The Council on Governmental Relations (COGR), representing major research universities and institutes, wrote to the Department of Education to express ongoing concerns regarding proposed changes to Section 117 reporting requirements for disclosing foreign gifts and contracts. While COGR acknowledges that the Department has made certain revisions addressing transparency and confidentiality, particularly regarding donor information protection under FOIA Exemption 4, it highlights that the unpredictability of disclosure outcomes remains problematic. The letter also raises issues with a new interpretation requiring disclosure of gifts or contracts managed through intermediary entities, arguing that this exceeds the Department’s statutory authority.
COGR joins the broader higher education community in critiquing the Department’s decision to forgo formal rulemaking and collaborative stakeholder engagement, instead implementing changes without adequate consultation. The organization contends that such an approach hinders, rather than helps, the shared goal of improving transparency and addressing foreign influence. COGR therefore urges the Department to reconsider its process, actively collaborate with higher education institutions, and utilize the established regulatory notice and comment mechanisms to provide needed clarity and guidance for compliance with Section 117.
