20 U.S.C. § 1011f — Disclosures of foreign gifts

submitted 28 years ago by Pub. L. 89-329 to r/title-20-EDUCATION · 1,080 words · no verdicts yet

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Institutions must report qualifying foreign gifts, contracts, ownership, and restrictions to the Secretary. Reports must include required country-attribution details, are public, substitute reports may be used, and knowing violations can be enforced in court with costs assessed.

(a) An institution owned or controlled by a foreign source, or receiving a gift from or entering a contract with one worth $250,000 or more alone or combined in a calendar year, must report to the Secretary on January 31 or July 31, whichever is sooner. (b) The report must give the total dollar amount of gifts and contracts from a foreign source other than a foreign government attributable to a particular country. For a natural-person foreign source, the country is the person’s country of citizenship or, if unknown, the person’s principal residence. For a legal-entity foreign source, the country is the entity’s country of incorporation or, if unknown, its principal place of business. The report must also give the total amount of gifts and contracts from each foreign government and, for foreign ownership or control, the source’s identity, the date ownership or control began, and any resulting program or structural changes. (c) For restricted or conditional gifts or contracts it must also give the amount, date, restrictions or conditions, and the required source country or government name. (d) A substantially similar State report, with required State assurances, or a substantially similar report required by another executive-branch department, agency, or bureau may be filed instead. (e) Reports are public records available for inspection and copying during business hours. (f) At the Secretary’s request, the Attorney General may sue in the appropriate Federal or territorial court to compel compliance. An institution that knowingly or willfully fails to comply must pay the Treasury the United States’ full investigation and enforcement costs. (g) The Secretary may issue regulations. (h) “Contract” means an agreement for a foreign source’s purchase, lease, or barter of property or services for either party’s direct benefit or use. “Foreign source” means a foreign government or agency, a legal entity created solely under foreign law, a non-United States citizen or national individual, or an agent including a subsidiary or affiliate acting for a foreign source. “Gift” means money or property. “Institution” means a qualifying public or private postsecondary institution or campus that awards a bachelor’s or more advanced degree, or provides a program of at least two years that is acceptable for full credit toward a bachelor’s degree, is in a State and legally authorized there to provide postsecondary education, is nationally accredited, and receives Federal assistance directly, indirectly, or through a supported subunit. “Restricted or conditional gift or contract” means property or an agreement containing provisions about faculty, departments or programs, student selection or admission, or specified-country, religion, sex, ethnic-origin, or political-opinion limits on student aid. This section does not otherwise define these quoted terms.

the actual law source: uscode.house.gov ↗public domain

(a) Disclosure report

Whenever any institution is owned or controlled by a foreign source or receives a gift from or enters into a contract with a foreign source, the value of which is $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year, the institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner.

(b) Contents of report

Each report to the Secretary required by this section shall contain the following:

(1)

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. The country to which a gift is attributable is the country of citizenship, or if unknown, the principal residence for a foreign source who 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 aggregate amount of such gifts and contracts received from each foreign government.

(3)

In the case of an institution which is owned or controlled by a foreign source, the identity of the foreign source, the date on which the foreign source assumed ownership or control, and any changes in program or structure resulting from the change in ownership or control.

Notwithstanding the provisions of subsection (b), whenever any institution receives a restricted or conditional gift or contract from a foreign source, the institution shall disclose the following:

(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) Relation to other reporting requirements

(1) State requirements

If an institution described under subsection (a) is within a State which has enacted requirements for public disclosure of gifts from or contracts with a foreign source that are substantially similar to the requirements of this section, a copy of the disclosure report filed with the State may be filed with the Secretary in lieu of a report required under subsection (a). The State in which the institution is located shall provide to 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 requirements substantially similar to those required under this section, a copy of the report may be filed with the Secretary in lieu of a report required under subsection (a).

(e) Public inspection

All disclosure reports required by this section shall be public records open to inspection and copying during business hours.

(f) Enforcement

(1) Court orders

Whenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section.

(2) Costs

For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, an institution shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement.

(g) Regulations

The Secretary may promulgate regulations to carry out this section.

(h) Definitions

For the purpose of this section—

(1)

the term “contract” means any 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;

(2)

the term “foreign source” means—

(A)

a foreign government, including an agency of a foreign government;

(B)

a legal entity, governmental or otherwise, created solely 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;

(3)

the term “gift” means any gift of money or property;

(4)

the term “institution” means any institution, public or private, or, if a multicampus institution, any single campus of such institution, in any State, that—

(A)

is legally authorized within such State to provide a program of education beyond secondary school;

(B)

provides a program for which the institution awards a bachelor’s degree (or provides not less than a 2-year program which is acceptable for full credit toward such a degree) or more advanced degrees; and

(C)

is accredited by a nationally recognized accrediting agency or association and to which institution Federal financial assistance is extended (directly or indirectly through another entity or person), or which institution receives support from the extension of Federal financial assistance to any of the institution’s subunits; and

(5)

the term “restricted or conditional gift or contract” means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding—

(A)

the employment, assignment, or termination of faculty;

(B)

the establishment of departments, centers, research or lecture programs, or new 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.

Source credit: (Pub. L. 89–329, title I, § 117, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1593.)

history & why it existsrecord from the source credit

1998Enacted · Pub. L. 89-329 · 112 Stat. 1593

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-329 on 1998-10-07.

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