Requirements
Higher Education Act, Section 117 (Section 117)
Combating Threats from Foreign Countries of Concern
Act of 2025 (HB 150)
Type of TransactionGifts and Contracts received from a foreign source, including its subsidiaries and affiliates (i.e. money, property, or services flowing into the Institute).Funding received by the University System of Georgia from a foreign country of concern, a foreign entity of concern, and/or a foreign individual of concern.
Value Threshold$250,000 or more from the same foreign source in a calendar year, alone or in aggregate.$1,000 or more from the same foreign source of concern in the most recent calendar quarters
Reporting DeadlinesJanuary 31 and July 31January 31 and July 31
Additional RequirementsFor restricted or conditional gifts or contracts, a description of the restriction or conditions is required. 

Must submit a copy of any contract, agreement, or MOU associated with the funding

Details regarding the purpose of the funding and indicating whether the funding was a one-time event or part of a series of funding events

Definitions

Core Reporting Offices
Office of Sponsored Programs, Office of Development, Bursar, Georgia Tech Foundation, Georgia Tech Europe, Georgia Tech Panama, Georgia Tech Research Corporation, Georgia Tech Applied Research Corporation, Georgia Tech Athletics, Office of Technology Licensing 

Contract (Section 117)
Any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties

Foreign Country of Concern (HB 150)

  • People’s Republic of China, including Hong Kong Special Administrative Region and the Macau Special Administrative Region (China);
  • Republic of Cuba (Cuba);
  • Islamic Republic of Iran (Iran);
  • Democratic People’s Republic of Korea (North Korea)
  • Russian Federation (Russia); and
  • Venezuelan politician Nicolas Maduro (Venezuela)

Foreign Source (Section 117)
Any of the following: (1) a foreign government, including an agency of a foreign government; (2) a legal entity, governmental or otherwise, created solely under the laws of a foreign state or states; (3) an individual who is not a citizen or a national of the US or a trust territory or protectorate of the US; and (4) an agent, including a subsidiary or an affiliate of a foreign legal entity, action on behalf of a foreign source.

Foreign Entity of Concern (HB 150)
Any organization, institution of higher education, association, corporation, or other entity organized under the laws of, or having its principal place of business in, a foreign country of concern or a subsidiary of any such entity. 

Foreign Individual of Concern (HB 150)
Any official of a foreign country of concern or any individual who id domiciled in a foreign country of concern and who is not a citizen or lawful permanent resident of the United States. 

Funding (HB 150)
Any gift (including non-monetary gifts that have quantifiable monetary value), grant, donation, payment in exchange for services, capital investment, salary, wage, compensation, fee, or other monetary exchange. The only exception is for payments made by individuals or familiars for tuition or fees. 

Gift (Section 117)
Any gift of money or property including a grant, endowment, award, or donation of money or property of any kind. 

Example of Items to Report

Gifts from a Foreign Source/Country of Concern
  • Donations of money or property of any kind (e.g. real estate, art, rare book, equipment, mortgages, copyrights, and other tangible property)
  • Awards or prizes of money or property of any kind
Contracts with a Foreign Source/Country of
  • Sponsored program agreements including:
    • Grants or contracts related to research
    • Grants or contracts for other sponsored activity (public service, testing, training, etc.)
    • Membership agreements
  • Licensing agreements
  • Memoranda of agreement, memoranda of understanding, and master service agreements, including:
    • Institutional/academic collaborations
    • Agreements involving instructional activities (e.g. corporate or executive education)
  • Scholarship/student sponsorship agreements, including:
    • When a private company, government, or other entity enters into an agreement with the Institute to sponsor tuition of any level of student and the payment is made directly to GT
  • Licensing Agreements
  • Real estate related agreements

Responsibilities

All units/departments/offices within the Impacted Entities identified below must semiannually report foreign gifts and contracts to the Office of the General Counsel in accordance with the guidance and procedures provided in this document. 

  • Impacted Entities
    • Georgia Institute of Technology
    • Georgia Tech Affiliated Organizations
    • Georgia Tech Europe
    • Georgia Tech Panama
  • Responsibilities for Section 117
    • Track all gifts or contracts received from any foreign source
    • Identify subsidiaries and affiliates of foreign sources
    • Report all transactions to OGC by the applicable deadline using the required spreadsheet
    • Provide OGC with the required supporting documentation for any transactions from the same foreign source when such transactions alone, or when aggregated, meet or exceed $30,000. All supporting documentation must be included with the spreadsheet.
    • If, after the collection period deadline, you identify a foreign gift/contract meeting the threshold of $30,000 that should have been included in a prior report, inform OGC immediately.
  • Responsibilities for HB 150
    • Track all Funding received from any foreign country, entity, and/or individual of concern.
    • Identify subsidiaries and affiliates of foreign countries of concern
    • Report all transactions to OGC by the applicable deadline using the required spreadsheet
    • Provide OGC with the required supporting documentation for any transactions from the same foreign government, entity, or individual of concern when such transactions alone, or when aggregated, meet or exceed $1,000. All supporting documentation must be included with the spreadsheet. 

Links

  • Spreadsheet Template (coming soon)

References: