Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB3362

Introduced
11/29/23  

Caption

DETERRENT Act Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act

Impact

This legislative effort is expected to enhance transparency in the funding sources of educational institutions and ensure that any foreign influence is adequately reported and regulated. By enforcing strict penalties for non-compliance—ranging from substantial fines to potential disqualification from federal funding programs—the DETERRENT Act aims to incentivize institutions to prioritize reporting and transparency. This could significantly alter how universities and colleges navigate international partnerships and funding, possibly discouraging engagements with foreign entities deemed to be of concern. Proponents argue that the bill could safeguard national interests and integrity in higher education.

Summary

Senate Bill 3362, titled the 'Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act' (DETERRENT Act), proposes significant amendments to the Higher Education Act of 1965. The bill places stringent requirements on institutions of higher education concerning the disclosure of foreign gifts and contracts, particularly those exceeding $50,000. Institutions must report these annually, detailing the nature of the gifts and contracts, as well as any associated restrictions. Additionally, the bill seeks to restrict contracts with designated foreign entities or countries of concern, thereby enhancing scrutiny on international dealings involving educational institutions.

Contention

Notable points of contention surrounding SB3362 involve concerns regarding academic freedom and the potential chilling effect on international collaborations. Critics argue that excessive regulation may hinder beneficial academic exchanges and research partnerships, particularly with countries that are not classified as hostile. The bill's broad definitions of foreign sources and entities of concern could lead to ambiguity, making institutions wary of entering international agreements. Thus, while the intent of the legislation is to promote transparency and accountability, opponents warn it may inadvertently stifle academic innovation and engagement on a global scale.

Companion Bills

US HB5933

Related DETERRENT Act Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act

US HB6165

Related RIFA Act Reporting on Investments in Foreign Adversaries Act

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