H.R.1048 - Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act; DETERRENT Act (119th Congress)
Summary
H.R.1048, the DETERRENT Act, aims to increase transparency and oversight of foreign funding and influence in U.S. higher education. It amends the Higher Education Act of 1965 to strengthen disclosure requirements for foreign gifts and contracts to institutions. The bill also prohibits contracts between institutions and certain foreign entities or countries of concern, subject to waiver provisions.
Expected Effects
The DETERRENT Act will require more detailed reporting from colleges and universities regarding financial ties to foreign entities. This includes disclosing the names of foreign sources, the purpose of gifts or contracts, and any conditions attached. It also establishes a publicly searchable database of these disclosures and mandates information sharing among federal agencies.
Potential Benefits
- Increased transparency in higher education funding, allowing for better understanding of foreign influence.
- Enhanced national security by limiting contracts with countries or entities of concern.
- Improved ability to identify and manage potential conflicts of interest arising from foreign gifts and contracts.
- Greater accountability for institutions regarding their relationships with foreign entities.
- Provides a framework for interagency coordination to address foreign influence in higher education.
Potential Disadvantages
- Increased administrative burden on colleges and universities due to stricter reporting requirements.
- Potential chilling effect on legitimate international collaborations and research funding.
- Possible delays in research projects due to waiver requirements for contracts with countries of concern.
- Risk of deterring foreign students and scholars from certain countries from studying or working in the U.S.
- Potential for increased scrutiny and politicization of academic research.
Constitutional Alignment
The DETERRENT Act primarily aligns with Congress's power to regulate commerce with foreign nations (Article I, Section 8, Clause 3) and to provide for the common defense (Article I, Section 8, Clause 1). The reporting requirements could be viewed as an exercise of Congress's implied powers to oversee and regulate activities that affect national security and education. The First Amendment implications regarding academic freedom and freedom of association would need careful consideration in implementation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).