II 

116TH CONGRESS 

1ST SESSION S. 1701 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 3, 2019 

Mr. CRUZ introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

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’’. 

6 SEC. 2. DESIGNATION OF FOREIGN INTELLIGENCE 

7 THREATS TO HIGHER EDUCATION. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 


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1 ‘‘§ 540D. Designation of foreign intelligence threats to 

2 higher education 

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

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

5 meaning given that term in section 1(a) of the Clas6 sified Information Procedures Act (18 U.S.C. App.); 

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

8 the Federal Bureau of Investigation, acting in con9 sultation with the Attorney General, the Secretary of 

10 Education, and the Director of National Intelligence; 

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

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

13 territories, or any component thereof, whether 

14 or not recognized by the United States; 

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

16 not substantially composed of United States 

17 persons; 

18 ‘‘(C) a faction of a foreign nation or na19 tions, not substantially composed of United 

20 States persons; 

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

22 by a foreign government or governments to be 

23 directed and controlled by such foreign govern24 ment or governments; 

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1 sons who acts as an agent, representative, em2 ployee, or servant of, or whose activities are di3 rectly or indirectly supervised, directed, con4 trolled, financed, or subsidized in whole or in 

5 major part by a government, organization, fac6 tion, or entity described in subparagraph (A) 

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

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

9 representative, employee, or servant of, or 

10 whose activities are directly or indirectly super11 vised, directed, controlled, financed, or sub12 sidized in whole or in major part by a govern13 ment, organization, faction, or entity described 

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

15 such individual is a citizen of and domiciled 

16 within the United States; 

17 ‘‘(4) the term ‘institution’ means any institu18 tion of higher education, as defined under section 

19 101 of the Higher Education Act (20 U.S.C. 1001); 

20 ‘‘(5) the term ‘national security’ means the na21 tional defense, foreign relations, or economic inter22 ests of the United States; 

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

24 means— 


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

2 Select Committee on Intelligence, the Com3 mittee on Homeland Security and Government 

4 Affairs, and the Committee on Health, Edu5 cation, Labor, and Pensions of the Senate; and 

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

7 Permanent Select Committee on Intelligence, 

8 the Committee on Homeland Security, and the 

9 Committee on Education and Labor of the 

10 House of Representatives; and 

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

12 meaning given that term in section 101 of the For13 eign Intelligence Surveillance Act of 1978 (50 

14 U.S.C. 1801). 

15 ‘‘(b) DESIGNATION.— 

16 ‘‘(1) IN GENERAL.—The Director shall des17 ignate a foreign actor as a foreign intelligence threat 

18 to higher education, in accordance with this sub19 section, if the Director finds that the foreign actor 

20 has committed, attempted to commit, or conspired to 

21 commit, in connection with an institution, one or 

22 more of the following: 

23 ‘‘(A) Smuggling goods from the United 

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


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

2 791 through 799 of title 18. 

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

4 1201 of title 18. 

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

6 other documents, in violation of section 1546 of 

7 title 18. 

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

9 of section 1028A of title 18. 

10 ‘‘(F) Fraud or related activity in connec11 tion with access devices, in violation of section 

12 1029 of title 18. 

13 ‘‘(G) Fraud or related activity in connec14 tion with computers, in violation of section 

15 1030 of title 18. 

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

17 section 1831 of title 18. 

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

19 section 1832 of title 18. 

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

21 2331 through 2339D of title 18. 

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

23 oral, or electronic communications, in violation 

24 of section 2511 of title 18. 


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1 ‘‘(L) A violation of any control on the im2 port or export of defense articles or defense 

3 services imposed under section 38 of the Arms 

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

5 ‘‘(M) A violation of any control on the ex6 port, reexport, and in-country transfer of an 

7 item imposed under section 1753 of the Export 

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

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

10 206(a) of the International Emergency Eco11 nomic Powers Act (50 U.S.C. 1705(a)). 

