I 

116TH CONGRESS 

1ST SESSION H. R. 3071 

To address foreign threats to higher education in the United States. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2019 

Mr. ROONEY of Florida (for himself, Mr. GAETZ, Mr. WEBSTER of Florida, 

Mr. WRIGHT, Mrs. HARTZLER, and Ms. STEFANIK) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Education and Labor, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To address foreign threats to higher education in the United 

States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Higher Education 

5 Espionage and Theft Act of 2019’’. 


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1 SEC. 2. DESIGNATION OF FOREIGN INTELLIGENCE 

2 THREATS TO HIGHER EDUCATION. 

3 (a) IN GENERAL.—Chapter 33 of title 28, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 540D. Designation of foreign intelligence threats to 

7 higher education 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘classified information’ has the 

10 meaning given that term in section 1(a) of the Clas11 sified Information Procedures Act (18 U.S.C. App.); 

12 ‘‘(2) the term ‘Director’ means the Director of 

13 the Federal Bureau of Investigation, acting in con14 sultation with the Attorney General, the Secretary of 

15 Education, and the Director of National Intelligence; 

16 ‘‘(3) the term ‘foreign actor’ means— 

17 ‘‘(A) a foreign government or its auxiliary 

18 territories, or any component thereof, whether 

19 or not recognized by the United States; 

20 ‘‘(B) a foreign-based political organization, 

21 not substantially composed of United States 

22 persons; 

23 ‘‘(C) a faction of a foreign nation or na24 tions, not substantially composed of United 

25 States persons; 


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1 ‘‘(D) an entity that is openly acknowledged 

2 by a foreign government or governments to be 

3 directed and controlled by such foreign govern4 ment or governments; 

5 ‘‘(E) any partnership, association, corpora6 tion, organization, or other combination of per7 sons who acts as an agent, representative, em8 ployee, or servant of, or whose activities are di9 rectly or indirectly supervised, directed, con10 trolled, financed, or subsidized in whole or in 

11 major part by a government, organization, fac12 tion, or entity described in subparagraph (A) 

13 (B), (C), or (D); or 

14 ‘‘(F) any individual who acts as an agent, 

15 representative, employee, or servant of, or 

16 whose activities are directly or indirectly super17 vised, directed, controlled, financed, or sub18 sidized in whole or in major part by a govern19 ment, organization, faction, or entity described 

20 in subparagraph (A), (B), (C), or (D), unless 

21 such individual is a citizen of and domiciled 

22 within the United States; 

23 ‘‘(4) the term ‘institution’ means any institu24 tion of higher education, as defined under section 

25 101 of the Higher Education Act (20 U.S.C. 1001); 


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1 ‘‘(5) the term ‘national security’ means the na2 tional defense, foreign relations, or economic inter3 ests of the United States; 

4 ‘‘(6) the term ‘relevant committees of Congress’ 

5 means— 

6 ‘‘(A) the Committee on the Judiciary, the 

7 Select Committee on Intelligence, the Com8 mittee on Homeland Security and Government 

9 Affairs, and the Committee on Health, Edu10 cation, Labor, and Pensions of the Senate; and 

11 ‘‘(B) the Committee on the Judiciary, the 

12 Permanent Select Committee on Intelligence, 

13 the Committee on Homeland Security, and the 

14 Committee on Education and Labor of the 

15 House of Representatives; and 

16 ‘‘(7) the term ‘United States person’ has the 

17 meaning given that term in section 101 of the For18 eign Intelligence Surveillance Act of 1978 (50 

19 U.S.C. 1801). 

20 ‘‘(b) DESIGNATION.— 

21 ‘‘(1) IN GENERAL.—The Director shall des22 ignate a foreign actor as a foreign intelligence threat 

23 to higher education, in accordance with this sub24 section, if the Director finds that the foreign actor 

25 has committed, attempted to commit, or conspired to 


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1 commit, in connection with an institution, one or 

2 more of the following: 

3 ‘‘(A) Smuggling goods from the United 

4 States, in violation of section 554 of title 18. 

5 ‘‘(B) Espionage, in violation of sections 

6 791 through 799 of title 18. 

7 ‘‘(C) Kidnapping, in violation of section 

8 1201 of title 18. 

