DETERRENT Act

The DETERRENT Act aims to enhance transparency and national security within higher education by strengthening disclosure requirements for foreign financial ties. It mandates that institutions report gifts and contracts from foreign sources, with a lower threshold for reporting any engagement with designated foreign countries of concern or foreign entities of concern . These reports must include detailed information about the foreign source, purpose, value, and terms, with non-English documents requiring independent translation. A central provision of the bill prohibits institutions from entering into new contracts with foreign countries of concern or foreign entities of concern . Institutions may seek one-year waivers for such contracts, but only if they demonstrate the contract benefits the institution's mission and students while promoting U.S. security and economic vitality. Existing contracts with entities later designated as concerns must be terminated within 60 days, or a waiver must be sought. Beyond institutional disclosures, the Act requires certain research-intensive or federally funded institutions to establish policies for their faculty and staff, known as covered individuals , to disclose foreign gifts and contracts. This includes any contract with a foreign country of concern or foreign entity of concern , regardless of value, and mandates a publicly accessible database for this information. Institutions must also implement plans to manage potential espionage risks from foreign sources targeting these individuals. Furthermore, the bill introduces an investment disclosure report requirement for specified non-public institutions with substantial assets and investments. These institutions must annually report their holdings in investments of concern , which are defined as specified interests in foreign countries of concern or foreign entities of concern . The Secretary of Education is tasked with creating public, searchable databases for both institutional foreign gift/contract disclosures and investment reports. To ensure compliance, the Act establishes a robust enforcement mechanism, allowing the Secretary of Education to investigate violations and request civil actions from the Attorney General. Institutions found in knowing or willful non-compliance face significant financial penalties, including fines based on the value of undisclosed items or a percentage of federal funds received. Repeated violations can lead to ineligibility for federal programs and a prohibition from obtaining waivers for contracts with countries or entities of concern. Institutions must also designate compliance officers and establish internal policies to meet these new requirements, with the Comptroller General mandated to study intergovernmental coordination for enforcement.