[House Report 118-298]
[From the U.S. Government Publishing Office]


118th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                            { 118-298

======================================================================

 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4468) TO PROHIBIT THE 
 ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY FROM FINALIZING, 
 IMPLEMENTING, OR ENFORCING A PROPOSED RULE WITH RESPECT TO EMISSIONS 
 FROM VEHICLES, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF 
   THE BILL (H.R. 5933) TO AMEND THE HIGHER EDUCATION ACT OF 1965 TO 
  REQUIRE ADDITIONAL INFORMATION IN DISCLOSURES OF FOREIGN GIFTS AND 
CONTRACTS FROM FOREIGN SOURCES, RESTRICT CONTRACTS WITH CERTAIN FOREIGN 
 ENTITIES AND FOREIGN COUNTRIES OF CONCERN, REQUIRE CERTAIN STAFF AND 
 FACULTY TO REPORT FOREIGN GIFTS AND CONTRACTS, AND REQUIRE DISCLOSURE 
  OF CERTAIN FOREIGN INVESTMENTS WITHIN ENDOWMENTS; AND PROVIDING FOR 
  CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 88) PROVIDING FOR 
  CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, UNITED STATES 
CODE, OF THE RULE SUBMITTED BY THE DEPARTMENT OF EDUCATION RELATING TO 
  ``IMPROVING INCOME DRIVEN REPAYMENT FOR THE WILLIAM D. FORD FEDERAL 
   DIRECT LOAN PROGRAM AND THE FEDERAL FAMILY EDUCATION LOAN (FFEL) 
                               PROGRAM''

                                _______
                                

  December 4, 2023.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

              Mrs. Houchin, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 906]

    The Committee on Rules, having had under consideration 
House Resolution 906, by a record vote of 9 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4468, the 
Choice in Automobile Retail Sales Act of 2023, under a 
structured rule. The resolution waives all points of order 
against consideration of the bill. The resolution provides that 
the bill shall be considered as read. The resolution waives all 
points of order against provisions in the bill. The resolution 
provides one hour of general debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Energy and Commerce or their respective designees. 
The resolution makes in order only the amendment printed in 
part A of the report. Each amendment shall be considered only 
in the order printed in the report, may be offered only by a 
Member designated in the report, shall be considered as read, 
shall be debatable for the time specified in the report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question. All points of order 
against the amendment printed in part A of the report are 
waived. The resolution provides one motion to recommit. The 
resolution further provides for consideration of H.R. 5933, the 
DETERRENT Act, under a structured rule. The resolution waives 
all points of order against consideration of the bill. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Education and the Workforce or their respective 
designees. The resolution provides that the amendment in the 
nature of a substitute recommended by the Committee on 
Education and the Workforce now printed in the bill shall be 
considered as adopted and the bill, as amended, shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill, as amended. The resolution 
makes in order only those amendments printed in part B of the 
report. Each amendment shall be considered only in the order 
printed in the report, may be offered only by a Member 
designated in the report, shall be considered as read, shall be 
debatable for the time specified in the report equally divided 
and controlled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for 
division of the question. All points of order against the 
amendments printed in part B of the report are waived. The 
resolution provides one motion to recommit. The resolution 
further provides for consideration of H.J. Res. 88, Providing 
for congressional disapproval under chapter 8 of title 5, 
United States Code, of the rule submitted by the Department of 
Education relating to ``Improving Income Driven Repayment for 
the William D. Ford Federal Direct Loan Program and the Federal 
Family Education Loan (FFEL) Program'', under a closed rule. 
The resolution waives all points of order against consideration 
of the joint resolution. The resolution provides that the joint 
resolution shall be considered as read. The resolution waives 
all points of order against provisions in the joint resolution. 
The resolution provides one hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Education and the Workforce or their 
respective designees. The resolution provides one motion to 
recommit.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 4468 includes:
    --Clause 3(d) of rule XIII, which requires the inclusion of 
committee cost estimate in a committee report.
    Although the resolution waives all points of order against 
provisions in H.R. 4468, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment printed in part A of the report, the Committee is 
not aware of any points of order. The waiver is prophylactic in 
nature.
    Although the resolution waives all points of order against 
consideration of H.R. 5933, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 5933, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in part B of the report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.
    Although the resolution waives all points of order against 
consideration of H.J. Res. 88, the Committee is not aware of 
any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.J. Res. 88, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 173