9 ‘‘(D) Fraud or misuse of visas, permits, or 

10 other documents, in violation of section 1546 of 

11 title 18. 

12 ‘‘(E) Aggravated identity theft, in violation 

13 of section 1028A of title 18. 

14 ‘‘(F) Fraud or related activity in connec15 tion with access devices, in violation of section 

16 1029 of title 18. 

17 ‘‘(G) Fraud or related activity in connec18 tion with computers, in violation of section 

19 1030 of title 18. 

20 ‘‘(H) Economic espionage, in violation of 

21 section 1831 of title 18. 

22 ‘‘(I) Theft of trade secrets, in violation of 

23 section 1832 of title 18. 

24 ‘‘(J) Terrorism, in violation of sections 

25 2331 through 2339D of title 18. 


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1 ‘‘(K) Interception or disclosure of wire, 

2 oral, or electronic communications, in violation 

3 of section 2511 of title 18. 

4 ‘‘(L) A violation of any control on the im5 port or export of defense articles or defense 

6 services imposed under section 38 of the Arms 

7 Export Control Act (22 U.S.C. 2778). 

8 ‘‘(M) A violation of any control on the ex9 port, reexport, and in-country transfer of an 

10 item imposed under section 1753 of the Export 

11 Control Reform Act of 2018 (50 U.S.C. 4812). 

12 ‘‘(N) An unlawful act described in section 

13 206(a) of the International Emergency Eco14 nomic Powers Act (50 U.S.C. 1705(a)). 

15 ‘‘(2) PROCEDURE.— 

16 ‘‘(A) NOTICE BEFORE DESIGNATION.— 

17 ‘‘(i) TO CONGRESSIONAL LEADERS.— 

18 Not later than 7 days before making a des19 ignation under paragraph (1), the Director 

20 shall submit to the Speaker and minority 

21 leader of the House of Representatives, the 

22 President pro tempore, majority leader, 

23 and minority leader of the Senate, and the 

24 members of the relevant committees of 

25 Congress— 


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1 ‘‘(I) written notice of the intent 

2 of the Director to designate a foreign 

3 actor under paragraph (1); and 

4 ‘‘(II) the findings made under 

5 paragraph (1) with respect to foreign 

6 actor and the factual basis therefor. 

7 ‘‘(ii) TO THE ATTORNEY GENERAL.— 

8 Not later than 7 days before making a des9 ignation under paragraph (1), the Director 

10 shall submit to the Attorney General, for 

11 the Attorney General to determine whether 

12 further investigation or prosecution is war13 ranted— 

14 ‘‘(I) written notice of the intent 

15 of the Director to designate a foreign 

16 actor under paragraph (1); and 

17 ‘‘(II) the findings made under 

18 paragraph (1) with respect to the for19 eign actor and the factual basis there20 for. 

21 ‘‘(iii) PROTECTION OF CLASSIFIED IN22 FORMATION.—The notice and findings sub23 mitted under clauses (i) and (ii) may be in 

24 classified form. 


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1 ‘‘(B) PUBLICATION IN FEDERAL REG2 ISTER.—If the Director makes a designation 

3 under paragraph (1), the Director shall publish 

4 the designation in the Federal Register on the 

5 date of the designation. 

6 ‘‘(C) EFFECT OF DESIGNATION.—For pur7 poses of section 117 of the Higher Education 

8 Act of 1965 (20 U.S.C. 1011f), a designation 

9 under paragraph (1) shall take effect upon pub10 lication under subparagraph (B) of this para11 graph. 

12 ‘‘(D) EFFECT OF DESIGNATION ON LAW13 FUL STATUS.— 

14 ‘‘(i) REVOCATION OF NONIMMIGRANT

15 VISA.—The Secretary of State shall revoke 

16 the nonimmigrant visa issued to any for17 eign actor present in the United States im18 mediately after such foreign actor has been 

19 designated under paragraph (1). 

