During the first Trump administration, the Department of Education (the “Department”) focused intensely on universities’ compliance with foreign source gift and contracting under Section 117 of the Higher Education Act (HEA).[i] The Department undertook 19 investigations of major research institutions and interpreted Section 117 to significantly expand both reporting requirements and the diligence expected of universities. Although no new investigations were opened in the Biden administration, Congress and political advocacy organizations continued to collect information and issue reports criticizing universities’ Section 117 compliance. In 2025, the White House issued an Executive Order and Fact Sheet on Section 117 but, perhaps more importantly, commenced three new Section 117 investigations and re-opened a closed Section 117 investigation. These new or revised investigative letters contain requests for information which are much more extensive than prior letters and delve into areas well beyond Section 117 such as export controls, non-disclosure of foreign support in federal grant proposals, malign foreign talent recruitment program restrictions and research security generally. This article analyzes how the content of these new letters suggest areas of heightened risk, what universities might be prioritized for investigations based on these letters and reports by Congress and advocacy organizations, and what universities can do to prepare for and lower such risk.Continue Reading How Universities Can Prepare for the New Higher Education Act Section 117 Investigations