12 ‘‘(2) PROCEDURE.— 

13 ‘‘(A) NOTICE BEFORE DESIGNATION.— 

14 ‘‘(i) TO CONGRESSIONAL LEADERS.— 

15 Not later than 7 days before making a des16 ignation under paragraph (1), the Director 

17 shall submit to the Speaker and minority 

18 leader of the House of Representatives, the 

19 President pro tempore, majority leader, 

20 and minority leader of the Senate, and the 

21 members of the relevant committees of 

22 Congress— 

23 ‘‘(I) written notice of the intent 

24 of the Director to designate a foreign 

25 actor under paragraph (1); and 


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1 ‘‘(II) the findings made under 

2 paragraph (1) with respect to foreign 

3 actor and the factual basis therefor. 

4 ‘‘(ii) TO THE ATTORNEY GENERAL.— 

5 Not later than 7 days before making a des6 ignation under paragraph (1), the Director 

7 shall submit to the Attorney General, for 

8 the Attorney General to determine whether 

9 further investigation or prosecution is war10 ranted— 

11 ‘‘(I) written notice of the intent 

12 of the Director to designate a foreign 

13 actor under paragraph (1); and 

14 ‘‘(II) the findings made under 

15 paragraph (1) with respect to the for16 eign actor and the factual basis there17 for. 

18 ‘‘(iii) PROTECTION OF CLASSIFIED IN19 FORMATION.—The notice and findings sub20 mitted under clauses (i) and (ii) may be in 

21 classified form. 

22 ‘‘(B) PUBLICATION IN FEDERAL REG23 ISTER.—If the Director makes a designation 

24 under paragraph (1), the Director shall publish 


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1 the designation in the Federal Register on the 

2 date of the designation. 

3 ‘‘(C) EFFECT OF DESIGNATION.—For pur4 poses of section 117 of the Higher Education 

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

6 under paragraph (1) shall take effect upon pub7 lication under subparagraph (B) of this para8 graph. 

9 ‘‘(D) EFFECT OF DESIGNATION ON LAW10 FUL STATUS.— 

11 ‘‘(i) REVOCATION OF NONIMMIGRANT

12 VISA.—The Secretary of State shall revoke 

13 the nonimmigrant visa issued to any for14 eign actor present in the United States im15 mediately after such foreign actor has been 

16 designated under paragraph (1). 

17 ‘‘(ii) REMOVAL.—The Secretary of 

18 Homeland Security shall initiate removal 

19 proceedings against any foreign actor de20 scribed in clause (i) and expeditiously re21 move such foreign actor from the United 

22 States. 

23 ‘‘(iii) INELIGIBILITY.—Any foreign 

24 actor who has been designated under para25 graph (1) shall be inadmissible to the 


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1 United States and ineligible to receive a 

2 United States visa or be admitted to the 

3 United States. 

4 ‘‘(iv) APPEAL.—If a foreign actor ap5 peals a designation under paragraph (1), 

6 the consequences described in clauses (i) 

7 through (iii) shall be stayed until such ap8 peal has been fully adjudicated. 

9 ‘‘(3) RECORD.— 

10 ‘‘(A) IN GENERAL.—In making a designa11 tion under paragraph (1), the Director shall 

12 create an administrative record. 

13 ‘‘(B) CLASSIFIED INFORMATION.—The Di14 rector may consider classified information in 

15 making a designation under paragraph (1). 

16 Classified information shall not be subject to 

17 disclosure for such time as it remains classified, 

18 except that such information may be disclosed 

19 to a court ex parte and in camera for purposes 

20 of judicial review under subsection (d). 

21 ‘‘(4) PERIOD OF DESIGNATION.— 

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

23 paragraph (1) shall be effective for all purposes 

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

25 aside under subsection (d). 


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1 ‘‘(B) REVIEW OF DESIGNATION UPON PE2 TITION.— 

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

4 review the designation of a foreign actor as 

5 a foreign intelligence threat to higher edu6 cation under the procedures set forth in 

7 clauses (iii) and (iv) if the designated for8 eign actor files a petition for revocation 

9 within the petition period described in 

10 clause (ii). 