20 ‘‘(ii) REMOVAL.—The Secretary of 

21 Homeland Security shall initiate removal 

22 proceedings against any foreign actor de23 scribed in clause (i) and expeditiously re24 move such foreign actor from the United 

25 States. 


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1 ‘‘(iii) INELIGIBILITY.—Any foreign 

2 actor who has been designated under para3 graph (1) shall be inadmissible to the 

4 United States and ineligible to receive a 

5 United States visa or be admitted to the 

6 United States. 

7 ‘‘(iv) APPEAL.—If a foreign actor ap8 peals a designation under paragraph (1), 

9 the consequences described in clauses (i) 

10 through (iii) shall be stayed until such ap11 peal has been fully adjudicated. 

12 ‘‘(3) RECORD.— 

13 ‘‘(A) IN GENERAL.—In making a designa14 tion under paragraph (1), the Director shall 

15 create an administrative record. 

16 ‘‘(B) CLASSIFIED INFORMATION.—The Di17 rector may consider classified information in 

18 making a designation under paragraph (1). 

19 Classified information shall not be subject to 

20 disclosure for such time as it remains classified, 

21 except that such information may be disclosed 

22 to a court ex parte and in camera for purposes 

23 of judicial review under subsection (d). 

24 ‘‘(4) PERIOD OF DESIGNATION.— 


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1 ‘‘(A) IN GENERAL.—A designation under 

2 paragraph (1) shall be effective for all purposes 

3 until revoked under paragraph (5) or (6) or set 

4 aside under subsection (d). 

5 ‘‘(B) REVIEW OF DESIGNATION UPON PE6 TITION.— 

7 ‘‘(i) IN GENERAL.—The Director shall 

8 review the designation of a foreign actor as 

9 a foreign intelligence threat to higher edu10 cation under the procedures set forth in 

11 clauses (iii) and (iv) if the designated for12 eign actor files a petition for revocation 

13 within the petition period described in 

14 clause (ii). 

15 ‘‘(ii) PETITION PERIOD.—For pur16 poses of clause (i)— 

17 ‘‘(I) if the designated foreign 

18 actor has not previously filed a peti19 tion for revocation under this sub20 paragraph, the petition period begins 

21 2 years after the date on which the 

22 designation was made; or 

23 ‘‘(II) if the designated foreign 

24 actor has previously filed a petition 

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1 graph, the petition period begins 2 

2 years after the date of the determina3 tion made under clause (iv) with re4 spect to that petition. 

5 ‘‘(iii) PROCEDURES.—Any foreign 

6 actor designated as a foreign intelligence 

7 threat to higher education that submits a 

8 petition for revocation under this subpara9 graph shall provide evidence in the petition 

10 that the relevant circumstances described 

11 in paragraph (1) are sufficiently different 

12 from the circumstances that were the basis 

13 for the designation such that a revocation 

14 with respect to the foreign actor is war15 ranted. 

16 ‘‘(iv) DETERMINATION.— 

17 ‘‘(I) IN GENERAL.—Not later 

18 than 180 days after receiving a peti19 tion for revocation submitted under 

20 this subparagraph, the Director shall 

21 make a determination as to such rev22 ocation. 

23 ‘‘(II) CLASSIFIED INFORMA24 TION.—The Director may consider 

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1 termination in response to a petition 

2 for revocation. Classified information 

3 shall not be subject to disclosure for 

4 such time as it remains classified, ex5 cept that such information may be 

6 disclosed to a court ex parte and in 

7 camera for purposes of judicial review 

8 under subsection (d). 

9 ‘‘(III) PUBLICATION OF DETER10 MINATION.—A determination made by 

11 the Director under this clause shall be 

12 published in the Federal Register. 

13 ‘‘(IV) PROCEDURES.—Any rev14 ocation of a designation by the Direc15 tor shall be made in accordance with 

16 paragraph (6). 

17 ‘‘(C) OTHER REVIEW OF DESIGNATION.— 

18 ‘‘(i) IN GENERAL.—If no review has 

19 taken place under subparagraph (B) dur20 ing any 5-year period, the Director shall 

21 review the designation of a foreign actor as 

22 a foreign intelligence threat to higher edu23 cation under paragraph (1) in order to de24 termine whether such designation should 

25 be revoked pursuant to paragraph (6). 


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1 ‘‘(ii) PROCEDURES.—If a review does 

2 not take place pursuant to subparagraph 

3 (B) in response to a petition for revocation 

4 that is filed in accordance with that sub5 paragraph, the review shall be conducted 

6 pursuant to procedures established by the 

7 Director. The results of such review and 

8 the applicable procedures shall not be re9 viewable in any court. 

10 ‘‘(iii) PUBLICATION OF RESULTS OF

11 REVIEW.—The Director shall publish any 

12 determination made under this subpara13 graph in the Federal Register. 

14 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—Con15 gress, by an Act of Congress, may block or revoke 

16 a designation made under paragraph (1). 

17 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR18 CUMSTANCES.— 

19 ‘‘(A) IN GENERAL.—The Director may re20 voke a designation made under paragraph (1) 

21 at any time, and shall revoke a designation 

22 upon completion of a review conducted pursu23 ant to subparagraphs (B) and (C) of paragraph 

24 (4) if the Director finds that— 


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1 ‘‘(i) the circumstances that were the 

2 basis for the designation have changed in 

3 such a manner as to warrant revocation; or 

4 ‘‘(ii) the national security of the 

5 United States warrants a revocation. 

6 ‘‘(B) PROCEDURE.—The procedural re7 quirements of paragraphs (2) and (3) shall 

8 apply to a revocation under this paragraph. Any 

9 revocation shall take effect on the date specified 

10 in the revocation or upon publication in the 

11 Federal Register if no effective date is specified. 

12 ‘‘(7) EFFECT OF REVOCATION.—The revocation 

13 of a designation under paragraph (5) or (6) shall 

14 not affect any action or proceeding based on conduct 

15 committed prior to the effective date of such revoca16 tion. 

17 ‘‘(c) AMENDMENTS TO A DESIGNATION.— 

18 ‘‘(1) IN GENERAL.—The Director may amend a 

19 designation under subsection (b)(1) if the Director 

20 finds that the foreign actor has changed its name, 

21 adopted a new alias, dissolved and then reconsti22 tuted itself under a different name or names, or 

23 merged with another foreign actor. 

24 ‘‘(2) PROCEDURE.—Amendments made to a 

25 designation in accordance with paragraph (1) shall 


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1 be effective upon publication in the Federal Register. 

2 Subparagraphs (B) and (C) of subsection (b)(2) 

3 shall apply to an amended designation upon such 

4 publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), 

5 and (8) of subsection (b) shall also apply to an 

6 amended designation. 

7 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis8 trative record shall be corrected to include the 

9 amendments as well as any additional relevant infor10 mation that supports those amendments. 

11 ‘‘(4) CLASSIFIED INFORMATION.—The Director 

12 may consider classified information in amending a 

13 designation in accordance with this subsection. Clas14 sified information shall not be subject to disclosure 

15 for such time as it remains classified, except that 

16 such information may be disclosed to a court ex 

17 parte and in camera for purposes of judicial review 

18 under subsection (d). 

19 ‘‘(d) JUDICIAL REVIEW OF DESIGNATION.— 

20 ‘‘(1) IN GENERAL.—Not later than 30 days 

21 after publication in the Federal Register of a des22 ignation, an amended designation, or a determina23 tion in response to a petition for revocation, the for24 eign actor designated as a foreign intelligence threat 

25 to higher education may seek judicial review in the 


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1 United States Court of Appeals for the District of 

2 Columbia Circuit. 

3 ‘‘(2) BASIS OF REVIEW.—Review under this 

4 subsection shall be based solely upon the administra5 tive record, except that the Government may submit, 

6 for ex parte and in camera review, classified infor7 mation used in making the designation, amended 

8 designation, or determination in response to a peti9 tion for revocation, in a manner consistent with the 

10 Classified Information Procedures Act (18 U.S.C. 

11 App.). 

12 ‘‘(3) SCOPE OF REVIEW.—The Court shall hold 

13 unlawful and set aside a designation, amended des14 ignation, or determination in response to a petition 

15 for revocation the court finds to be— 

16 ‘‘(A) arbitrary, capricious, an abuse of dis17 cretion, or otherwise not in accordance with 

18 law; 

19 ‘‘(B) contrary to constitutional right, 

20 power, privilege, or immunity; 

21 ‘‘(C) in excess of statutory jurisdiction, au22 thority, or limitation, or short of statutory 

23 right; 

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1 sified information submitted to the court under 

2 paragraph (2); or 

3 ‘‘(E) not in accord with the procedures re4 quired by law. 

5 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend6 ency of an action for judicial review of a designation, 

7 amended designation, or determination in response 

8 to a petition for revocation shall not affect the appli9 cation of this section, unless the court issues a final 

10 order setting aside the designation, amended des11 ignation, or determination in response to a petition 

12 for revocation. 

13 ‘‘(e) IMPOSITION OF SANCTIONS UNDER INTER14 NATIONAL EMERGENCY ECONOMIC POWERS ACT.— 

15 ‘‘(1) IN GENERAL.—The President may, pursu16 ant to the International Emergency Economic Pow17 ers Act (50 U.S.C. 1701 et seq.)— 

18 ‘‘(A) block and prohibit all transactions in 

19 all property and interests in property of a for20 eign actor designated as a foreign intelligence 

21 threat to higher education under subsection 

22 (b)(1), if such property and interests in prop23 erty are in the United States, come within the 

24 United States, or are or come within the pos25 session or control of a United States person; or 


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1 ‘‘(B)(i) prohibit any institution, and all 

2 employees of an institution, from— 

3 ‘‘(I) negotiating or entering into a 

4 contract with such a foreign actor; or 

5 ‘‘(II) transferring information devel6 oped through research to such a foreign 

7 actor; and 

8 ‘‘(ii) require any institution that has a con9 tract with such a foreign actor in effect as of 

10 the date on which the foreign actor is des11 ignated as a foreign intelligence threat to high12 er education under subsection (b)(1) to termi13 nate that contract. 

14 ‘‘(2) TRANSFER DEFINED.—For purposes of 

15 paragraph (1)(B)(i)(II), the term ‘transfer’, with re16 spect to information, means— 

17 ‘‘(A) an actual shipment or transmission of 

18 the information out of the United States, in19 cluding the sending or taking of information 

20 out of the United States, in any manner; 

21 ‘‘(B) releasing or otherwise transferring 

22 the information, including technical data, to a 

23 foreign person in the United States (commonly 

24 referred to as a ‘deemed export’); 


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1 ‘‘(C) visual or other inspection by a foreign 

2 person of the information that reveals informa3 tion directly or indirectly related to critical 

4 technologies; and 

5 ‘‘(D) oral or written exchanges with a for6 eign person of information, whether or not in 

7 the United States. 

8 ‘‘(3) INAPPLICABILITY OF NATIONAL EMER9 GENCY REQUIREMENT.—The requirements of section 

10 202 of the International Emergency Economic Pow11 ers Act (50 U.S.C. 1701) shall not apply for pur12 poses of this subsection. 

13 ‘‘(4) IMPLEMENTATION.—The President may 

14 exercise all authorities provided under sections 203 

15 and 205 of the International Emergency Economic 

16 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

17 this subsection. 

18 ‘‘(5) PENALTIES.—A person that violates, at19 tempts to violate, conspires to violate, or causes a 

20 violation of paragraph (1) or any regulation, license, 

21 or order issued to carry out that paragraph shall be 

22 subject to the penalties set forth in subsections (b) 

23 and (c) of section 206 of the International Emer24 gency Economic Powers Act (50 U.S.C. 1705) to the 


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1 same extent as a person that commits an unlawful 

2 act described in subsection (a) of that section. 

3 ‘‘(f) ACTIVITIES WITH NATIONAL SECURITY IMPLI4 CATIONS.— 

5 ‘‘(1) IN GENERAL.—The Director shall provide 

6 the Secretary of Homeland Security with informa7 tion about any foreign actor who has not been des8 ignated under subsection (b) if the foreign actor has 

9 engaged in any practice with national security impli10 cations, including— 

11 ‘‘(A) transferring uncontrolled, but sen12 sitive technology acquired during the foreign ac13 tor’s interactions with academic institutions; 

14 ‘‘(B) significantly changing the nature or 

15 type of academic study initially reported by the 

16 foreign actor, such as changing his or her 

17 major from a nonsensitive field of study to a 

18 sensitive field of study; 

19 ‘‘(C) significantly deviating from the terms 

20 of a nonimmigrant visa related to the study of 

21 technology deemed sensitive in nature; and 

22 ‘‘(D) misrepresenting, omitting, or fal23 sifying any information provided to the Depart24 ment of State or the Department of Homeland 


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1 Security regarding the purpose of the foreign 

2 actor’s presence in the United States. 

