DETERRENT Act
Latest action · Dec 7, 2023 Received in the Senate.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedOct 11, 2023
- Passed HouseDec 6, 2023
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
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.
Recorded votes 4
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 701 | On Passage | Passed246–170 | Dec 6, 2023 |
| House 700 | On Agreeing to the Amendment | Failed202–213 | Dec 6, 2023 |
| House 699 | On Agreeing to the Amendment | Failed94–320 | Dec 6, 2023 |
| House 698 | On Agreeing to the Amendment | Agreed to372–39 | Dec 6, 2023 |
Cosponsors 26
Members who signed on, in the order they did. Signatures ran from Oct 11, 2023 to Nov 14, 2023; 13 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NY | Brandon Williams | Original | Oct 11, 2023 |
| R-UT | Burgess Owens | Original | Oct 11, 2023 |
| R-NY | Elise M. Stefanik | Original | Oct 11, 2023 |
| R-IN | Erin Houchin | Original | Oct 11, 2023 |
| R-WI | Glenn Grothman | Original | Oct 11, 2023 |
| R-PA | Glenn Thompson | Original | Oct 11, 2023 |
| R-SC | Joe Wilson | Original | Oct 11, 2023 |
| R-LA | Julia Letlow | Original | Oct 11, 2023 |
| R-MI | Lisa C. McClain | Original | Oct 11, 2023 |
| R-PA | Lloyd Smucker | Original | Oct 11, 2023 |
| R-KS | Ron Estes | Original | Oct 11, 2023 |
| R-MI | Tim Walberg | Original | Oct 11, 2023 |
| R-NC | Virginia Foxx | Original | Oct 11, 2023 |
| R-FL | Aaron Bean | Oct 17, 2023 | |
| R-IL | Mary E. Miller | Oct 17, 2023 | |
| R-TX | Randy K. Weber, Sr. | Oct 19, 2023 | |
| R-MO | Eric Burlison | Oct 24, 2023 | |
| R-MI | John James | Oct 24, 2023 | |
| R-SC | Ralph Norman | Oct 24, 2023 | |
| R-GA | Rick W. Allen | Oct 24, 2023 | |
| R-NY | Anthony D'Esposito | Oct 25, 2023 | |
| R-CA | Doug LaMalfa | Oct 25, 2023 | |
| R-KY | Andy Barr | Nov 6, 2023 | |
| R-CA | Kevin Kiley | Nov 6, 2023 | |
| R-OR | Lori Chavez-DeRemer | Nov 6, 2023 | |
| R-WV | Carol D. Miller | Nov 14, 2023 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Education and Workforce Committee | Referred Oct 25, 2023Reported Nov 24, 2023 |
Actions 32
Everything that happened, newest first.
- Dec 7, 2023Received in the Senate.
- Dec 6, 2023Considered under the provisions of rule H. Res. 906. (consideration: CR H6166-6184; text: CR H6171-6175)
- Dec 6, 2023Rule 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.
- Dec 6, 2023House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 906 and Rule XVIII.
- Dec 6, 2023The Speaker designated the Honorable James C. Moylan to act as Chairman of the Committee.
In the Congressional Record 3
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H5123 | Michelle Steel R-CA | Sep 10, 2024 |
| House | Debate and remarks H6150, H6166–H6187, H6198Text printed H6171–H6175Amendments H6175, H6176, H6177, H6178, H6179, H6181Recorded votes H6185, H6186, H6187enactMolinaro amendment (require foreign donors to institutions disclose ties to designated terrorist groups)Scott of Virginia amendment (substitute) | Aaron Bean R-FL, Andrew Ogles R-TN (amendment), Ben Cline R-VA, Bob Good R-VA, Burgess Owens R-UT, Eric A. "Rick" Crawford R-AR, Judy Chu D-CA, Lisa C. McClain R-MI, Marcus J. Molinaro R-NY (amendment), Michelle Steel R-CA, Mike Carey R-OH (amendment), Pat Fallon R-TX (amendment), Robert C. "Bobby" Scott D-VA (amendment), Scott Perry R-PA (amendment), Sheila Jackson Lee D-TX, Virginia Foxx R-NC (amendment), W. Gregory Steube R-FL | Dec 6, 2023 |
| House | Debate and remarks H6120–H6129Text printed H6120Amendments H6127Recorded votes H6128consideration (H. Res. 906), previous question | Erin Houchin R-IN, James P. McGovern D-MA (amendment) | Dec 5, 2023 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimate
- Nov 15, 2023H.R. 5933, DETERRENT ActAs ordered reported by the House Committee on Education and the Workforce on November 8, 2023
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 166, October 11, 2023, page H5000.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 118-31 | HOLDING CAMPUS LEADERS ACCOUNTABLE AND CONFRONTING ANTISEMITISM227 pages | Education and Workforce Committee | Dec 5, 2023 |
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| IF12927 | Section 117 of the Higher Education Act: Reporting of Foreign Gifts and Contracts | Resource | Mar 25, 2026 |
Amendments 8
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| HAmdt 826 | An amendment numbered 1 printed in Part B of House Report 118-298 to make technical corrections to fix citations and adjust punctuation and clarifies language on gifts, enforcement, and the Government Accountability Office Study. | Virginia Foxx R-NC | On agreeing to the Foxx amendment (A001) Agreed to by voice vote. |
| HAmdt 827 | An amendment numbered 2 printed in Part B of House Report 118-298 to remove the personally identifiable information of staff or faculty required to disclose gifts and contracts in the bill. | Mike Carey R-OH | On agreeing to the Carey amendment (A002) Agreed to by voice vote. |
| HAmdt 828 | An amendment numbered 3 printed in Part B of House Report 118-298 to prohibit institutions that commit three violations under this Act from obtaining a waiver or a renewal of a waiver. | Pat Fallon R-TX | On agreeing to the Fallon amendment (A003) Agreed to by voice vote. |
| HAmdt 829 | An amendment numbered 4 printed in Part B of House Report 118-298 to increase by one year - from four years to five years - the length of time disclosures must be publicly maintained. | Pat Fallon R-TX | On agreeing to the Fallon amendment (A004) Agreed to by voice vote. |
| HAmdt 830 | Amendment adds a requirement that foreign entities disclose any ties to designated foreign terrorist organizations, which includes Hamas. | Marcus J. Molinaro R-NY | On agreeing to the Molinaro amendment (A005) Agreed to by recorded vote: 372 - 39 (Roll no. 698). |
Related bills 4
Companion bills and other measures the record links to this one.
Titles 7
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Short Title(s) as Introduced
- DETERRENT Act
- Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act
- Short Title(s) as Reported to House
- Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act
- DETERRENT Act
- Short Title(s) as Passed House
- Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act
- DETERRENT Act
Subjects
Assigned by the Library of Congress. Policy area: Education.
Text 4
Each version as it was printed, newest first.
- Dec 7, 2023Received in Senate
- Dec 6, 2023Engrossed in House
- Nov 24, 2023Reported in House
- Oct 25, 2023Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