    Motion by Mrs. Houchin to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................          Nay
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............          Nay
Mr. Norman......................................          Yea
Mr. Roy.........................................          Yea
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................          Yea
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENT TO H.R. 4468 IN PART A MADE IN ORDER

    1. Rodgers (WA): Clarifies the time-frame in which the 
bill's requirements apply. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 5933 IN PART B MADE IN ORDER

    1. Foxx (NC): Makes technical edits to fix citations and 
adjust punctuation. Clarifies language on gifts, enforcement, 
and the mandated GAO study. (10 minutes)
    2. Carey (OH): Revises the public, searchable database 
under Sec. 117b (2) to remove the personally identifiable 
information of staff or faculty required to disclose gifts and 
contracts in the bill. It would require Universities to include 
in the database the department, School, or college of the 
institution for the individual who is disclosing. Allows the 
names of the individuals making disclosures to be requested 
under the Freedom of Information Act. (10 minutes)
    3. Fallon (TX): Prohibits institutions that commit three 
violations under this Act from obtaining a waiver or a renewal 
of a waiver. (10 minutes)
    4. Fallon (TX): Strikes 4 years on page 6, line 17 and 
replaces it with 5 years. Strikes 4 years on page 26, line 14, 
and replaces it with 5 years. (10 minutes)
    5. Molinaro (NY): Includes a requirement that foreign 
entities disclose any ties to designated foreign terrorist 
organizations, which includes Hamas. (10 minutes)
    6. Ogles (TN): Reduces the threshold value at which gifts 
must be reported from $50,000 to $1. (10 minutes)
    7. Perry (PA), Ogles (TN): Adds international organizations 
to the definition of foreign sources for the purposes of 
Section 117, Disclosures of Foreign Gifts. (10 minutes)
    8. Scott (VA): Strikes and replaces bill language with a 
Democratic Amendment in the Nature of a Substitute. (10 
minutes)

          PART A--TEXT OF AMENDMENT TO H.R. 4468 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Rodgers of Washington 
               or Her Designee, Debatable for 10 Minutes

  Page 4, strike lines 1 through 6, and insert the following:
          ``(B) Any regulation proposed or prescribed, 
        including any revision to a regulation, under paragraph 
        (1) on or after January 1, 2021, shall not--

         PART B--TEXT OF AMENDMENTS TO H.R. 5933 MADE IN ORDER

1. An Amendment To Be Offered by Representative Foxx of North Carolina 
               or Her Designee, Debatable for 10 Minutes

  Page 7, line 4, strike ``subsection (f)(1)'' and insert 
``section 117D(a)(1)''.
  Page 17, beginning on line 3, strike ``identified as'' and 
all that follows through ``Code'' on line 7, and insert 
``associated with a category listed in the Commerce Control 
List maintained by the Bureau of Industry and Security of the 
Department of Commerce and set forth in Supplement No. 1 to 
part 774 of title 15, Code of Federal Regulations''.
  Page 19, beginning on line 12, strike ``point of contact of 
the institution described in section 117(h)'' and insert 
``compliance officer of the institution designated in 
accordance with section 117(f)''.
  Page 27, line 10, insert ``and'' after the semicolon.
  Page 27, line 11, strike ``a plan effectively to identify'' 
and insert ``an effective plan to identify''.
  Page 29, line 11, insert ``and'' after the semicolon.
  Page 29, strike ``; and'' and insert a period.
  Page 30, beginning on line 1, strike paragraph (4).
  Page 36, line 8, before the period insert the following: 
``and, whenever it appears that an institution has knowingly or 
willfully failed to comply with a requirement of any of such 
sections (including any rule or regulation promulgated under 
any such section), shall request that the Attorney General 
bring a civil action in accordance with paragraph (2).''
  Page 49, beginning on line 1, strike subsection (c) and 
insert the following:
  (c) GAO Study and Report.--
          (1) Study.--Not later than 180 days after the date of 
        enactment of this Act, the Comptroller General of the 
        United States shall initiate a study to identify ways 
        to improve intergovernmental agency coordination 
        regarding implementation and enforcement of sections 
        117, 117A, 117B, and 117C of the Higher Education Act 
        of 1965 (20 U.S.C. 1011f), as amended or added by this 
        Act, including increasing information sharing, 
        increasing compliance rates, and establishing processes 
        for enforcement.
          (2) Report.--Not later than 3 years after the date of 
        enactment of this Act, the Comptroller General of the 
        United States shall submit to Congress, and make 
        public, a report containing the results of the study 
        described in paragraph (1).
                              ----------                              