11 ‘‘(ii) PETITION PERIOD.—For pur12 poses of clause (i)— 

13 ‘‘(I) if the designated foreign 

14 actor has not previously filed a peti15 tion for revocation under this sub16 paragraph, the petition period begins 

17 2 years after the date on which the 

18 designation was made; or 

19 ‘‘(II) if the designated foreign 

20 actor has previously filed a petition 

21 for revocation under this subpara22 graph, the petition period begins 2 

23 years after the date of the determina24 tion made under clause (iv) with re25 spect to that petition. 


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1 ‘‘(iii) PROCEDURES.—Any foreign 

2 actor designated as a foreign intelligence 

3 threat to higher education that submits a 

4 petition for revocation under this subpara5 graph shall provide evidence in the petition 

6 that the relevant circumstances described 

7 in paragraph (1) are sufficiently different 

8 from the circumstances that were the basis 

9 for the designation such that a revocation 

10 with respect to the foreign actor is war11 ranted. 

12 ‘‘(iv) DETERMINATION.— 

13 ‘‘(I) IN GENERAL.—Not later 

14 than 180 days after receiving a peti15 tion for revocation submitted under 

16 this subparagraph, the Director shall 

17 make a determination as to such rev18 ocation. 

19 ‘‘(II) CLASSIFIED INFORMA20 TION.—The Director may consider 

21 classified information in making a de22 termination in response to a petition 

23 for revocation. Classified information 

24 shall not be subject to disclosure for 

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1 cept that such information may be 

2 disclosed to a court ex parte and in 

3 camera for purposes of judicial review 

4 under subsection (d). 

5 ‘‘(III) PUBLICATION OF DETER6 MINATION.—A determination made by 

7 the Director under this clause shall be 

8 published in the Federal Register. 

9 ‘‘(IV) PROCEDURES.—Any rev10 ocation of a designation by the Direc11 tor shall be made in accordance with 

12 paragraph (6). 

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

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

15 taken place under subparagraph (B) dur16 ing any 5-year period, the Director shall 

17 review the designation of a foreign actor as 

18 a foreign intelligence threat to higher edu19 cation under paragraph (1) in order to de20 termine whether such designation should 

21 be revoked pursuant to paragraph (6). 

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

23 not take place pursuant to subparagraph 

24 (B) in response to a petition for revocation 

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1 paragraph, the review shall be conducted 

2 pursuant to procedures established by the 

3 Director. The results of such review and 

4 the applicable procedures shall not be re5 viewable in any court. 

6 ‘‘(iii) PUBLICATION OF RESULTS OF

7 REVIEW.—The Director shall publish any 

8 determination made under this subpara9 graph in the Federal Register. 

10 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—Con11 gress, by an Act of Congress, may block or revoke 

12 a designation made under paragraph (1). 

13 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR14 CUMSTANCES.— 

15 ‘‘(A) IN GENERAL.—The Director may re16 voke a designation made under paragraph (1) 

17 at any time, and shall revoke a designation 

18 upon completion of a review conducted pursu19 ant to subparagraphs (B) and (C) of paragraph 

20 (4) if the Director finds that— 

21 ‘‘(i) the circumstances that were the 

22 basis for the designation have changed in 

23 such a manner as to warrant revocation; or 

24 ‘‘(ii) the national security of the 

25 United States warrants a revocation. 


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1 ‘‘(B) PROCEDURE.—The procedural re2 quirements of paragraphs (2) and (3) shall 

3 apply to a revocation under this paragraph. Any 

4 revocation shall take effect on the date specified 

5 in the revocation or upon publication in the 

6 Federal Register if no effective date is specified. 

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

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

9 not affect any action or proceeding based on conduct 

10 committed prior to the effective date of such revoca11 tion. 

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

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

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

15 finds that the foreign actor has changed its name, 

16 adopted a new alias, dissolved and then reconsti17 tuted itself under a different name or names, or 

18 merged with another foreign actor. 

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

20 designation in accordance with paragraph (1) shall 

21 be effective upon publication in the Federal Register. 

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

23 shall apply to an amended designation upon such 

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


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

2 amended designation. 