3 ‘‘(2) EFFECT OF REVOCATION OF VISA.—If the 

4 Secretary of Homeland Security orders the revoca5 tion of a visa issued to a foreign actor described in 

6 paragraph (1), the foreign actor— 

7 ‘‘(A) shall be permitted to voluntarily de8 part the United States within 10 days; and 

9 ‘‘(B) may be given the opportunity to re10 apply for a visa outside of the United States. 

11 ‘‘(3) EFFECT OF FAILURE TO VOLUNTARILY

12 DEPART.—If a foreign actor described in paragraph 

13 (2) chooses not to voluntarily depart the United 

14 States, the Secretary of Homeland Security shall 

15 provide for the expedited removal of the foreign 

16 actor from the United States in accordance with sec17 tion 238(a)(3)(B) of the Immigration and Nation18 ality Act (8 U.S.C. 1228(a)(3)(B)). 

19 ‘‘(g) REPORTS.— 

20 ‘‘(1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this section, and every 

22 year thereafter, the Director shall submit to the rel23 evant committees of Congress a detailed report con24 taining the following: 


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1 ‘‘(A) A description and assessment of for2 eign actors who engage in activities listed in 

3 subsection (b)(1). 

4 ‘‘(B) An assessment of the impact of for5 eign actors who engage in activities listed in 

6 subsection (b)(1) on scholarship and research 

7 and development in connection with institu8 tions. 

9 ‘‘(C) An assessment of the implementation 

10 and operation of the designation process for 

11 foreign intelligence threats to higher education 

12 established under this section. 

13 ‘‘(D) An assessment of the likely effects of 

14 the designation of foreign intelligence threats to 

15 higher education on activities listed in sub16 section (b)(1) in connection with institutions. 

17 ‘‘(2) FORM OF REPORTS.—The reports required 

18 under paragraph (1) shall be submitted in an un19 classified form, but may contain a classified annex.’’. 

20 (b) DEPORTABILITY; EXPEDITED REMOVAL.— 

21 (1) DEPORTABILITY.—Section 237(a)(2)(A) of 

22 the Immigration and Nationality Act (8 U.S.C. 

23 1227(a)(2)(A)) is amended— 

24 (A) by redesignating clause (vi) as clause 

25 (vii); and 


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1 (B) by inserting after clause (v) the fol2 lowing: 

3 ‘‘(vi) FOREIGN INTELLIGENCE

4 THREAT TO HIGHER EDUCATION.—Any 

5 alien who has been designated as a foreign 

6 intelligence threat to higher education 

7 under section 540D(b) of title 28, United 

8 States Code, is deportable.’’. 

9 (2) EXPEDITED REMOVAL.—Section 238(a)(3) 

10 of the Immigration and Nationality Act (8 U.S.C. 

11 1228(a)(3)) is amended— 

12 (A) by redesignating subparagraph (B) as 

13 subparagraph (C); and 

14 (B) by inserting after subparagraph (A) 

15 the following: 

16 ‘‘(B) The Secretary of Homeland Security 

17 shall provide for the expedited removal of aliens 

18 who have been designated as a foreign intel19 ligence threat to higher education under section 

20 540D(b) of title 28, United States Code, in the 

21 interest of national security.’’. 

22 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of sections for chapter 33 of title 28, United 

24 States Code, is amended by adding at the end the fol25 lowing: 

‘‘540D. Designation of foreign intelligence threats to higher education.’’. 


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1 SEC. 3. DISCLOSURE OF FOREIGN GIFTS OR CONTRACTS. 

2 Section 117 of the Higher Education Act of 1965 (20 

3 U.S.C. 1011f) is amended— 

4 (1) by striking subsection (a) and inserting the 

5 following: 

6 ‘‘(a) DISCLOSURE REPORT.— 

7 ‘‘(1) IN GENERAL.—An institution described in 

8 paragraph (2) for a calendar year shall file a disclo9 sure report under subsection (b) with the Secretary 

10 by January 31 or July 31, whichever is sooner. 

