H.R. 938 (119th)Bill Overview

No Contracts with Foreign Adversaries Act

Education|Civil actions and liabilityCongressional oversight
Cosponsors
Support
Republican
Introduced
Feb 4, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on Education and Workforce.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

This bill amends the Higher Education Act to prohibit institutions of higher education from entering into contracts with designated foreign countries or foreign entities of concern, except by a limited waiver process. Waivers last one year, require submission of full contract text and a compliance officer certification, and are issued only after consultation with multiple national security agencies and notification to congressional committees.

Why people may split

Progressives emphasize academic freedom and research chill risks.

Watch point

Relative to its intended legislative type, this bill is a clear substantive policy change that is accompanied by well-specified prohibitions, a detailed waiver process, defined enforcement tools, and integrated amendments to the Higher Education Act.

This bill amends the Higher Education Act to prohibit institutions of higher education from entering into contracts with designated foreign countries or foreign entities of concern, except by a limited waiver process.

Waivers last one year, require submission of full contract text and a compliance officer certification, and are issued only after consultation with multiple national security agencies and notification to congressional committees.

Institutions must terminate contracts if a party is later designated, face administrative investigations, civil enforcement, fines tied to federal funds, and potential temporary loss of Title IV program eligibility for repeated violations.

Passage40/100

Moderate national‑security appeal offset by academic backlash, enforcement complexity, and significant penalties for institutions.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a clear substantive policy change that is accompanied by well-specified prohibitions, a detailed waiver process, defined enforcement tools, and integrated amendments to the Higher Education Act. It provides concrete timelines, responsible officials, and penalty structures, but omits funding or resourcing provisions and some procedural safeguards and oversight details.

Contention50/100

Progressives emphasize academic freedom and research chill risks.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedWorkers

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitReduces national-security risks by blocking institutional contracts with designated hostile foreign governments or enti…
  • Potential benefitIncreases transparency by requiring unredacted contracts and institutional certifications for waiver consideration.
  • Potential benefitCreates demand for institutional compliance officers and legal staff to manage waivers and monitoring.
Likely burdened
  • Potential burdenRaises administrative and legal costs for institutions complying with disclosure, translation, and waiver requirements.
  • WorkersCould delay research collaborations and partnerships because of the 120-day waiver submission timeline.
  • WorkersMay reduce external funding and international collaboration opportunities if partners are designated entities.
03 · Why people split

Why the argument around this bill splits.

Progressives emphasize academic freedom and research chill risks.
Progressive65%

Likely supportive of limiting influence from hostile foreign states, but concerned about academic freedom, research collaboration, and impacts on students.

Worried the definitions and heavy penalties could chill open scientific exchange and harm public institutions with limited resources.

Would favor safeguards, narrower definitions, and protections for basic research and international students.

Split reaction
Centrist60%

Views the bill as a reasonable national-security measure but notes practical implementation challenges.

Sees merit in review and interagency consultation, while flagging administrative burden, timing issues, and severity of financial penalties.

Would seek clearer standards, an appeals path, and resources for compliance.

Split reaction
Conservative85%

Likely strongly supportive because it restricts contracts with foreign adversaries and imposes enforceable penalties.

Approves of interagency national-security consultations and strong fines to deter risky relationships.

May prefer even stricter rules, though some may press for faster designation authority.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood40/100

Moderate national‑security appeal offset by academic backlash, enforcement complexity, and significant penalties for institutions.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • Exact scope of 'foreign country/entity of concern' references
  • No cost estimate or budgetary impact included
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Progressives emphasize academic freedom and research chill risks.

Moderate national‑security appeal offset by academic backlash, enforcement complexity, and significant penalties for institutions.

Unlocked analysis

Relative to its intended legislative type, this bill is a clear substantive policy change that is accompanied by well-specified prohibitions, a detailed waiver process, defined enforcement tools, and integrated amendmen…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis