The Disclose GIFT Act would expand oversight of foreign influence in higher education by requiring certain colleges and universities to adopt and publicize policies on foreign gifts and contracts, and to collect and disclose annual reports from covered individuals. Specifically, eligible institutions would must report gifts and contracts from foreign sources each year and publish a publicly searchable database (excluding personal identifiers) with details such as dates, values, and the foreign source. The bill also creates enforcement mechanisms, including potential civil actions, fines, and ineligibility from Title IV programs for institutions with repeated noncompliance. In addition, the act requires the Department of Education to maintain a central point of contact, share information about foreign concerns, and conduct a GAO study on implementation and enforcement. The policy targets institutions that receive substantial federal funding for research or Title VI programs and defines a broad set of terms (foreign source, gift, contract, etc.). It also imposes governance requirements (compliance officers and institutional policy) and ties compliance to program participation. The bill would significantly increase transparency around foreign influence in university research and activities, while creating new regulatory and administrative burdens for certain higher education institutions.
Key Points
- 1Annual disclosure requirement: Covered individuals at eligible institutions must report every July 31 on gifts from foreign sources exceeding a threshold or with undetermined value, and contracts with foreign sources (with specific thresholds or conditions), including dates and other contract details.
- 2Public, searchable database: Institutions must maintain a publicly available database (on their website) with non-personal information about disclosed gifts and contracts, searchable by date, country, department, and foreign source, and with contract text where applicable. Data retention runs for several years (minimum 5 years after an event).
- 3Institutional policy and compliance officers: Institutions must establish a formal policy and appoint 1–3 compliance officers who certify compliance with the program requirements each time disclosures are required.
- 4Enforcement and penalties: The Secretary may investigate and, if necessary, seek civil action via the Attorney General. Institutions could be fined (with higher penalties for subsequent violations) and may face ineligibility from Title IV programs after multiple civil actions.
- 5Scope and definitions: The policy applies to certain higher education institutions that receive substantial federal funds (over $50 million for R&D in the prior five years or funds under Title VI). The bill provides detailed definitions for foreign sources, gifts, contracts, covered individuals, and foreign countries/entities of concern.
- 6Departmental coordination and transparency: A single Department point-of-contact would handle inquiries, provide status updates, maintain a list of foreign countries/entities of concern, and notify institutions of updates.
- 7GAO study and reporting requirement: The Comptroller General must study implementation and coordination within 180 days and report to Congress within 3 years.