11 ‘‘(2) TYPES OF INSTITUTIONS.—An institution 

12 described in this paragraph is an institution that— 

13 ‘‘(A) is owned or controlled by a foreign 

14 source; 

15 ‘‘(B) receives a gift from or enters into a 

16 contract with a foreign source, the value of 

17 which is $250,000 or more, considered alone or 

18 in combination with all other gifts from or con19 tracts with that foreign source within a cal20 endar year; or 

21 ‘‘(C) receives a gift from or enters into a 

22 contract with a foreign intelligence threat to 

23 higher education, or any agent thereof.’’; 

24 (2) in subsection (b)— 

25 (A) by redesignating paragraphs (1) 

26 through (3) as subparagraphs (A) through (C), 


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1 respectively, and adjusting the margins appro2 priately; 

3 (B) by striking ‘‘REPORT.—Each’’ and in4 serting the following: ‘‘REPORT.— 

5 ‘‘(1) IN GENERAL.—Each’’; 

6 (C) in subparagraph (A) (as so redesig7 nated), by inserting ‘‘, as measured by the fair 

8 market value of such gifts and contracts’’ after 

9 ‘‘particular country’’; 

10 (D) in subparagraph (B), as so redesig11 nated— 

12 (i) by inserting ‘‘the identity of the 

13 foreign government and, if applicable, the 

14 foreign government agency, and’’ after 

15 ‘‘with a foreign government,’’; and 

16 (ii) by inserting ‘‘, as measured by the 

17 fair market value of such gifts and con18 tracts’’ before the period at the end; and 

19 (E) by adding at the end the following: 

20 ‘‘(2) REQUIREMENTS RELATING TO FOREIGN

21 INTELLIGENCE THREATS.—For any institution de22 scribed in subsection (a)(2)(C), the report required 

23 under this section shall contain, in addition to any 

24 applicable information required under paragraph 

25 (1)— 


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•HR 3071 IH

1 ‘‘(A) the identity of the foreign intelligence 

2 threat to higher education involved; and 

3 ‘‘(B) the aggregate dollar amount of such 

4 gifts and contracts attributable to the foreign 

5 intelligence threat to higher education, as meas6 ured by the fair market value of such gifts and 

7 contracts.’’; 

8 (3) in subsection (c), by adding at the end the 

9 following: 

10 ‘‘(3) For any such gift received from, or con11 tract entered into with, a foreign intelligence threat 

12 to higher education, the fair market value of the gift 

13 or contract, the date of the gift or contract, and a 

14 description of any such conditions or restrictions on 

15 the gift or contract.’’; 

16 (4) in subsection (e), by inserting ‘‘, and shall 

17 also be accessible to the public through electronic 

18 means’’ before the period at the end; and 

19 (5) in subsection (h)— 

20 (A) by redesignating paragraphs (2) 

21 through (5) as paragraphs (3) through (6), re22 spectively; 

23 (B) by inserting after paragraph (1) the 

24 following: 


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•HR 3071 IH

1 ‘‘(2) the term ‘foreign intelligence threat to 

2 higher education’ means any foreign source that is 

3 designated as a foreign intelligence threat to higher 

4 education in accordance with section 540D of title 

5 28, United States Code;’’; 

6 (C) in paragraph (4) (as so redesignated), 

7 by striking ‘‘or property’’ and inserting ‘‘, prop8 erty, services, or payment to the staff of an in9 stitution’’; 

10 (D) by striking paragraph (5) (as so redes11 ignated) and inserting the following: 

12 ‘‘(5) the term ‘institution’ means an institution 

13 of higher education— 

14 ‘‘(A) to which Federal financial assistance 

15 is extended (directly or indirectly through an16 other entity or person); or 

17 ‘‘(B) that receives support from the exten18 sion of Federal financial assistance to any of 

19 the institution’s subunits’’; and 

20 (E) in paragraph (6)(B) (as so redesig21 nated), by inserting ‘‘institutes, instructional 

22 programs,’’ before ‘‘research or lecture’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS