U.S. Department of Education Information Collection Request based upon Section 117 of the Higher Education Act Foreign Gift and Contract Reporting

Over the last year, motivated largely by concerns about China’s perceived growing influence, federal policy makers and national security and science agencies have been looking into ways to protect sensitive research and academic freedom at American colleges and universities. As a result, the Department of Education and other policy makers have started to focus on the Sec. 117 foreign gift reporting requirements.

In December, the Department of Education Notice asked the Office of Management and Budget (OMB) to conduct an emergency review of the Department's Information Collection Request on Foreign Gifts and Contracts under Section 117 of the Higher Education Act.  This notice asks OMB to conduct an emergency review of the Department's Information Collection Request on Foreign Gifts and Contracts, which requires each institution of higher education to report gifts and contracts with foreign sources that exceed a value of $250,000 (Docket No. ED-2019-ICCD-0154).

In November of this year, the American Council on Education submitted a letter to the Department expressing concerns about the breadth of the request and rather than simplify the process will complicate the reporting process. In essence, it would increase the scope of Section 117 beyond what the statute requires and significantly expand the type of information colleges and universities must report. Click here for details on what new information might be required.