H.R.938 - No Contracts with Foreign Adversaries Act (119th Congress)
Summary
H.R. 938, the "No Contracts with Foreign Adversaries Act," aims to amend the Higher Education Act of 1965 by restricting contracts between institutions of higher education and "foreign countries of concern" or "foreign entities of concern." The bill requires institutions to seek waivers from the Secretary of Education before entering into such contracts, subject to review by national security and intelligence agencies. It also mandates compliance officers and imposes penalties for violations, including fines and potential ineligibility for federal funding.
Expected Effects
The bill will likely reduce the amount of collaboration and funding that US educational institutions receive from certain foreign entities. This could lead to a decrease in research funding and academic partnerships with these countries. The waiver process may create bureaucratic hurdles and delays for institutions seeking to engage in international collaborations.
Potential Benefits
- Enhanced National Security: Reduces the risk of foreign adversaries gaining undue influence or access to sensitive research and technology within US educational institutions.
- Protection of Intellectual Property: Safeguards American intellectual property and innovation from potential theft or exploitation.
- Increased Transparency: Requires institutions to disclose contracts with foreign entities, promoting greater transparency and accountability.
- Strengthened Institutional Oversight: Mandates the designation of compliance officers to ensure adherence to the Act's requirements.
- Promotes US Economic Vitality: By ensuring contracts benefit the US, it can help to promote the security, stability, and economic vitality of the United States.
Most Benefited Areas:
Potential Disadvantages
- Reduced Research Funding: Limits access to funding from foreign sources, potentially hindering research and development activities.
- Impeded Academic Collaboration: Restricts international collaborations and partnerships, limiting the exchange of knowledge and ideas.
- Increased Bureaucracy: Creates a complex waiver process that may be burdensome for institutions to navigate.
- Potential for Overreach: Broad definitions of "foreign country of concern" and "foreign entity of concern" could lead to unintended consequences and restrictions on legitimate collaborations.
- Financial Penalties: Institutions face significant fines for non-compliance, potentially diverting resources from educational programs.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the US Constitution is complex. Congress has the power to regulate commerce with foreign nations (Article I, Section 8). However, the restrictions on contracts could potentially raise concerns related to academic freedom and freedom of association, though these are not explicitly mentioned in the Constitution. The waiver process and definitions of "foreign country of concern" could be subject to scrutiny regarding due process and equal protection.
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).