requires the Secretary to maintain a public database of these reports.","cite":{"label":"Sec. 4","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#H5A35723205A340DCA632C84B0D54E122"}},{"text":"Directs the Secretary to investigate possible violations and request civil actions by the Attorney General, sets fines for violations, and makes an institution ineligible for title IV programs for at least 2 institutional fiscal years after judgment in 3 separate civil actions.","cite":{"label":"Sec. 5","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#H31745F232FA4477894372190F5DBA871"}}],"unexpected":[{"category":"narrow_beneficiary","items":[{"cite":{"label":"Sec. 4","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#H5A35723205A340DCA632C84B0D54E122"},"heading":"Investment disclosure report","effect":"Requires an annual investment report only from a non-public institution that holds assets over $6,000,000,000 (excluding assets used directly for its exempt purpose) and investments of concern over $250,000,000.","amount":null,"quote":"investments of concern the aggregate fair market value of which is in excess of $250,000,000"}]},{"category":"selective_carve_out","items":[{"cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#HCCD8409C14974C8881DD26701577F749"},"heading":"Disclosures of foreign gifts","effect":"Rewrites the foreign gift and contract reporting rules, but the definitions of 'contract' and 'gift' leave out certain kinds of transactions: arms-length purchases from foreign sources not of concern, some intellectual property licenses, and student cost-of-attendance payments for 15 or fewer students.","amount":null,"quote":"an arms-length agreement for the acquisition by purchase, lease, or barter of property (including intellectual property) or services from a foreign source that is not a foreign country of concern or a foreign entity of concern;"},{"cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh#HB6220E29216B4D5199CA837BDC0FA33A"},"heading":"Policy regarding conflicts of interest from foreign gifts and contracts","effect":"Requires certain institutions to keep a policy for faculty and staff foreign gift and contract disclosure, but its definition of 'contract' leaves out arms-length agreements with foreign sources not of concern and some intellectual property licenses.","amount":null,"quote":"an arms-length agreement for the acquisition by purchase, lease, or barter of property (including intellectual property) or services from a foreign source that is not a foreign country of concern or a foreign entity of concern"}]}],"version":{"type":"Engrossed in House","date":"2025-03-27","rule":"passed","href":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-09-29","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/119th-congress/house-bill/1048","text":"https://www.congress.gov/bill/119th-congress/house-bill/1048/text"},"card":{"image":"card/item/119-hr-1048.png","v":"6800cded05d1","alt":"Votes on Record. H.R. 1048, 119th Congress: DETERRENT Act. House: 241 Yea, 169 Nay. Senate: not yet considered. Outcome: Passed House, 27 Mar 2025."}}