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 received by colleges and universities. The bill also prohibits contracts between institutions of higher education and certain foreign entities and countries of concern, subject to waiver provisions.
The Act mandates institutions to report foreign gifts and contracts exceeding $50,000, or any amount from countries/entities of concern. It also requires institutions to disclose foreign ownership or control, and establishes a publicly accessible database of these disclosures. The bill further requires institutions to maintain policies regarding conflicts of interest arising from foreign gifts and contracts, and to report certain investments of concern.
Expected Effects
The DETERRENT Act will likely increase administrative burdens for higher education institutions due to enhanced reporting requirements. It will also likely reduce the amount of funding received from foreign countries of concern. This could lead to a decrease in certain research activities and academic programs, particularly those heavily reliant on foreign funding.
However, the increased transparency may deter undue foreign influence and protect intellectual property. It could also lead to a shift in funding sources for higher education, potentially towards domestic sources or other international partners.
Potential Benefits
- Enhanced transparency in foreign funding of higher education institutions.
- Reduced potential for undue influence from foreign countries of concern.
- Protection of intellectual property and national security interests.
- Increased awareness among faculty and staff regarding potential conflicts of interest.
- Promotion of responsible investment practices by higher education institutions.
Most Benefited Areas:
Potential Disadvantages
- Increased administrative burden and compliance costs for higher education institutions.
- Potential reduction in funding for research and academic programs, especially those reliant on foreign sources.
- Possible chilling effect on international collaborations and academic exchange.
- Risk of deterring legitimate foreign investment in U.S. higher education.
- Potential for increased scrutiny and politicization of academic research.
Constitutional Alignment
The DETERRENT Act primarily aligns with the constitutional power of Congress to regulate commerce with foreign nations (Article I, Section 8, Clause 3) and to provide for the general welfare (Article I, Section 8, Clause 1). The reporting requirements and restrictions on contracts with foreign entities could be seen as necessary and proper for executing these powers (Article I, Section 8, Clause 18).
However, some may argue that the Act could potentially infringe upon academic freedom, which is often considered a component of free speech protected by the First Amendment. The restrictions on certain contracts and the required disclosures could be viewed as chilling effects on research and collaboration. The balance between national security concerns and academic freedom would need to be carefully considered.
There are no explicit violations of the US Constitution.
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).