United States 119th Congress Status: In Committee 2 R cosponsors

HR 938 — No Contracts with Foreign Adversaries Act

Last action — Referred to the House Committee on Education and Workforce.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced February 04, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 18% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

No Contracts with Foreign Adversaries ActThis bill prohibits institutions of higher education (IHEs) from entering into contracts with a foreign country of concern (e.g., North Korea, China, Russia, or Iran) or with a foreign entity of concern (e.g., a foreign entity that is owned or controlled by North Korea, China, Russia, or Iran) without obtaining a waiver.The bill outlines the process by which an IHE may receive a waiver from the Department of Education (ED) to enter into a contract with a foreign country of concern or with a foreign entity of concern. Specifically, an IHE that desires to enter into such a contract may submit to ED, not later than 120 days before the IHE enters into such a contract, a request to waive the prohibition with respect to the contract. Generally, a waiver issued under this bill shall only waive the prohibition for a one-year period (subject to renewals). Additionally, the bill requires ED to notify Congress of the intent to issue a waiver, including a justification for the waiver.The bill also requires an IHE that has already entered into a contract prior to the bill's enactment to submit a waiver request to ED within 30 days of the bill's enactment.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.

Bill Text

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill introduces a new prohibition on contracts with certain foreign entities and countries for institutions of higher education, along with a waiver process.

  • 20 U.S.C. 1011

    SEC. 117A. PROHIBITION ON CONTRACTS WITH CERTAIN FOREIGN ENTITIES AND COUNTRIES. "(a) In General.--An institution shall not enter into a contract with a foreign country of concern or a foreign entity of concern."

    This adds a prohibition against entering contracts with foreign countries or entities deemed concerning.

  • 20 U.S.C. 1011

    "(b) Waivers.-- (1) In general.--A waiver issued under this section to an institution with respect to a contract shall only-- (A) waive the prohibition under subsection (a) for a 1-year period; and (B) apply to the terms and conditions of the proposed contract submitted as part of the request for such waiver."

    This establishes a waiver process for institutions wanting to contract with foreign entities of concern.

  • 20 U.S.C. 1011

    "(c) Designation During Contract Term.--In the case of an institution that enters into a contract with a foreign source that is not a foreign country of concern or a foreign entity of concern but which, during the term of such contract, is designated as a foreign country of concern or foreign entity of concern, such institution shall terminate such contract not later than 60 days after the Secretary notifies the institution of such designation."

    This mandates the termination of contracts if the foreign entity is designated as a concern during the contract term.

  • 20 U.S.C. 1011

    "(f) Enforcement.--(1) Investigation.--The Secretary (acting through the General Counsel of the Department) shall conduct investigations of possible violations of this section by institutions... (2) Civil action.--Whenever it appears that an institution has knowingly or willfully failed to comply with a requirement of this section..."

    This adds provisions for the investigation and enforcement of compliance with the new regulations.

  • 20 U.S.C. 1011

    "(g) Definitions.--In this section: (1) Contract.--The term 'contract'-- (A) means-- (i) any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source; (ii) any affiliation..."

    This introduces definitions relevant to contracts within the new prohibitions.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Education and Workforce.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 545 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (545)

545 members have not signed on to this bill.

Show all 545 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights education
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Frequently asked questions

What does HR 938 do?
No Contracts with Foreign Adversaries ActThis bill prohibits institutions of higher education (IHEs) from entering into contracts with a foreign country of concern (e.g., North Korea, China, Russia, or Iran) or with a foreign entity of concern (e.g., a foreign entity that is owned or controlled by North Korea, China, Russia, or Iran) without obtaining a waiver.The bill outlines the process by which an IHE may receive a waiver from the Department of Education (ED) to enter into a contract with a foreign country of concern or with a foreign entity of concern. Specifically, an IHE that desires to enter into such a contract may submit to ED, not later than 120 days before the IHE enters into such a contract, a request to waive the prohibition with respect to the contract. Generally, a waiver issued under this bill shall only waive the prohibition for a one-year period (subject to renewals). Additionally, the bill requires ED to notify Congress of the intent to issue a waiver, including a justification for the waiver.The bill also requires an IHE that has already entered into a contract prior to the bill's enactment to submit a waiver request to ED within 30 days of the bill's enactment.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.
Who sponsors HR 938?
HR 938 is sponsored by Harris, Mark (Republican) and Owens, Burgess (Republican).
What is the current status of HR 938?
This bill is in committee in the House. Introduced February 04, 2025. It must pass committee before a floor vote.
Where can I track HR 938?
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