Transparency Regarding Foreign Influence

Authority: The Executive Order is issued under the President's authority as granted by the Constitution and U.S. laws.

Higher Education Act of 1965: Section 117 requires higher education institutions to report significant foreign funding but has not been adequately enforced.

Lack of Transparency: Many universities failed to disclose over half of the reportable foreign gifts from 2010 to 2016, resulting in unknown amounts and sources of foreign funding.

Protection of Interests: The Administration emphasizes the need for transparency regarding foreign funding to protect American educational, cultural, and national security interests.

Past Investigations: The Department of Education previously investigated 19 campuses (2019-2021), uncovering $6.5 billion in previously undisclosed foreign funds, but such efforts were rolled back by the prior administration.

Policy Goals:

• End secrecy surrounding foreign funds in educational institutions.
• Protect the marketplace of ideas from foreign propaganda.
• Safeguard students and research from foreign exploitation.

Actions for Enforcement:

• The Secretary of Education is directed to enforce section 1011f, working with the Attorney General and other entities.
• Actions include:
  • Rescinding prior exemptions that allowed secrecy in foreign funding.
  • Requiring detailed disclosures of foreign funding sources and purposes.
  • Improving public access to foreign funding information.
  • Holding noncompliant institutions accountable through audits and investigations.

Compliance with Federal Funds: Higher education institutions must comply with foreign funding disclosure requirements to receive federal grant funds. Noncompliance will result in ineligibility for such funds.

Legal Provisions:

• The order does not impact existing legal authority of executive departments or agencies.
• Implementation to align with applicable laws and funding availability.
• The order does not create enforceable rights for individuals against the U.S. or its entities.
• If any part of the order is deemed invalid, other provisions remain unaffected.