Unconsolidated Pennsylvania Statutes

EDUCATION (Title 24)

HIGHER EDUCATION GIFT DISCLOSURE ACT

§ 6301. Short title.
§ 6302. Definitions.
§ 6303. Disclosure requirements.
§ 6304. Alumni gift reports.
§ 6305. Publication of gifts and contracts.
§ 6306. Sworn statement of nationality.
§ 6307. Penalties.

§ 6301. Short title.

This act shall be known and may be cited as the Higher Education Gift Disclosure Act.

§ 6302. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"College or university."

Any nonprofit educational institution situated within this Commonwealth empowered to provide a program of education beyond the high school level and which, by virtue of governing law and regulation, is recognized by the State Board of Education as an institution of higher education and which places no restrictions upon the admission of students based upon race, creed, or national origin. The term includes all institutions of the State System of Higher Education.

"Department."

The Department of Education of the Commonwealth.

"Foreign government."

Any government other than the United States Government or the government of a state or a political subdivision thereof. The term shall include an agent of such government.

"Foreign legal entity."

1. Any legal entity created under the laws of a foreign government.
2. Any legal entity created under the laws of the United States or of any state or political subdivision thereof if:
   1. fifty percent of the ownership of the stock of, or interest in, such legal entity is directly or indirectly owned legally or beneficially by one or more foreign governments or one or more foreign persons;
   2. fifty percent of the membership of any such entity is composed of foreign persons or legal entities created under the laws of a foreign government or agents of such legal entities; or
   3. fifty percent of the assets of such entity are derived from contributions or loans from foreign governments or foreign persons.

"Foreign person."

Any foreign legal entity and any individual who is not a citizen or national of the United States or a trust territory or protectorate thereof. The term shall include an agent of such individual.

"Gift."

Any contract, gift, grant, endowment, award, or donation of money or property of any kind, or any combination of these, which in any one fiscal year equals or exceeds $100,000.

"Secretary."

The Secretary of Education of the Commonwealth.

§ 6303. Disclosure requirements.

[to be inserted.]

§ 6304. Alumni gift reports.

Notwithstanding the provisions of this act, if the foreign source is an alumnus, and no grant or contract contains any conditions, restrictions, requirements, matching provisions or designations other than that the grant or contract is given for the benefit of the institution as a whole, the disclosure report shall be required to disclose only the nationality and country of residence of the foreign source.

§ 6305. Publication of gifts and contracts.

The information subject to disclosure under section 3 [§ 6303] shall be a matter of public record and shall be made available by the department to the general public for review and copying during normal business hours.

§ 6306. Sworn statement of nationality.

[to be inserted.]

§ 6307. Penalties.

[to be inserted.]

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