 2. An Amendment To Be Offered by Representative Carey of Ohio or His 
                   Designee, Debatable for 10 Minutes

  Page 26, line 8, insert ``(other than the name or any other 
personally identifiable information of a covered individual)'' 
after ``paragraph (1)''.
  Page 26, line 10, insert ``(other than the name or any other 
personally identifiable information of a covered individual)'' 
after ``paragraph (1)''.
  Page 27, beginning line 6, strike ``name of the individual 
making the disclosure'' and insert ``the narrowest of the 
department, school, or college of the institution, as 
applicable, for which the individual making the disclosure 
works''.
  Page 27, line 22, strike the period at the end and insert ``; 
and''.
  Page 27, after line 22, insert the following:
          ``(4) for purposes of investigations under section 
        117D(a)(1) or responses to requests under section 552 
        of title 5, United States Code (commonly known as the 
        `Freedom of Information Act'), the names of the 
        individuals making disclosures under paragraph (1).''.
                              ----------                              


3. An Amendment To Be Offered by Representative Fallon of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 44, after line 4, insert the following:
                  ``(E) Ineligibilty for waiver.----In the case 
                of an institution that has been fined pursuant 
                to subparagraph (A)(i), (B)(i) (C)(i), or 
                (D)(i) with respect to a calendar year, and 
                that knowingly or willfully fails to comply 
                with a requirement of section 117, 117A, 117B, 
                or 117C with respect to any 2 additional 
                calendar years, the Secretary shall prohibit 
                the institution from obtaining a waiver, or a 
                renewal of a waiver, under section 117A.''.
                              ----------                              


4. An Amendment To Be Offered by Representative Fallon of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 6, line 17, strike ``4'' and insert ``5''.
  Page 26, line 14, strike ``4'' and insert ``5''.
                              ----------                              


5. An Amendment To Be Offered by Representative Molinaro of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 8, line 22, strike ``and''.
  Page 9, line 3, strike the period and insert ``; and''.
  Page 9, after line 3, insert the following new clause:
                          ``(v) any affiliation of the foreign 
                        source to an organization that is 
                        designated as a foreign terrorist 
                        organization pursuant to section 219 of 
                        the Immigration and Nationality Act (8 
                        U.S.C. 1189).''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Ogles of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 22, strike ``$50,000'' and insert ``$1''.
  Page 38, beginning on line 3, strike ``not less than $50,000 
but''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Perry of Pennsylvania 
               or His Designee, Debatable for 10 Minutes

  Page 15, line 18, strike ``and''.
  Page 16, line 7, strike the period and insert ``; and''.
  Page 16, after line 7, insert the following subparagraph:
                  ``(F) an international organization (as such 
                term is defined in the International 
                Organizations Immunities Act (22 U.S.C. 
                288)).''.
                              ----------                              


 8. An Amendment To Be Offered by Representative Scott of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Strike section 1 and all that follows and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``DETERRENT Act of 2023''.

SEC. 2. DISCLOSURES OF FOREIGN GIFTS AND CONTRACTS.

  Section 117 of the Higher Education Act of 1965 (20 U.S.C. 
1011f) is amended to read as follows:

``SEC. 117. DISCLOSURES OF FOREIGN GIFTS AND CONTRACTS.

  ``(a) Disclosure Reports.--
          ``(1) Aggregate gift and contract disclosures.--An 
        institution shall file a disclosure report described in 
        subsection (b) with the Secretary not later than July 
        31 of the calendar year immediately following any 
        calendar year in which--
                  ``(A) the institution receives a gift from, 
                or enters into a contract with, a foreign 
                source, the value of which is $100,000 or more, 
                considered alone or in combination with all 
                other gifts from, or contracts with, that 
                foreign source within the calendar year; or
                  ``(B) the institution receives a gift from, 
                or enters into a contract with, a foreign 
                source, the value of which totals $250,000 or 
                more, considered alone or in combination with 
                all other gifts from, or contracts with, that 
                foreign source over the previous 3 calendar 
                years.
          ``(2) Foreign source ownership or control 
        disclosures.--In the case of an institution that is 
        substantially owned or controlled (as described in 
        section 668.174(c)(3) of title 34, Code of Federal 
        Regulations (or successor regulations)) by a foreign 
        source, the institution shall file a disclosure report 
        described in subsection (b) with the Secretary not 
        later than July 31 of every year.
  ``(b) Contents of Report.--Each report to the Secretary 
required under subsection (a) shall contain the following:
          ``(1)(A) In the case of gifts or contracts described 
        in subsection (a)(1)--
                  ``(i) for gifts received from, or contracts 
                entered into with, a foreign government, the 
                aggregate amount of such gifts and contracts 
                received from or entered into with such foreign 
                government;
                  ``(ii) for gifts received from, or contracts 
                entered into with, a foreign source other than 
                a foreign government, the aggregate dollar 
                amount of such gifts and contracts attributable 
                to a particular country and the legal or formal 
                name of the foreign source; and
                  ``(iii) the intended purpose of such gift or 
                contract, as provided to the institution by 
                such foreign source, or if no such purpose is 
                provided by such purpose is provided by such 
                source, the intended use of such gift or 
                contract, as provided by the institution.
          ``(B) For purposes of this paragraph, the country to 
        which a gift is attributable is--
                  ``(i) the country of citizenship or, if 
                unknown, the principal residence, for a foreign 
                source who is a natural person; or
                  ``(ii) the country of incorporation or, if 
                unknown, the principal place of business, for a 
                foreign source that is a legal entity.
          ``(2) In the case of an institution required to file 
        a report under subsection (a)(2)--
                  ``(A) for gifts received from, or contracts 
                entered into with, a foreign source, without 
                regard to the value of such gift or contract, 
                the information described in paragraph (1)(A);
                  ``(B) the identity of the foreign source that 
                owns or controls the institution;
                  ``(C) the date on which the foreign source 
                assumed ownership or control; and
                  ``(D) any changes in program or structure 
                resulting from such ownership or control.
          ``(3) An assurance that the institution will maintain 
        a true copy of each gift or contract agreement subject 
        to the disclosure requirements under this section, 
        until the latest of--
                  ``(A) the date that is 4 years after the date 
                of the agreement;
                  ``(B) the date on which the agreement 
                terminates; or
                  ``(C) the last day of any period of which 
                applicable State public record law requires a 
                true copy of such agreement to be maintained.
          ``(4) An assurance that the institution will--
                  ``(A) produce true copies of gift and 
                contract agreements subject to the disclosure 
                requirements under this section upon request of 
                the Secretary during a compliance audit or 
                other institutional investigation; and
                  ``(B) ensure that all contracts from the 
                foreign source are translated into English, as 
                applicable.
  ``(c) Additional Disclosures for Restricted and Conditional 
Gifts and Contracts.--Notwithstanding subsection (b), whenever 
any institution receives a restricted or conditional gift or 
contract from a foreign source, the institution shall disclose 
the following to the Secretary, translated into English:
          ``(1) For such gifts received from, or contracts 
        entered into with, a foreign source other than a 
        foreign government, the amount, the date, and a 
        description of such conditions or restrictions. The 
        report shall also disclose the country of citizenship, 
        or if unknown, the principal residence for a foreign 
        source which is a natural person, and the country of 
        incorporation, or if unknown, the principal place of 
        business for a foreign source which is a legal entity.
          ``(2) For gifts received from, or contracts entered 
        into with, a foreign government, the amount, the date, 
        a description of such conditions or restrictions, and 
        the name of the foreign government.
  ``(d) Database Requirement.--Beginning not later than 30 days 
before the July 31 immediately following the date of enactment 
of the DETERRENT Act of 2023, the Secretary shall--
          ``(1) establish and maintain a searchable database on 
        a website of the Department, under which each report 
        submitted under this section--
                  ``(A) is, not later than 60 days after the 
                date of the submission of such report, made 
                publicly available (in electronic and 
                downloadable format);
                  ``(B) can be identified and compared to other 
                such reports; and
                  ``(C) is searchable and sortable by--
                          ``(i) the date the institution filed 
                        such report;
                          ``(ii) the date on which the 
                        institution received the gift, or 
                        entered into the contract, which is the 
                        subject of the report; and
                          ``(iii) the attributable country of 
                        such gift or contract as described in 
                        subsection (b)(1)(B); and
          ``(2) indicate, as part of the public record of a 
