H.R. 5933 · 118th Congress · House

DETERRENT Act

In Congress· Received in the Senate.
Introduced
Oct 11, 23
Passed House
Dec 6, 23
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

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.

Previous Versions

00Oct 11, 2023

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 Timeline

35
  1. DEC 07, 2023•IntroReferral

    Received in the Senate.

  2. DEC 06, 2023•Floor

    Considered under the provisions of rule H. Res. 906. (consideration

    CR H6166-6184; text: CR H6171-6175)

    6166Yea
    6184Nay
    0NV
  3. DEC 06, 2023•Floor

    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.

  4. DEC 06, 2023•Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 906 and Rule XVIII.

  5. DEC 06, 2023•Floor

    The Speaker designated the Honorable James C

    Moylan to act as Chairman of the Committee.

  6. DEC 06, 2023•Floor

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5933.

  7. DEC 06, 2023•Floor

    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.

  8. DEC 06, 2023•Floor

    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.

  9. DEC 06, 2023•Floor

    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.

  10. DEC 06, 2023•Floor

    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.

  11. DEC 06, 2023•Floor

    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.

  12. DEC 06, 2023•Floor

    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.

  13. DEC 06, 2023•Floor

    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.

  14. DEC 06, 2023•Floor

    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.

  15. DEC 06, 2023•Floor

    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.

  16. DEC 06, 2023•Floor

    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.

  17. DEC 06, 2023•Floor

    Ms

    Foxx moved that the committee rise.

  18. DEC 06, 2023•Floor

    On motion that the committee rise

    Agreed to by voice vote.

  19. DEC 06, 2023•Floor

    Committee of the Whole House on the state of the Union rises leaving H.R

    5933 as unfinished business.

  20. DEC 06, 2023•Floor

    Considered as unfinished business

    (consideration: CR H6184-6187)

    6184Yea
    6187Nay
    0NV
  21. DEC 06, 2023•Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  22. DEC 06, 2023•Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5933.

  23. DEC 06, 2023•Floor

    The previous question was ordered pursuant to the rule.

  24. DEC 06, 2023•Floor

    The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

  25. DEC 06, 2023•Floor

    Passed/agreed to in House

    Roll Call #701

    On passage Passed by the Yeas and Nays: 246 - 170 (Roll no. 701).

    246Yea
    170Nay
    0NV
  26. DEC 06, 2023•Floor

    On passage Passed by the Yeas and Nays

    Roll Call #701

    246 - 170 (Roll no. 701).

    246Yea
    170Nay
    0NV
  27. DEC 06, 2023•Floor

    Motion to reconsider laid on the table Agreed to without objection.

  28. DEC 06, 2023•Floor

    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.

  29. DEC 04, 2023•Floor

    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.

  30. NOV 24, 2023•Committee

    Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 118-278.

    118Yea
    278Nay
    0NV
  31. NOV 24, 2023•Calendars

    Placed on the Union Calendar, Calendar No. 223.

  32. NOV 24, 2023•Committee

    Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 118-278.

    118Yea
    278Nay
    0NV
  33. OCT 25, 2023•IntroReferral

    Referred to the House Committee on Education and the Workforce.

  34. OCT 11, 2023•IntroReferral

    Introduced in House

  35. OCT 11, 2023•IntroReferral

    Introduced in House

Committees

2

Education and Workforce Committee

hsed00

Referred: Nov 24, 2023

Active

Education and Workforce Committee

hsed00

Referred: Oct 25, 2023

Active