In comments submitted to the U.S. Department of Education, CASE urges the Department to make seven major changes to its proposed information collection request for foreign gifts and contracts. CASE also asks the department to provide additional guidance on several issues to ensure that colleges and universities can comply with the law.

On Sept. 6, the department issued a notice seeking comments on a proposed ICR for U.S. colleges and universities to report foreign gifts and contracts under Section 117 of the Higher Education Act. Section 117 requires higher education institutions to file a disclosure report with the department if they receive gifts from or enter 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. Public comments were due on Nov. 5.

In comments to the department, CASE President and CEO Sue Cunningham highlights a number of areas where the Department exceeds statutory authority in the proposed ICR. Most troubling are questions in the ICR requiring institutions to:

1. Provide donor names and addresses, including the names of donors who request anonymity

2. upload true copies of gift agreements.

CASE recommends the Department adhere to the law and eliminate these requirements.

Cunningham also notes the importance of giving by foreign donors.

“While CASE strongly supports transparency around the relationships that colleges and universities have with foreign governments, individuals, and entities, it is critical that any federal reporting or other requirements do not discourage anyone who wants to make a difference from making legitimate charitable gifts to educational institutions.”

In addition to submitting comments, CASE contributed to and signed on in support of comments on behalf of the higher education community submitted by the American Council on Education. A number of other higher education institutions and associations also submitted comments to the Department, all of which are posted on the regulations.gov website.

CASE will continue to provide updates on the proposed ICR as it moves through the review process. Thanks to all institutions who submitted comments directly to the Department and/or shared feedback on CASE’s comments.