        report included in such database, whether the report 
        was submitted by the institution with respect to a gift 
        received from, or a contract entered into with--
                  ``(A) a foreign source that is a foreign 
                government; or
                  ``(B) a foreign source that is not a foreign 
                government.
  ``(e) Relation to Other Reporting Requirements.--
          ``(1) State requirements.--If an institution that is 
        required to file a disclosure report under subsection 
        (a) is in a State that has enacted requirements for 
        public disclosure of gifts from. or contracts with, a 
        foreign source that includes all information required 
        under this section for the same or an equivalent time 
        period, the institution may file with the Secretary a 
        copy of the disclosure report filed with the State in 
        lieu of the report required under such subsection. The 
        State in which the institution is located shall provide 
        the Secretary such assurances as the Secretary may 
        require to establish that the institution has met the 
        requirements for public disclosure under State law if 
        the State report is filed.
          ``(2) Use of other federal reports.--If an 
        institution receives a gift from, or enters into a 
        contract with, a foreign source, where any other 
        department, agency, or bureau of the executive branch 
        requires a report containing all the information 
        required under this section for the same or an 
        equivalent time period, a copy of the report may be 
        filed with the Secretary in lieu of a report required 
        under subsection (a).
  ``(f) Modification of Reports.--The Secretary shall 
incorporate a process permitting institutions to revise and 
update previously filed disclosure reports under this section 
to ensure accuracy, compliance, and ability to cure.
  ``(g) Sanctions for Noncompliance.--
          ``(1) In general.--As a sanction for noncompliance 
        with the requirements under this section, the Secretary 
        may impose a fine on an institution that in any year 
        knowingly or willfully violates this section, that is--
                  ``(A) in the case of a failure to disclose a 
                gift or contract with a foreign source as 
                required under this section, or to comply with 
                the requirements of subparagraphs (A) and (B) 
                of subsection (b)(4) pursuant to the assurances 
                made under such subsection, in an amount that 
                is not less than $250 but not more than 50 
                percent of the amount of the gift or contract 
                with the foreign source; or
                  ``(B) in the case of any violation of the 
                requirements of subsection (a)(2), in an amount 
                that is not more than 25 percent of the total 
                amount of funding received by the institution 
                under this Act (other than funds received under 
                title IV of this Act).
          ``(2) Repeated failures.--
                  ``(A) Knowing and willful failures.--In 
                addition to a fine for a violation in any year 
                under paragraph (1), the Secretary may impose a 
                fine on an institution that knowingly or 
                willfully violates this section for 3 
                consecutive years, that is--
                          ``(i) in the case of a failure to 
                        disclose a gift or contract with a 
                        foreign source as required under this 
                        section or to comply with the 
                        requirements of subparagraphs (A) and 
                        (B) of subsection (b)(4) pursuant to 
                        the assurances made under such 
                        subsection, in an amount that is not 
                        less than $100,000 but not more than 
                        the amount of the gift or contract with 
                        the foreign source; or
                          ``(ii) in the case of any violation 
                        of the requirements of subsection 
                        (a)(2), in an amount that is not more 
                        than 25 percent of the total amount of 
                        funding received by the institution 
                        under this Act (other than funds 
                        received under title IV of this Act).
                  ``(B) Administrative failures.--The Secretary 
                may impose a fine on an institution that fails 
                to comply with the requirements of this section 
                due to administrative errors for 3 consecutive 
                years, in an amount that is not less than $250 
                but not more than 50 percent of the amount of 
                the gift or contract with the foreign source.
                  ``(C) Compliance plan requirement.--If an 
                institution fails to file a disclosure report 
                for a receipt of a gift from or contract with a 
                foreign source for 2 consecutive years, the 
                Secretary may require the institution to submit 
                a compliance plan.
  ``(h) Compliance Officer.--Any institution that is required 
to report a gift or contract under this section shall designate 
and maintain a compliance officer who--
          ``(1) shall be a current employee (including such an 
        employee with another job title or duties other than 
        the duties described in paragraph (2)) or legally 
        authorized agent of such institution; and
          ``(2) shall be responsible, on behalf of the 
        institution, for compliance with the foreign gift 
        reporting requirement under this section.
  ``(i) Single Point of Contact.--The Secretary shall appoint 
and maintain a single point of contact to--
          ``(1) receive and respond to inquiries and requests 
        for technical assistance from institutions of higher 
        education regarding compliance with the requirements of 
        this section; and
          ``(2) coordinate and implement technical improvements 
        to the database described in subsection (d), 
        including--
                  ``(A) improving upload functionality by 
                allowing for batch reporting, including by 
                allowing institutions to upload to the database 
                one file with all required information;
                  ``(B) publishing and maintaining, on an 
                annual basis, a database user guide that 
                includes information on how to edit an entry 
                and how to report errors;
                  ``(C) creating a user group (to which chapter 
                10 of title 5, United States Code, shall not 
                apply) to discuss possible database 
                improvements, which shall--
                          ``(i) include at least--
                                  ``(I) 3 members representing 
                                public institutions with high 
                                or very high levels of research 
                                activity (as defined by the 
