Summary of Federal Laws
Miscellaneous Laws Affecting Universities
Higher Education Act of 1965 and Higher Education Amendments of 1998
(Disclosure Requirements on Foreign Source Interests)
20 U.S.C. § 1011f (former cite was 20 U.S.C. § 1145d)
By January and July 31 of each year, a postsecondary institution must file a disclosure report about ownership or control by, or contracts with or gifts from foreign sources. The institution must make the disclosure by January 31 for the prior year July 1 to December 31, and by July 31 for the year immediately preceding Jan. 1 to June 30.
Gifts and contracts of $250,000 or more (individual or in combination with other gifts from and/or contracts with the same foreign source) received or contracted within a calendar year must be reported to the Department of Education. This report must also be made available to the public during regular business hours (20 U.S.C. §1011f(e)). This disclosure report should contain the dollar amount of gifts received from and/or contracts entered into with a foreign source other than a foreign government, the amount of gifts received from or contracts entered into with a foreign government, and if the U.S. institution is owned or controlled by a foreign source, the identity of the foreign source, the date the foreign source gained ownership or control, and institutional program or structural changes that took place as a result of the change in ownership or control. If a restricted or conditional gift and/or contract is received by an institution, the following must also be disclosed: 1) the amount, date, and description of the conditions and restrictions for gifts received from and/or contracts entered into with a foreign source (other than a foreign government) as well as country of citizenship and country of incorporation; and 2) the amount, date, description of conditions and restrictions, name of foreign governments for gifts received from and/or contracts entered into with a foreign government.
Penalties for willful violation include full costs to U.S government of obtaining compliance.
The Department of Education determined no regulations were necessary to implement this law.
Hogan and Hartson Memo dated June 15, 2004
updated 4/23/05 to capture resources
links updated 6/18/08 rab
links updated 3/17/09 rab
updated 4/29/09 to add compliance partners
compliance links updated 6/3/09 rab
Links checked and updated June 24th, 2010, FJL.