DETERRENT Act

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

1. 20 U.S.C. 1011frewrittenby H.R. 1048 Sec. 2(a)

   117 Disclosures of foreign gifts.—(a) Disclosure reports.—(1) Aggregate gifts and contract disclosures.— An institution shall file with the Secretary, in accordance with subsection (b)(1), a disclosure report on July 31 of the calendar year immediately following any calendar year in which—(A) the institution receives a gift from, or enters into a contract with, a foreign source (other than a foreign country of concern or foreign entity of concern)—(i) the value of which is $50,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year; or(ii) the value of which is indeterminate; or(B) the institution—(i) receives a gift from a foreign country of concern or foreign entity of concern, without regard to the value of such gift; or(ii) upon receiving a waiver under section 117A to enter into a contract with such a country or entity, enters into such contract, without regard to the value of such contract.(2) Foreign source ownership or control disclosures.— Notwithstanding paragraph (1), in the case of an institution that is substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a foreign source, the institution shall file with the Secretary, in accordance with subsection (b)(2), a disclosure report on July 31 of each year.(3) Treatment of affiliated entities.— For purposes of this section, any gift to, or contract with, an affiliated entity of an institution shall be considered a gift to, or contract with, respectively, such institution.(b) Contents of report.—(1) Gifts and contracts.— Each report to the Secretary required under subsection (a)(1) shall include the following:(A) With respect to a gift received from, or a contract entered into with, any foreign source—(i) the name of the individual, department, or other entity at the institution receiving the gift or carrying out the contract on behalf of the institution;(ii) any intended purpose of the gift or contract communicated to the institution by the foreign source, and, as of the date of filing such report, the manner in which the institution intends to use such gift or contract;(iii) in the case of a restricted or conditional gift or contract, a description of each restriction or condition that meets the definition of the term restricted or conditional gift or contract in subsection (f);(iv) with respect to such a gift—(I) the total fair market dollar amount or dollar value of the gift, as of the date of submission of such report; and(II) the date on which the institution received such gift;(v) with respect to such a contract—(I) the total fair market dollar amount or dollar value of the contract, as of the date of submission of such report;(II) the date on which the institution enters into such contract;(III) the date on which such contract first takes effect;(IV) if the contract has a termination date, such termination date; and(V) an assurance that the institution will—(aa) maintain an unredacted copy of the contract until the latest of—(AA) the date that is 5 years after the date on which such contract first takes effect;(BB) the date on which the contract terminates; or(CC) the last day of any period that applicable State law requires a copy of such contract to be maintained; and(bb) upon request of the Secretary during an investigation under section 117D(a)(1), produce such an unredacted copy of the contract.(B) With respect to a gift received from, or a contract entered into with, a foreign source that is a foreign government (other than the government of a foreign country of concern)—(i) the name of such foreign government;(ii) the department, agency, office, or division of such foreign government that approved such gift or contract, as applicable; and(iii) the physical mailing address of such department, agency, office, or division.(C) With respect to a gift received from, or contract entered into with, a foreign source other than a foreign government subject to the requirements of subparagraph (B)—(i)(I) the legal name of the foreign source; or(II) in the case of a gift received from a foreign source that awarded such gift to the institution as an agent described in subsection (f)(4)(G) on behalf of another foreign source—(aa) the legal name of the foreign source that awarded such gift; and(bb) the legal name of the foreign source on whose behalf the gift was awarded, or a statement certified by a compliance officer in accordance with section 117D(c) that the institution has reasonably attempted to obtain such name;(ii) in the case of a foreign source that is a natural person, each country of citizenship of such person, or, if no such country is known, the principal country of residence of such person;(iii) in the case of a foreign source that is a legal entity, the country in which such entity is incorporated, or, if such information is not available, the principal place of business of such entity;(iv) the physical mailing address of such foreign source, or, if such address is not available, a statement certified by a compliance officer in accordance with section 117D(c) that the institution has reasonably attempted to obtain such address; and(v) any affiliation of the foreign source to an organization that is designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).(D) With respect to a contract entered into with a foreign source that is a foreign country of concern or a foreign entity of concern—(i) a complete and unredacted copy of the original contract, and if such original contract is not in English, a translated copy in accordance with subsection (c);(ii) a copy of the waiver received under section 117A for such contract; and(iii) the statement submitted by the institution for purposes of receiving such a waiver under section 117A(b)(2).(E) Wi

   The bill says: Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) is amended to read as follows:

   Bill text · Current law (20 U.S.C. 1011f)

2. 20 U.S.C. 1011added 117Aby H.R. 1048 Sec. 2(b)

