What does Preamble of S 1296 do?

This bill, formally titled 'A BILL To amend the Higher Education Act of 1965 to strengthen disclosure requirements relating to foreign gifts and contracts, to prohibit contracts between institutions of higher education and certain foreign entities and countries of concern, and for other purposes,' aims to modify the Higher Education Act of 1965. The bill intends to strengthen disclosure requirements related to foreign gifts and contracts. It also seeks to prohibit contracts between institutions of higher education and specified foreign entities and countries of concern.

What does SHORT TITLE. of S 1296 do?

This bill is formally titled the ``Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act'' or the ``DETERRENT Act''.

What does DISCLOSURES OF FOREIGN GIFTS. of S 1296 do?

This section amends Section 117 of the Higher Education Act of 1965 to establish disclosure requirements for gifts and contracts from foreign sources. Institutions must file disclosure reports with the Secretary on July 31 following the calendar year in which they receive a gift or enter into a contract with a foreign source valued at $50,000 or more, or receive a gift from a foreign country of concern. Institutions substantially controlled by a foreign source must file a disclosure report annually. Reports must include details about the gift or contract, including the recipient at the institution, the intended purpose, and any restrictions. Contracts with foreign countries of concern require institutions to terminate the contract within 60 days of designation. The Secretary must notify authorizing committees before issuing waivers for contracts with foreign countries of concern. The Secretary of Education must share unredacted reports and investigation records with individuals listed in section 117(e) of the Higher Education Act within 90 days of the Act's enactment.

What does POLICY REGARDING CONFLICTS OF INTEREST FROM FOREIGN GIFTS AND of S 1296 do?

This section amends the Higher Education Act of 1965 to establish requirements for institutions receiving federal research funding. Institutions must maintain a policy requiring faculty and staff to disclose gifts from foreign sources exceeding a minimal value and contracts with foreign sources. Disclosures must be reported annually by July 31 and include details about the gift or contract, such as dates and values. Institutions must create a publicly available, searchable database of disclosed information, excluding certain protected data. The database must be accessible for a period of up to five years after the gift is received or the contract takes effect. Institutions must also develop a plan to identify and manage potential information gathering by foreign sources. The requirements apply to institutions receiving over $50 million in federal research funds or receiving funds under Title VI. Federal privacy laws generally do not apply to disclosures made under this section, except for protections related to natural persons and contracts with countries of concern. The term 'covered individual' is defined by reference to the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and guidance related to National Security Presidential Memorandum 33.

What does ENFORCEMENT AND OTHER GENERAL PROVISIONS. of S 1296 do?

This section amends the Higher Education Act of 1965 by inserting a new section, 117C, concerning enforcement. The Secretary of Education, through the General Counsel, is directed to investigate potential violations of sections 117, 117A, 117B, and 117C(c). If an institution is found to have knowingly or willfully violated these provisions, the Attorney General may bring a civil action to compel compliance. Institutions compelled to comply with these requirements must pay the full costs to the United States and may be subject to fines. Fines are imposed based on the type and frequency of violations, varying based on the specific section violated (117 or 117A) and whether it's a first-time or subsequent violation. Section 487 of the Higher Education Act is amended to require institutions to comply with sections 117, 117A, 117B, and 117C(c) as part of their program participation agreement. Institutions facing three separate civil actions resulting in compelled compliance may face ineligibility from programs authorized by the title for at least two institutional fiscal years. The Comptroller General is directed to conduct a study and submit a report to Congress on improving intergovernmental agency coordination regarding the implementation and enforcement of these sections.

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DETERRENT Act — S. 1296

Last updated: 4/3/2025 · Introduced: 4/3/2025

Author: Thomas Tillis (R-NC)

TL;DR (AI)

This bill strengthens disclosure requirements for institutions of higher education receiving gifts or contracts valued at $50,000 or more from foreign sources, including annual reports detailing the recipient, purpose, and restrictions.
Institutions receiving over $50 million in federal research funds or Title VI funds must require faculty and staff to disclose foreign gifts and contracts, and create a publicly accessible database of these disclosures.
The bill establishes enforcement mechanisms, including investigations by the Secretary of Education and potential civil actions and fines for institutions found to have knowingly violated the disclosure requirements, potentially leading to ineligibility for federal programs.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 3 more.

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