The letter, submitted by the American Council on Education and a coalition of higher education associations, provides detailed comments to the U.S. Department of Education regarding its proposed Information Collection Request (ICR) related to reporting foreign gifts and contracts under Section 117 of the Higher Education Act. The organizations affirm their commitment to transparency and compliance but express significant concerns that several elements of the ICR exceed the Department's statutory authority. They highlight issues such as the expansion of reportable entities beyond what is legally defined, the mandated disclosure of donor names and addresses (even for anonymous donors), and the prevailing use of an administratively burdensome reporting portal. The associations advocate for clearer definitions, alignment with the CHIPS and Science Act to streamline overlapping reporting requirements, and relief from excessive administrative burdens, including more accurate assessments of reporting time and costs.
The letter welcomes certain positive changes, such as the transfer of oversight from the Office of the General Counsel to the Federal Student Aid office and the clarification that “money out” contracts need not be reported. Nonetheless, the concerns emphasized include the lack of a formal rulemaking process, the problematic linking of Section 117 compliance to Title IV eligibility without statutory basis, and ongoing technical deficiencies of the current digital reporting portal, which increase the risk of errors and complicate compliance. The associations call for a collaborative rulemaking process, improved stakeholder engagement, and substantial technical upgrades to the reporting system. They also request the establishment of a clear point of contact within the Department for Section 117 matters and present a list of technical recommendations to address urgent usability issues with the current electronic filing system. The letter concludes by reiterating the higher education community’s willingness to engage constructively with the Department to refine regulatory requirements and facilitate effective, manageable compliance.