                                National Center for Education 
                                Statistics);
                                  ``(II) 2 members representing 
                                private, nonprofit institutions 
                                with high or very high levels 
                                of research activity (as so 
                                defined);
                                  ``(III) 2 members 
                                representing proprietary 
                                institutions of higher 
                                education (as defined in 
                                section 102(b)); and
                                  ``(IV) 2 members representing 
                                area career and technical 
                                education schools (as defined 
                                in subparagraph (C) or (D) of 
                                section 3(3) of the Carl D. 
                                Perkins Career and Technical 
                                Education Act of 2006 (20 
                                U.S.C. 2302(3)); and
                          ``(ii) meet at least twice a year 
                        with officials from the Department to 
                        discuss possible database improvements; 
                        and
                  ``(D) publishing, on a publicly available 
                website--
                          ``(i) following each meeting 
                        described in subparagraph (C)(ii), 
                        recommended database improvements; and
                          ``(ii) with respect to each 
                        recommended improvement described in 
                        clause (i)--
                                  ``(I) the decision of the 
                                Department as to whether such 
                                recommended improvement will be 
                                implemented; and
                                  ``(II) the rationale for such 
                                decision.
  ``(j) Treatment of Certain Payments and Gifts.--
          ``(1) Exclusions.--The following shall not be 
        considered a gift from, or contract with, a foreign 
        source under this section:
                  ``(A) Any payment of one or more elements of 
                a student's cost of attendance (as defined in 
                section 472) to an institution by, or 
                scholarship from, a foreign source who is a 
                natural person, acting in their individual 
                capacity and not as an agent for, at the 
                request or direction of, or on behalf of, any 
                person or entity (except the student), made on 
                behalf of students that is not made under 
                contract with such foreign source, except for 
                the agreement between the institution and such 
                student covering one or more elements of such 
                student's cost of attendance.
                  ``(B) Assignment or license of registered 
                industrial and intellectual property rights, 
                such as patents, utility models, trademarks, or 
                copy-rights, or technical assistance, that are 
                not identified as being associated with a 
                national security risk or concern.
                  ``(C) Any payment from a foreign source that 
                is solely for the purpose of conducting one or 
                more clinical trials.
          ``(2) Inclusions.--Any gift to, or contract with, an 
        entity or organization, such as a research foundation, 
        that operates substantially for the benefit or under 
        the auspices of an institution shall be considered a 
        gift to, or contract with, such institution.
  ``(k) Definitions.--In this section--
          ``(1) the term `clinical trial' means a research 
        study in which one or more human subjects are 
        prospectively assigned to one or more interventions to 
        evaluate the effects of those interventions on health-
        related biomedical or behavioral outcomes;
          ``(2) the term `contract'--
                  ``(A) means any--
                          ``(i) agreement for the acquisition 
                        by purchase, lease, or barter of 
                        property or services by the foreign 
                        source, for the direct benefit or use 
                        of either of the parties, except as 
                        provided in subparagraph (B); or
                          ``(ii) affiliation, agreement, or 
                        similar transaction with a foreign 
                        source that is based on the use or 
                        exchange of an institution's name, 
                        likeness, time, services, or resources, 
                        except as provided in subparagraph (B); 
                        and
                  ``(B) does not include any agreement made by 
                an institution located in the United States for 
                the acquisition, by purchase, lease, or barter, 
                of property or services from a foreign source;
          ``(3) the term `foreign source' means--
                  ``(A) a foreign government, including an 
                agency of a foreign government;
                  ``(B) a legal entity, governmental or 
                otherwise, created under the laws of a foreign 
                state or states;
                  ``(C) an individual who is not a citizen or a 
                national of the United States or a trust 
                territory or protectorate thereof; and
                  ``(D) an agent, including a subsidiary or 
                affiliate of a foreign legal entity, acting on 
                behalf of a foreign source;
          ``(4) the term `gift'--
                  ``(A) means any gift of money, property, 
                resources, staff, or services; and
                  ``(B) does not include anything described in 
                section 487(e)(2)(B)(ii);
          ``(5) the term `institution' means an institution of 
        higher education, as defined in section 102, or, if a 
        multicampus institution, any single campus of such 
        institution, in any State; and
          ``(6) the term `restricted or conditional gift or 
        contract' means any endowment, gift, grant, contract, 
        award, present, or property of any kind that includes 
        provisions regarding--
                  ``(A) the employment, assignment, or 
                termination of faculty;
                  ``(B) the establishment of departments, 
                centers, institutes, instructional programs, 
                research or lecture programs, or faculty 
                positions;
                  ``(C) the selection or admission of students; 
                or
                  ``(D) the award of grants, loans, 
                scholarships, fellowships, or other forms of 
                financial aid restricted to students of a 
                specified country, religion, sex, ethnic 
                origin, or political opinion.''.

