20 USC 1011f - Disclosures of foreign gifts

U.S Code last checked for updates: Nov 22, 2024

§ 1011f.

Disclosures of foreign gifts

(a)

Disclosure report

(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.

(c)

Additional disclosures for restricted and conditional gifts

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

(2)

Use of other Federal reports

(e)

Public inspection

(f)

Enforcement

(1)

Court orders

(2)

Costs

(g)

Regulations

(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.

(Pub. L. 89–329, title I, § 117, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998,

cite as: 20 USC 1011f