3 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis4 trative record shall be corrected to include the 

5 amendments as well as any additional relevant infor6 mation that supports those amendments. 

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

8 may consider classified information in amending a 

9 designation in accordance with this subsection. Clas10 sified information shall not be subject to disclosure 

11 for such time as it remains classified, except that 

12 such information may be disclosed to a court ex 

13 parte and in camera for purposes of judicial review 

14 under subsection (d). 

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

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

17 after publication in the Federal Register of a des18 ignation, an amended designation, or a determina19 tion in response to a petition for revocation, the for20 eign actor designated as a foreign intelligence threat 

21 to higher education may seek judicial review in the 

22 United States Court of Appeals for the District of 

23 Columbia Circuit. 

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

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1 tive record, except that the Government may submit, 

2 for ex parte and in camera review, classified infor3 mation used in making the designation, amended 

4 designation, or determination in response to a peti5 tion for revocation, in a manner consistent with the 

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

7 App.). 

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

9 unlawful and set aside a designation, amended des10 ignation, or determination in response to a petition 

11 for revocation the court finds to be— 

12 ‘‘(A) arbitrary, capricious, an abuse of dis13 cretion, or otherwise not in accordance with 

14 law; 

15 ‘‘(B) contrary to constitutional right, 

16 power, privilege, or immunity; 

17 ‘‘(C) in excess of statutory jurisdiction, au18 thority, or limitation, or short of statutory 

19 right; 

20 ‘‘(D) lacking substantial support in the ad21 ministrative record taken as a whole or in clas22 sified information submitted to the court under 

23 paragraph (2); or 

24 ‘‘(E) not in accord with the procedures re25 quired by law. 


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1 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend2 ency of an action for judicial review of a designation, 

3 amended designation, or determination in response 

4 to a petition for revocation shall not affect the appli5 cation of this section, unless the court issues a final 

6 order setting aside the designation, amended des7 ignation, or determination in response to a petition 

8 for revocation. 

9 ‘‘(e) IMPOSITION OF SANCTIONS UNDER INTER10 NATIONAL EMERGENCY ECONOMIC POWERS ACT.— 

11 ‘‘(1) IN GENERAL.—The President may, pursu12 ant to the International Emergency Economic Pow13 ers Act (50 U.S.C. 1701 et seq.)— 

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

15 all property and interests in property of a for16 eign actor designated as a foreign intelligence 

17 threat to higher education under subsection 

18 (b)(1), if such property and interests in prop19 erty are in the United States, come within the 

20 United States, or are or come within the pos21 session or control of a United States person; or 

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

23 employees of an institution, from— 

24 ‘‘(I) negotiating or entering into a 

25 contract with such a foreign actor; or 


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1 ‘‘(II) transferring information devel2 oped through research to such a foreign 

3 actor; and 

4 ‘‘(ii) require any institution that has a con5 tract with such a foreign actor in effect as of 

6 the date on which the foreign actor is des7 ignated as a foreign intelligence threat to high8 er education under subsection (b)(1) to termi9 nate that contract. 

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

11 paragraph (1)(B)(i)(II), the term ‘transfer’, with re12 spect to information, means— 

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

14 the information out of the United States, in15 cluding the sending or taking of information 

16 out of the United States, in any manner; 

17 ‘‘(B) releasing or otherwise transferring 

18 the information, including technical data, to a 

19 foreign person in the United States (commonly 

20 referred to as a ‘deemed export’); 

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

22 person of the information that reveals informa23 tion directly or indirectly related to critical 

24 technologies; and 


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1 ‘‘(D) oral or written exchanges with a for2 eign person of information, whether or not in 

3 the United States. 

4 ‘‘(3) INAPPLICABILITY OF NATIONAL EMER5 GENCY REQUIREMENT.—The requirements of section 

6 202 of the International Emergency Economic Pow7 ers Act (50 U.S.C. 1701) shall not apply for pur8 poses of this subsection. 

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

10 exercise all authorities provided under sections 203 

11 and 205 of the International Emergency Economic 

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

13 this subsection. 

