E&W Blog

While it’s not uncommon for American institutions to have research and financial partnerships with foreign institutions, we know that our adversaries like the Chinese Communist Party often hijack these legitimate partnerships to steal research, indoctrinate students, and undermine our nation’s interests.

H.R. 5933, the DETERRENT Act is a bipartisan solution to combat this problem and bring much needed transparency to the financial ties that our universities have with foreign entities. To help cut through the noise surrounding the DETERRENT Act, we separate myth from fact:
 
Myth: Universities have no way of tracking information about gifts and contracts from foreign sources.
 
Fact: Universities easily track millions of dollars in contributions from sources such as athletic boosters. If institutions can keep tabs on these funds, there is no reason they can’t also keep tabs on funds they receive from foreign actors.
 
Myth: Reporting gifts and contracts will be a burdensome process and "chill" beneficial international collaboration.

Fact: Transparency is the best way to “trust but verify” that our students and citizens, not foreign adversaries, are benefiting. It should not be a problem for universities to be proactive, wary, and open about any relationships with our adversaries like China and Russia. 

Myth: DETERRENT and section 117 are duplicative of other existing law and unnecessary.
 
Fact: DETERRENT is aligned with existing laws and statutes. Unlike other laws, DETERRENT’s section 117 reforms would give the American public the ability to also hold schools accountable with transparent, available data.
 
Myth: DETERRENT hurts the privacy of individual faculty and puts them at risk.

Fact: The American public deserves to know if faculty research may be tainted by gifts and contracts with our enemies. A Republican amendment by Rep. Carey that publicly lists faculty disclosures by department maintains this transparency while addressing any lingering privacy concerns.

Myth: Institutions wouldn’t intentionally hide gifts in violation of section 117. 

Fact: Outside experts estimate as much as $13 billion was unreported until the Trump administration took section 117 seriously. Without reforms, universities still have a tempting financial incentive to conceal these funds, as evidenced by UC Berkeley’s $200+ million hidden relationship revealed just this year.
 
Myth: There have been many section 117 disclosures submitted under the Biden administration so there is nothing wrong with compliance.

Fact: Even when disclosures are made, they often lack names, dates, and purpose of funds, rendering them useless for true transparency. Quality matters, not just quantity.
 
Myth: The Biden administration takes section 117 seriously.
 
Fact: The Biden administration has failed to announce a single new section 117 investigation and has only just begun updating guidance on section 117 after pressure from Committee Republicans.
 
Myth: Foreign influence is not that big of a problem on college campuses.
 
Fact: Foreign adversaries like the Chinese Communist Party have a proven track record of stealing intellectual property, censoring academic discussion, and intimidating international students on college campuses. Countries hostile to Israel also use their money in academia to spread antisemitic ideas to students. 

Myth: Highlighting foreign influence is racist and could hurt students based on their ethnic background.
 
Fact: DETERRENT focuses on foreign sources, not individuals based on a certain ethnicity or background.