Us Congress 2025-2026 Regular Session

Us Congress House Bill HB938

Introduced
2/4/25  

Caption

No Contracts with Foreign Adversaries Act

Impact

The implications of HB 938 are significant, impacting existing frameworks of international cooperation in educational contexts. This bill will require institutions to be diligent in their dealings with foreign partners and will necessitate a robust compliance structure to ensure adherence to the new prohibitions. Failure to comply could result in severe penalties, including being barred from federal funding programs for extended periods. As this bill moves forward, it is expected to spark a dialogue about the balance between advancing higher education through global partnerships and safeguarding national interests from potential threats posed by foreign adversaries.

Summary

House Bill 938, known as the 'No Contracts with Foreign Adversaries Act,' proposes amendments to the Higher Education Act of 1965 with a focus on restricting contracts between institutions of higher education and designated foreign countries or entities deemed to be a concern for national security. The bill outlines a clear framework prohibiting educational institutions from entering into contracts with these foreign entities unless a specific waiver has been granted by the Secretary of Education, limiting the duration of such waivers to one year. Institutions must submit detailed requests for contracts they wish to engage in with these foreign entities, including compliance certifications, to secure a waiver. These stringent measures are intended to enhance national security by controlling foreign influence in American higher education.

Contention

Various points of contention surrounding HB 938 involve concerns about the scope of the defined 'foreign entities of concern' and the implications for research collaborations that often rely on international partnerships. Critics argue that the bill may hinder academic freedom and limit access to potentially beneficial collaborations that could advance knowledge and research outcomes. Furthermore, the waiver process, while intended to provide some flexibility, is viewed as a bureaucratic hurdle that may dissuade institutions from engaging with international partners altogether. Overall, the dialogue reflects a tension between national security objectives and the open nature of educational institutions.

Congress_id

119-HR-938

Policy_area

Education

Introduced_date

2025-02-04

Companion Bills

US HB1048

Related bill Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act or the DETERRENT ActThis bill expands oversight and disclosure requirements related to foreign sources and institutions of higher education (IHEs).Specifically, the bill requires an IHE to annually disclose to the Department of Education (ED) any year in which the IHEreceives a gift from a foreign country of concern (e.g., China or Russia) or foreign entity of concern of any dollar amount;receives a gift or contract from a foreign source (other than a foreign country of concern or foreign entity of concern) that is valued at $50,000 or more, considered alone or in combination with all other gifts or contracts within a calendar year (current disclosure threshold is $250,000 or more), or which has an undetermined monetary value;enters into a contract with a foreign country of concern or foreign entity of concern after receiving a waiver for such contract; oris substantially controlled by a foreign source.Additionally, the billprohibits IHEs from entering into contracts with a foreign country of concern or with a foreign entity of concern without obtaining a waiver,requires certain IHEs to disclose gifts or contracts between covered individuals (e.g., researchers) and foreign sources, andrequires private IHEs with specified assets or investments to file annual investment disclosure reports.The bill requires ED to investigate possible violations of this bill and outlines the various penalties for each violation. Penalties may include losing eligibility for federal student financial aid.

Similar Bills

US HB1048

Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act or the DETERRENT ActThis bill expands oversight and disclosure requirements related to foreign sources and institutions of higher education (IHEs).Specifically, the bill requires an IHE to annually disclose to the Department of Education (ED) any year in which the IHEreceives a gift from a foreign country of concern (e.g., China or Russia) or foreign entity of concern of any dollar amount;receives a gift or contract from a foreign source (other than a foreign country of concern or foreign entity of concern) that is valued at $50,000 or more, considered alone or in combination with all other gifts or contracts within a calendar year (current disclosure threshold is $250,000 or more), or which has an undetermined monetary value;enters into a contract with a foreign country of concern or foreign entity of concern after receiving a waiver for such contract; oris substantially controlled by a foreign source.Additionally, the billprohibits IHEs from entering into contracts with a foreign country of concern or with a foreign entity of concern without obtaining a waiver,requires certain IHEs to disclose gifts or contracts between covered individuals (e.g., researchers) and foreign sources, andrequires private IHEs with specified assets or investments to file annual investment disclosure reports.The bill requires ED to investigate possible violations of this bill and outlines the various penalties for each violation. Penalties may include losing eligibility for federal student financial aid.

US SB1296

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

US HB1999

Disclose GIFT Act Disclose Getting Involved in Foreign Transactions Act

US HB2271

Change of Ownership and Conversion Improvement Act

US SB994

PROTECT Students Act of 2025 Preventing Risky Operations from Threatening the Education and Career Trajectories of Students Act of 2025

US SB1260

Rural Housing Service Reform Act of 2025

US SB1067

Concrete and Asphalt Innovation Act of 2025

US HB1750

HEARD Act of 2025 Health Equity and Rare Disease Act of 2025