The letter, submitted by the American Council on Education and numerous higher education associations, provides formal feedback on the U.S. Department of Education’s (ED) proposed Information Collection Request (ICR) concerning the reporting of foreign gifts and contracts under Section 117. While acknowledging the significance of research security and transparency, as well as recent improvements such as the transfer of Section 117 oversight to the Office of Federal Student Aid and the creation of a new compliance website, the signatories highlight several unresolved issues. Chief concerns include the continued use of a burdensome reporting portal, lack of opportunities for stakeholder engagement in clarifying requirements, and perceived overextension of statutory authority—especially around the reporting obligations for intermediary organizations and the collection of individual donor information. The letter raises legal and confidentiality concerns regarding the requirement to disclose names and addresses of individual foreign donors, citing risks to donor privacy and potential constitutional implications.
The associations also express concerns about the accuracy of ED’s estimated reporting burden, arguing that actual institutional workloads greatly exceed current estimates due to the complexity and ambiguity of the process, as well as difficulties in obtaining guidance from the Department. Furthermore, they warn of regulatory duplication with similar National Science Foundation (NSF) requirements, urging inter-agency coordination to minimize institutional burden. The letter recommends enhancements to the reporting system through direct and ongoing engagement with the higher education community and technical users, emphasizing the need for system improvements, greater clarity in definitions, and more timely publication of submitted reports. Overall, the document calls for increased collaboration, transparency, and statutory conformity in implementing Section 117 reporting, underscoring the higher education community's commitment to compliance while seeking practical reforms to reduce undue burden and legal uncertainty.
