DETERRENT Act
Also known as Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act
Where it stands
- Introduced10/11/23
- Passed HousePassed 12/6/23
- Senate
- President
- Law
Passed the House 246–170 on December 6, 2023 (Roll Call 701 →). Received in the Senate on December 7, 2023. No Senate action since.
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Roll calls on this bill
- Democratic31 Yea · 170 Nay · 12 Not voting
- Republican215 Yea · 0 Nay · 5 Not voting
- Independent / Other0 Yea · 0 Nay · 0 Not voting
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.
What happens next
The Senate must pass the same text, then it goes to the President.
If it isn't enacted by Jan 3, 2025, it expires when the 118th Congress ends.
All actions (33)
- 10/11/23Introduced in House
- 10/25/23Referred to the House Committee on Education and the Workforce.
- 11/24/23Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 118-278.
- 11/24/23Placed on the Union Calendar, Calendar No. 223.
- 12/4/23Rules 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.
- 12/6/23Considered under the provisions of rule H. Res. 906. (consideration: CR H6166-6184; text: CR H6171-6175)
- 12/6/23Rule 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.
- 12/6/23House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 906 and Rule XVIII.
- 12/6/23The Speaker designated the Honorable James C. Moylan to act as Chairman of the Committee.
- 12/6/23GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5933.
- 12/6/23DEBATE - 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.
- 12/6/23DEBATE - 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.
- 12/6/23DEBATE - 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.
- 12/6/23DEBATE - 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.
- 12/6/23POSTPONED 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.
- 12/6/23DEBATE - 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.
- 12/6/23POSTPONED 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.
- 12/6/23DEBATE - 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.
- 12/6/23DEBATE - 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.
- 12/6/23POSTPONED 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.
- 12/6/23Ms. Foxx moved that the committee rise.
- 12/6/23On motion that the committee rise. Agreed to by voice vote.
- 12/6/23Committee of the Whole House on the state of the Union rises leaving H.R. 5933 as unfinished business.
- 12/6/23Considered as unfinished business. (consideration: CR H6184-6187)
- 12/6/23The House resolved into Committee of the Whole House on the state of the Union for further consideration.
- 12/6/23The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5933.
- 12/6/23The previous question was ordered pursuant to the rule.
- 12/6/23The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
- 12/6/23Passed/agreed to in House: On passage Passed by the Yeas and Nays: 246 - 170 (Roll no. 701).
- 12/6/23On passage Passed by the Yeas and Nays: 246 - 170 (Roll no. 701).
- 12/6/23Motion to reconsider laid on the table Agreed to without objection.
- 12/6/23The 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.
- 12/7/23Received in the Senate.