INSTRUCT Act Forces Education Department to Share Foreign Funding Data: Intel Agencies and Public Get Full Access

The INSTRUCT Act of 2025—standing for "Instructing Noteworthy Steps toward Transparency to Rout and Undo Calamitous Transactions Act"—is all about sharing information. Specifically, it forces the Department of Education to hand over reports on foreign funding received by American colleges and universities. And it's not just sharing with other government agencies; the public gets access, too.

Spilling the Tea: Who Gets What?

The core of the bill (SEC. 2) mandates that any disclosure reports filed under Section 117 of the Higher Education Act of 1965—which deals with foreign gifts and contracts to U.S. universities—must be shared unedited with a long list of federal agencies. We're talking the FBI, CIA, National Intelligence, and the Departments of State, Defense, Justice, Commerce, Homeland Security, and Energy. Even the National Science Foundation and National Institutes of Health are in the loop. This sharing has to happen within 30 days of the Department of Education receiving a report.

Real-World Example: Imagine a university gets a large donation from a foreign foundation to study renewable energy. Under this bill, that information, without redactions, goes straight to intelligence and security agencies. This could impact research collaborations, international student programs, and even the types of projects universities are willing to take on.

But it also requires that "all disclosure reports be available to the public for review and copying during business hours."

Retroactive Sharing: The Backlog

It's not just about new reports. The Secretary of Education also has 90 days from the bill's enactment to send all past reports and investigation records related to Section 117 to the same agencies. That's potentially a huge dump of data, and the scope of "investigation records" isn't clearly defined, which could mean a very broad range of information gets shared.

Coordination Check-Up

The bill also tasks the Comptroller General (basically, the government's chief auditor) with studying how well different agencies are coordinating on enforcing Section 117. They have 180 days to figure out how to improve information sharing and 3 years to deliver a full, public report to Congress on their findings.

Potential Ripple Effects

While the stated aim is transparency and preventing undue foreign influence, there are some practical implications to consider:

• Increased Scrutiny: Colleges and universities might become more hesitant to accept foreign funding, even for legitimate research, knowing the information will be widely shared.
• Privacy Concerns: The unedited nature of the reports could raise privacy issues for donors or institutions.
• Workload Bump: The Department of Education and other agencies will have a significant administrative burden to comply with these sharing requirements, which could potentially cause delays or require more resources.
• Transparency Win: Making these reports public could allow researchers, journalists, and the public to play a role in checking for potential foreign influence.

The INSTRUCT Act represents a significant shift in how information about foreign funding in higher education is handled. It prioritizes broad information sharing, both within the government and with the public, in the name of national security and transparency. While the intent may be to safeguard against undue influence, the practical effects on universities, research, and international collaboration could be substantial.