Foreign Gifts
Summary
NSPM-33 establishes standards for disclosing foreign gifts and support by reporting any gift or contract of $50,000. By policy, the University of Kansas requires the biannual collection and reporting of foreign gifts over $250,000 to the Department of Education under Section 117 of the Higher Education Act of 1965. During this process, all foreign gifts are collected, including gifts up to $250,000.
Making the Distinction
The Higher Education Act Section 117 (pdf) (HEA), as amended by PL 119-21, provides reporting requirements and, amongst other details, defines "Disclosure Reports" and "Foreign Source" which are pertinent to making the distinction between a disclosure under HEA and a disclosure under COI.
In addition to the HEA, Section 10339B(a) of the CHIPS and Science Act (pdf) requires the University of Kansas to disclose "current financial support, the value of which is $50,000 or more, including gifts and contracts, received directly or indirectly from a foreign source (as such term is defined in section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f(h)(2))) associated with a foreign country of concern."
It should be noted that the disclosure requirement from both the HEA and CHIPS and Science Act address gifts to the institution, that is the University of Kansas. When the gift or resources support University-based research activities (i.e. research related Other Support) , there are procedures that need to be followed by employees. They include:
- KUMC: Viewing Sponsored Projects or Research Gifts
- KUL: Article - Differentiating Between Spo...
The University will collect this information for HEA and CHIPS and Science Act reporting from the respective University departments or units, and the individual employee will have no responsibility to make additional reports for the purpose of the institution’s reporting requirements
If foreign support is provided to an individual, such as through a secondary appointment, rather than the University of Kansas, then a Conflict of Interest disclosure is required. The Disclosure Requirements page provides more information on this process.
The "Disclosure Report" is defined by the HEA as: Whenever any institution is owned or controlled by a foreign source or receives a gift from or enters 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, the institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner.
A "Foreign Source" is defined by the HEA as: (A) a foreign government, including an agency of a foreign government; (B) a legal entity, governmental or otherwise, created solely under the laws of a foreign state or states; (C) an individual who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and (D) an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source.
Other Support: Includes all resources made available to the investigator in support of and/or related to all of their research endeavors, including office/laboratory space, equipment, supplies, personnel, support service, start-up packages at other institutions and In-kind Contributions, regardless of whether or not they have monetary value and regardless of whether they are based at KU or KUMC. Other Support does not include training awards, prizes, gifts or start-up support from KU or KUMC.
In-kind Contributions: An item or service given with the expectation of an associated time commitment which are uniquely available to an individual as opposed to institution-wide resources such as core labs and shared equipment.
Still have questions?
Please contact GRS at GRS@ku.edu or call 785-864-0821.