Page:United States Statutes at Large Volume 106 Part 1.djvu/828

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106 STAT. 796 PUBLIC LAW 102-325—JULY 23, 1992 of this report may be filed with the Secretary in Heu of a report required under subsection (a). "(e) FUBLic INSPECTION.—All disclosure reports required by this Act shall be public records open to inspection and copying during business hours. " (f) ENFORCEMENT. — "(1) COURT ORDERS.— Whenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated thereimder, a civil action may be brought in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of the Act. "(2) COSTS.—- For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereimder, an institution shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement. "(g) REGULATIONS.—The Secretary may promulgate regulations to carry out the ministerial duties imposed on the Secretary by this section. " (h) DEFINITIONS. — For the purpose of this section— "(1) the term 'contract' means 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; "(2) the term 'foreign source' means— "(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; "(3) the term 'gift' means any gift of money or property; "(4) the term 'institution* means any institution, public or private, or, if a multicampus institution, any single campus of such institution, in any State which— "(A) is legally authorized within such State to provide a program of education beyond secondary school; "(B) provides a program for which it awards a bachelor's degree (or provides not less than a 2-year program which is acceptable for full credit toward such a degree) or more advanced degrees; and "(C) is accredited by a nationally recognized accrediting agency or association and to which institution FedersQ financial assistance is extended (directly or indirectly through another entity or person), or which institution receives support from the extension of Federal financial assistance to any of its subimits; and "(5) the term 'restricted or conditional gift or contract' means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding (A) the