 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
                  Part B--Additional General Provisions
 
Sec. 1011f. Disclosures of foreign gifts


(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.

(c) Additional disclosures for restricted and conditional gifts

    Notwithstanding the provisions of subsection (b) of this section, 
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) of this section 
    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) of this 
    section. 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) of this section.

(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.

(Pub. L. 89-329, title I, Sec. 117, as added Pub. L. 105-244, title I, 
Sec. 101(a), Oct. 7, 1998, 112 Stat. 1593.)


                            Prior Provisions

    Provisions similar to this section were contained in section 1145d 
of this title prior to repeal by Pub. L. 105-244.
    A prior section 1011f, Pub. L. 89-329, title I, Sec. 127, as added 
Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 464, 
related to priority grant applications, prior to the general amendment 
of this subchapter by Pub. L. 105-244.
