ACE, Higher Education Groups Criticize Proposed Expansion of Reporting Requirements for Foreign Gifts and Contracts November 08, 2019 Section 1 Content Along with 29 other higher education associations, ACE submitted comments this week on the Department of Education’s (ED) proposed expansion of the reporting requirements for foreign gifts and contracts under Section 117 of the Higher Education Act (HEA), saying that it exceeds congressional authority.This small provision of the HEA requires institutions of higher education that receive more than $250,000 in a gift or contract from a foreign government, corporation, or individual to provide information to ED every six months. The reporting requirements have remained relatively obscure until this year, when ED began launching investigations into individual universities. Many institutions have been confused about what information they must provide under Section 117. Since January, ACE and others have repeatedly called on ED to clarify the reporting requirements, with no satisfactory response. But rather than issuing further guidance to institutions or going through the traditional negotiated rulemaking process—which carries the force of law—ED has published its proposal in the form of a checklist under the Paperwork Reduction Act.The new information collection would go well beyond the statute as written, the groups said in their comments. For example, it may require the reporting of contracts and gifts below the statute’s $250,000 threshold. That may also extend to the disclosure of the names and addresses of individual foreign donors, including alumni, even for small-dollar gifts, which could conflict with state laws protecting donor confidentiality. The groups also express concern over the time it will take for institutions to comply with these expanded reporting requirements. In turn, they say, by overwhelming ED with an enormous quantity of information that it would be unable to effectively use, the expansion “will actually undermine the congressional goal of bringing greater transparency to the relationships colleges and universities have with foreign entities.”For more details on the process and impact of the information collection, also read the memo ACE commissioned from Hogan Lovells LLP, which begins on page 18 of the comments. Section 2 Content Section 3 Content Section 4 Content Section 5 Content Section 6 Content Button Content Rail Content 1Related Content Higher Ed Groups Push Back on Ed Dept's Foreign Gift Reporting ProposalsEducation Dive | Nov. 7, 2019Comments and Memo on ED's Section 117 Information Collection RequestED Announces Plans to Expand Collection of Information own Foreign Gifts and ContractsSection 117 of the Higher Education Act Foreign Gift and Contract Reporting: Background and Summary of Issues of Concern Rail Content 2 Rail Content 3 Related News January 17, 2020 The House of Representatives voted 231-180 to pass a resolution to block Education Secretary Betsy DeVos' new borrower defense rule from going into effect. Read More News January 17, 2020 House Votes to Block Education Department Rule on Borrower Defense News January 13, 2020 The December webinar, “Whither Higher Education Act Reauthorization?” is now archived exclusively on ACE Engage®, ACE’s online community and learning platform. Read More News January 13, 2020 Missed Our Recent Webinar on HEA Reauthorization? No Problem, See It On ACE Engage. News December 13, 2019 Congress gave final approval Dec. 10 to the FUTURE Act, a bill that will restore and make permanent a $255 million per year funding stream for minority serving institutions. Read More News December 13, 2019 Congress Approves FUTURE Act Online Event December 10, 20191:00 PM to 1:45 PM This webinar will provide an overview of the prospects for HEA reauthorization, major issues involved with the legislation, and the implications for colleges and universities. Read More Online Event December 10, 20191:00 PM to 1:45 PM Whither HEA Reauthorization? News December 9, 2019 The Dec. 4 conversation, the first in a monthly series of Public Policy Pop-Ups, was hosted on ACE Engage®, ACE's peer-to-peer online community and learning platform. Read More News December 9, 2019 Public Policy Pop-Ups on ACE Engage Keep Campus Leaders in the Loop News December 9, 2019 The Senate has approved an amendment to the FUTURE Act that would permanently restore $255 million in funding for minority serving institutions and streamline the Free Application for Federal Student Aid (FAFSA). Read More News December 9, 2019 Senate Approves Compromise Measure to Extend MSI Funding, Simplify FAFSA News December 2, 2019 ACE is debuting a new feature called the Public Policy Pop-Up on ACE Engage®, ACE’s peer-to-peer online community and learning platform for higher education executives. Read More News December 2, 2019 Introducing Monthly Live Policy Updates on ACE Engage News November 25, 2019 ACE to host a webinar on the upcoming revised Title IX campus sexual assault regulations, and one on ED's proposed expansion of requirements for foreign gift and contract reporting. Read More News November 25, 2019 Coming Soon: ACE Webinars on Final Title IX Rule and Proposed Expansion of Foreign Gift and Contract Reporting Requirements News November 18, 2019 Register now for a Dec. 10 ACE webinar exploring whether the Higher Education Act (HEA) will be reauthorized anytime soon. Read More News November 18, 2019 ACE Webinar: Whither HEA Reauthorization?