SEC. 3. REGULATIONS.

  (a) Regulations.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Education shall begin 
the negotiated rulemaking process under section 492 of the 
Higher Education Act of 1965 (20 U.S.C. 1098a) to carry out the 
amendment made by section 2.
  (b) Issues.--Regulations issued pursuant to subsection (a) to 
carry out the amendment made by section 2 shall, at a minimum, 
address the following issues:
          (1) Instructions on reporting structured gifts and 
        contracts.
          (2) The inclusion in institutional reports of gifts 
        received from, and contracts entered into with, foreign 
        sources by entities and organizations, such as research 
        foundations, that operate substantially for the benefit 
        or under the auspices of the institution.
          (3) Procedures to protect confidential or proprietary 
        information included in gifts and contracts.
          (4) The alignment of such regulations with the 
        reporting and disclosure of foreign gifts or contracts 
        required by Federal agencies other than the Department 
        of Education, including with respect to--
                  (A) the CHIPS Act of 2022 (Division A of 
                Public Law 117-167; 15 U.S.C. 4651 note);
                  (B) the Research and Development, 
                Competition, and Innovation Act (Division B of 
                Public Law 117-167; 42 U.S.C. 18901 note); and
                  (C) any guidance released by the White House 
                Office of Science and Technology Policy, 
                including the Guidance for Implementing 
                National Security Presidential Memorandum 33 
                (NSPM-33) on National Security Strategy for 
                United States Government-supported Research and 
                Development published by the Subcommittee on 
                Research Security and the Joint Committee on 
                the Research Environment in January 2022.
          (5) The treatment of foreign gifts or contracts 
        involving research or technologies identified as being 
        associated with a national security risk or concern.
  (c) Effective Date.--The amendment made by section 2 shall 
take effect on the date on which the regulations issued under 
subsection (a) take effect.