Transparency Regarding Foreign Influence at American Universities
This Executive Order directs the Department of Education and other federal agencies to strengthen enforcement and public disclosure of foreign gifts, contracts, and other funding to U.S. colleges and universities under Section 117 of the Higher Education Act (20 U.S.C. 1011f). It calls for reversing prior administrative changes that limited investigations, requiring more detailed disclosure about the true source and purpose of foreign funds, increasing public access to those disclosures, and coordinating with the Department of Justice to audit, investigate, and enforce compliance. The Order also directs agencies that provide federal research or other grants to make certification of Section 117 compliance a material condition for receiving federal funds, so noncompliance can affect grant eligibility and expose institutions to enforcement under related laws. The purpose is to increase transparency about foreign influence in American higher education and protect national-security and academic interests. Potential impacts include greater reporting and investigative activity by federal agencies, increased administrative and compliance burdens for universities, possible reductions or changes in foreign funding flows, and heightened risk of enforcement actions or grant penalties for institutions that fail to disclose required information.
Key Points
- 1Requires the Secretary of Education to vigorously enforce Section 117 (20 U.S.C. 1011f) reporting requirements for foreign gifts, contracts, and other funding to higher education institutions.
- 2Directs reversal or rescission of prior administrative actions that the Order says permitted secrecy about foreign funding and weakened specialized investigatory efforts.
- 3Orders more specific disclosure requirements, including identifying the true source and stated purpose of foreign funds, and increasing public access to that information.
- 4Directs coordination between the Secretary of Education, the Attorney General, and other agency heads to conduct audits, investigations, and enforcement actions against institutions that fail to comply.
- 5Instructs federal grantmaking agencies to make certification of compliance with Section 117 and other foreign-funding disclosure rules a material condition for receiving federal funds, with noncompliance affecting grant eligibility and potentially triggering enforcement under laws such as the False Claims Act (31 U.S.C. 3729).