   117A. Prohibition on contracts with certain foreign entities and countries.—(a) In general.— An institution shall not enter into a contract with a foreign country of concern or a foreign entity of concern.(b) Waivers.—(1) In general.— A waiver issued under this section to an institution with respect to a contract shall only—(A) waive the prohibition under subsection (a) for a 1-year period; and(B) apply to the terms and conditions of the proposed contract submitted as part of the request for such waiver.(2) Submission.—(A) First waiver requests.—(i) In general.— An institution that desires to enter into a contract with a foreign entity of concern or a foreign country of concern may submit to the Secretary, not later than 120 days before the institution enters into such a contract, a request to waive the prohibition under subsection (a) with respect to such contract.(ii) Contents of waiver request.— A waiver request submitted by an institution under clause (i) shall include—(I) the complete and unredacted text of the proposed contract for which the waiver is being requested, and if such original contract is not in English, a translated copy of the text into English (in a manner that complies with section 117(c)); and(II) a statement that—(aa) is certified by a compliance officer of the institution designated in accordance with section 117D(c); and(bb) includes information that demonstrates that such contract—(AA) is for the benefit of the institution’s mission and students; and(BB) will promote the security, stability, and economic vitality of the United States.(B) Renewal waiver requests.—(i) In general.— An institution that, pursuant to a waiver issued under this section, has entered into a contract, the term of which is longer than the 1-year waiver period and the terms and conditions of which remain the same as the proposed contract submitted as part of the request for such waiver may submit, not later than 120 days before the expiration of such waiver period, a request for a renewal of such waiver for an additional 1-year period (which shall include any information requested by the Secretary).(ii) Termination.— If the institution fails to submit a request under clause (i) or is not granted a renewal under such clause, such institution shall terminate such contract on the last day of the original 1-year waiver period.(3) Waiver issuance.— The Secretary—(A) not later than 60 days before an institution enters into a contract pursuant to a waiver request under paragraph (2)(A), or before a contract described in paragraph (2)(B)(i) is renewed pursuant to a renewal request under such paragraph, shall notify the institution—(i) if the waiver or renewal will be issued by the Secretary; and(ii) in a case in which the waiver or renewal will be issued, the date on which the 1-year waiver period starts; and(B) may only issue a waiver under this section to an institution if the Secretary determines, in consultation with each individual listed in section 117(e), that the contract for which the waiver is being requested—(i) is for the benefit of the institution’s mission and students; and(ii) will promote the security, stability, and economic vitality of the United States.(4) Disclosure.— Not less than 2 weeks prior to issuing a waiver under paragraph (2), the Secretary shall notify the authorizing committees of the intent to issue the waiver, including a justification for the waiver.(c) Designation during contract term.— In the case of an institution that enters into a contract with a foreign source that is not a foreign country of concern or a foreign entity of concern but which, during the term of such contract, is designated as a foreign country of concern or foreign entity of concern, such institution shall terminate such contract not later than 60 days after the Secretary notifies the institution of such designation.(d) Contracts prior to date of enactment.—(1) In general.— In the case of an institution that has entered into a contract with a foreign country of concern or foreign entity of concern prior to the date of enactment of the DETERRENT Act—(A) the institution shall as soon as practicable, but not later than 30 days after such date of enactment, submit to the Secretary a waiver request in accordance with clause (ii) of subsection (b)(2)(A); and(B) the Secretary shall, upon receipt of the request submitted under such clause, issue a waiver to the institution for a period beginning on the date on which the waiver is issued and ending on the sooner of—(i) the date that is 1 year after the date of enactment of the DETERRENT Act; or(ii) the date on which the contract terminates.(2) Renewal.— An institution that has entered into a contract described in paragraph (1), the term of which is longer than the waiver period described in subparagraph (B) of such paragraph and the terms and conditions of which remain the same as the contract submitted as part of the request required under subparagraph (A) of such paragraph, may submit a request for renewal of the waiver issued under such paragraph in accordance with subsection (b)(2)(B).(e) Contract defined.— The term contract has the meaning given such term in section 117(f).

   The bill says: Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by inserting after section 117 the following:

   Bill text · Current law (20 U.S.C. 1011)

3. 20 U.S.C. 1094(a)added (30)by H.R. 1048 Sec. 5(b)

   (30)(A) An institution will comply with the requirements of sections 117, 117A, 117B, 117C, and 117D(c).(B) In the case of an institution described in subparagraph (C), the institution will—(i) be ineligible to participate in the programs authorized by this title for a period of not less than 2 institutional fiscal years; and(ii) in order to regain eligibility to participate in such programs, demonstrate compliance with all requirements of each such section for not less than 2 institutional fiscal years after the institutional fiscal year in which such institution became ineligible.(C) An institution described in this subparagraph is an institution—(i) against which judgment has been granted in 3 separate civil actions described in section 117D(a)(2) that have each resulted in the institution being compelled to comply with one or more requirements of section 117, 117A, 117B, 117C, or 117D(c); and(ii) that pursuant to section 117D(a)(4)(E), is prohibited from obtaining a waiver, or a renewal of a waiver, under section 117A.

   The bill says: Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended by adding at the end the following:

   Bill text · Current law (20 U.S.C. 1094)

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.