HR1048119th CongressWALLET

DETERRENT Act

Sponsored By: Representative Baumgartner

Passed House

Summary

Mandatory annual disclosure of foreign gifts and contracts would require colleges and universities to report most foreign funding and creates rules to block or waive certain deals with designated foreign actors. It would also build a public database, require interagency information sharing, and set a new enforcement system with fines, recordkeeping, and compliance officers.

Show full summary
  • Colleges and universities would have to report gifts that total more than $50,000 from the same foreign source in a year, gifts of indeterminate value, and any gifts or contracts from countries or entities of concern. Institutions must keep unredacted contracts and related records for 5 years and appoint one to three compliance officers.
  • Students and campus programs could see changes to research partnerships and funded activities when contracts involve designated countries or entities of concern, because many such deals would be prohibited or require a Secretary-issued waiver.
  • The Department of Education would transmit unredacted reports to other agencies, maintain a public list of countries and entities of concern, and enforce the rules with fines (including minimums such as $50,000 and percentage-based penalties) and possible loss of Title IV eligibility for at least 2 institutional fiscal years.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 3 costs, 2 mixed.

Stronger enforcement and big fines for colleges

If enacted, the Department would investigate possible violations and would ask the Attorney General to sue to force compliance. If a court orders a school to comply, the school would have to repay the government’s investigation and enforcement costs and pay tiered fines. For missed reports on known‑value items, first‑time fines would be at least $50,000 or the item’s value; later fines would be at least $100,000 or twice the value. For unknown‑value items, fines would be a percentage of the school’s federal funds under this Act. For investment violations, first‑time fines could equal 50%–100% of holdings plus sold value, and later fines 100%–200%. A school with three such court judgments and barred from waivers would lose Title IV aid eligibility for at least two institutional fiscal years and would need two years of clean compliance to regain it.

Limits on contracts with foreign adversaries

If enacted, schools would be barred from signing contracts with listed countries or entities of concern. The Secretary could grant a one‑year waiver for specific contract terms after review. First‑time waiver requests would be due 120 days before the contract, and the Secretary would respond at least 60 days before the contract. Requests must include the full unredacted contract, an English translation if needed, and a signed statement showing the deal helps students and U.S. security and economic interests. If a counterparty is listed later, the school would have 60 days to end the contract.

Public reporting of foreign gifts to colleges

If enacted, schools would report by July 31 for any year they get a foreign gift or contract of $50,000 or more (alone or combined), or of indeterminate value. They would also report any gift or contract from a listed country or entity of concern, no matter the amount. Schools would keep unredacted contracts for at least five years (or until the contract ends, or as state law requires) and provide English translations by someone not tied to the foreign source. The Department would run a public, searchable website by May 31 of the year after enactment and post reports within 30 days; it would also send unredacted copies to key federal officials within 30 days and send older reports within 90 days of enactment. The Department would offer a help contact, allow batch uploads, publish a user guide, meet with a standing user group at least twice a year, keep a public list of countries and entities of concern, notify schools within 7 days of list changes, and give 90‑day status updates on investigations to Congress and affected schools.

Large private colleges must report investments

If enacted, a non‑public school with more than $6 billion in assets and more than $250 million in investments of concern would file a report by July 31 for any year it buys, sells, or holds such investments. The report would list purchases, sales, and holdings, show the year‑end total, the value of sales at the time of sale, and combined capital gains. Interests in pooled funds would count if the fund holds an investment of concern, unless the Secretary certifies otherwise after consulting Treasury and the SEC. The Department would add these reports to its public database within 30 days.

Colleges must name compliance officers

If enacted, each school would publish a compliance policy within 90 days and name 1 to 3 compliance officers. Covered people at the school would disclose foreign gifts each year above the federal minimal value, and contracts of $5,000 or more or of indeterminate value. Schools would post these disclosures in a public, searchable site within 30 days of receipt and keep records for at least five years (or longer if required). Compliance officers would certify the school’s filings, waiver requests, and other required steps. Title IV agreements would also explicitly require compliance with these sections.

Sponsors & CoSponsors

Sponsor

Baumgartner

WA • R

Cosponsors

  • Messmer

    IN • R

    Sponsored 2/6/2025

  • Owens

    UT • R

    Sponsored 2/6/2025

  • Allen

    GA • R

    Sponsored 2/6/2025

  • Kiley (CA)

    CA • R

    Sponsored 2/6/2025

  • Walberg

    MI • R

    Sponsored 2/6/2025

  • Wilson (SC)

    SC • R

    Sponsored 2/6/2025

  • Rulli

    OH • R

    Sponsored 2/6/2025

  • Foxx

    NC • R

    Sponsored 2/6/2025

  • Grothman

    WI • R

    Sponsored 2/6/2025

  • Onder

    MO • R

    Sponsored 2/7/2025

  • Tenney

    NY • R

    Sponsored 2/7/2025

  • Thompson (PA)

    PA • R

    Sponsored 2/7/2025

  • Weber (TX)

    TX • R

    Sponsored 2/10/2025

  • Barr

    KY • R

    Sponsored 2/11/2025

  • Houchin

    IN • R

    Sponsored 2/12/2025

  • Bean (FL)

    FL • R

    Sponsored 2/24/2025

  • Davis (NC)

    NC • D

    Sponsored 3/3/2025

  • Finstad

    MN • R

    Sponsored 3/5/2025

  • Perez

    WA • D

    Sponsored 3/5/2025

  • James

    MI • R

    Sponsored 3/10/2025

  • Moolenaar

    MI • R

    Sponsored 3/10/2025

Roll Call Votes

All Roll Calls

Yes: 241 • No: 169

house vote • 3/27/2025

On Passage

Yes: 241 • No: 169

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