America FIRST Act

To require institutions of higher education to disclose gifts from foreign sources in the publications of certain professors and affiliates, and for other purposes. 1. Short title This Act may be cited as the America: Foreign Influence Resistance Starts with Transparency Act America FIRST Act 2. Disclosure of foreign gifts (a) Disclosure for institutions Any institution of higher education that receives a gift from, contracts with, or has financial assets in a foreign source shall disclose the total value of such gifts, contracts, and financial assets received from such foreign source in the byline of each publication relating to such foreign source made by a professor employed by such institution of higher education. (b) Disclosure for departments Any nonprofit department within an institution of higher education that receives a gift from, contracts with, or has financial assets in a foreign source shall disclose the total value of such gifts, contracts, and financial assets received from such foreign source in the byline of each publication relating to such foreign source made by a professor employed by such department. (c) Disclosure for affiliates Any affiliate of an institution of higher education shall disclose the total value of gifts, contracts, or other financial assets from a foreign source in the byline of each publication relating to such foreign source made by such affiliate. (d) Foreign sources with similar locations For purposes of the byline disclosures required under this section, funding from different foreign sources that are located within the same nation shall be totaled and reported as funding from such foreign source. 3. Enforcement (a) In general The Secretary of Education shall take such steps as may be necessary to enforce the provisions of section 2. (b) Penalties Upon determination that an institution of higher education or a nonprofit department or affiliate of such an institution has failed to meet the requirements of section 2, the Secretary shall determine the appropriate enforcement action to take with respect to such institution, which may include any of the following: (1) Imposing a probationary period on, or limiting eligibility for, the institution, department, affiliate, or professors in violation of this Act to receive Federal funds. (2) Loss of nonprofit status for a nonprofit institution, department, or affiliate. 4. Disclosures of foreign gifts (a) In general Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f (1) by amending subsection (a) to read as follows: (a) Disclosure report An institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner, whenever one or more of the following paragraphs applies to such institution: (1) The institution is owned or controlled by a foreign source. (2) The institution receives a gift from or enters into a contract with a foreign source, the value of which is $50,000 or more, considered in combination with all other gifts from or contracts with that foreign source within a calendar year. ; (2) in subsection (b)— (A) in paragraph (1), in the first sentence, by inserting before the period at the end the following: , and the content of each such contract (B) in paragraph (2), by inserting before the period the following: , and the content of each such contract (3) in subsection (e), by inserting , including the contents of any contracts, reports (4) in subsection (h)(3), by inserting before the semicolon at the end the following: , or the fair market value of an in-kind gift (b) Effective date The amendments made by subsection (a) shall apply with respect to gifts received or contracts entered into, or other activities carried out, on or after the date of the enactment of this Act. 5. Definitions In this Act: (1) Affiliate The term affiliate (2) Asset The term asset (3) Contract The term contract 20 U.S.C. 1011f(h) (4) Foreign source The term foreign source 20 U.S.C. 1011f(h) (5) Gift The term gift 20 U.S.C. 1002(h) (6) Institution of higher education The term institution of higher education 20 U.S.C. 1002

Summary: America: Foreign Influence Resistance Starts with Transparency Act or the America FIRST Act This bill requires institutions of higher education (IHEs) to disclose additional information related to gifts and contracts from foreign sources. Specifically, the bill requires IHEs, nonprofit departments within IHEs, and affiliates of IHEs (e.g., professors and researchers) to disclose in the byline of publications the total value of gifts, contracts, and financial assets received by them from foreign sources. The Department of Education (ED) must determine appropriate enforcement actions for failures to do so, such as imposing a probationary period or limiting eligibility for federal funds. Additionally, IHEs must report to ED a gift or contract from a foreign source that has an annual value of $50,000 or more, considered in combination with all other gifts from or contracts with a foreign source. The fair market value of in-kind gifts is included in such limit. (Currently, a report is due if the annual value is $250,000 or more, considered alone or in combination with all other gifts from or contracts with a foreign source.) Such reports to ED must also include the content of the contracts.