Page:United States Statutes at Large Volume 100 Part 2.djvu/476

 100 STAT. 1578

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State and local governments.

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PUBLIC LAW 99-498—OCT. 17, 1986

unknown, the principal place of business for a foreign source which is a legal entity. ' "(2) For gifts received from or contracts entered into with a foreign government, the amount, the date, a description of such conditions or restrictions, and the name of the foreign government. "(d)(1) If an institution described under subsection (a) is within a State which has enacted requirements for public disclosure of gifts from or contracts with a foreign source that are substantially similar to the requirements of this section, a copy of the disclosure report filed with the State may be filed with the Secretary in lieu of a report required under subsection (a). The State in which the institution is located shall provide to the Secretary such assurances as the Secretary may require to establish that the institution has met the requirements for public disclosure under State law if the State report is filed. "(2) If an institution receives a gift from, or enters into a contract with, a foreign source, where any other department, agency, or bureau of the executive branch requires a report containing requirements substantially similar to those required under this Act, a copy of this report may be filed with the Secretary in lieu of a report required under subsection (a). ' (e) All disclosure reports required by this Act shall be public records open to inspection and copying during business hours. "(f)(1) Whenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated thereunder, 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) For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, 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) The Secretary may promulgate regulations to carry out the ministerial duties imposed on the Secretary by this section. "(h) 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; V "(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; - jv i ' f 1 "(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—

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