14 ‘‘(5) PENALTIES.—A person that violates, at15 tempts to violate, conspires to violate, or causes a 

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

17 or order issued to carry out that paragraph shall be 

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

19 and (c) of section 206 of the International Emer20 gency Economic Powers Act (50 U.S.C. 1705) to the 

21 same extent as a person that commits an unlawful 

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

23 ‘‘(f) ACTIVITIES WITH NATIONAL SECURITY IMPLI24 CATIONS.— 


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

2 the Secretary of Homeland Security with informa3 tion about any foreign actor who has not been des4 ignated under subsection (b) if the foreign actor has 

5 engaged in any practice with national security impli6 cations, including— 

7 ‘‘(A) transferring uncontrolled, but sen8 sitive technology acquired during the foreign ac9 tor’s interactions with academic institutions; 

10 ‘‘(B) significantly changing the nature or 

11 type of academic study initially reported by the 

12 foreign actor, such as changing his or her 

13 major from a nonsensitive field of study to a 

14 sensitive field of study; 

15 ‘‘(C) significantly deviating from the terms 

16 of a nonimmigrant visa related to the study of 

17 technology deemed sensitive in nature; and 

18 ‘‘(D) misrepresenting, omitting, or fal19 sifying any information provided to the Depart20 ment of State or the Department of Homeland 

21 Security regarding the purpose of the foreign 

22 actor’s presence in the United States. 

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

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1 tion of a visa issued to a foreign actor described in 

2 paragraph (1), the foreign actor— 

3 ‘‘(A) shall be permitted to voluntarily de4 part the United States within 10 days; and 

5 ‘‘(B) may be given the opportunity to re6 apply for a visa outside of the United States. 

7 ‘‘(3) EFFECT OF FAILURE TO VOLUNTARILY

8 DEPART.—If a foreign actor described in paragraph 

9 (2) chooses not to voluntarily depart the United 

10 States, the Secretary of Homeland Security shall 

11 provide for the expedited removal of the foreign 

12 actor from the United States in accordance with sec13 tion 238(a)(3)(B) of the Immigration and Nation14 ality Act (8 U.S.C. 1228(a)(3)(B)). 

15 ‘‘(g) REPORTS.— 

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

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

18 year thereafter, the Director shall submit to the rel19 evant committees of Congress a detailed report con20 taining the following: 

21 ‘‘(A) A description and assessment of for22 eign actors who engage in activities listed in 

23 subsection (b)(1). 

24 ‘‘(B) An assessment of the impact of for25 eign actors who engage in activities listed in 


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

2 and development in connection with institu3 tions. 

4 ‘‘(C) An assessment of the implementation 

5 and operation of the designation process for 

6 foreign intelligence threats to higher education 

7 established under this section. 

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

9 the designation of foreign intelligence threats to 

10 higher education on activities listed in sub11 section (b)(1) in connection with institutions. 

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

13 under paragraph (1) shall be submitted in an un14 classified form, but may contain a classified annex.’’. 

15 (b) DEPORTABILITY; EXPEDITED REMOVAL.— 

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

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

18 1227(a)(2)(A)) is amended— 

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

20 (vii); and 

21 (B) by inserting after clause (v) the fol22 lowing: 

23 ‘‘(vi) FOREIGN INTELLIGENCE

24 THREAT TO HIGHER EDUCATION.—Any 

25 alien who has been designated as a foreign 


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1 intelligence threat to higher education 

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

3 States Code, is deportable.’’. 

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

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

6 1228(a)(3)) is amended— 

7 (A) by redesignating subparagraph (B) as 

8 subparagraph (C); and 

9 (B) by inserting after subparagraph (A) 

10 the following: 

11 ‘‘(B) The Secretary of Homeland Security 

12 shall provide for the expedited removal of aliens 

13 who have been designated as a foreign intel14 ligence threat to higher education under section 

15 540D(b) of title 28, United States Code, in the 

16 interest of national security.’’. 

17 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

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

19 States Code, is amended by adding at the end the fol20 lowing: 

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

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

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

23 U.S.C. 1011f) is amended— 

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

25 following: 


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1 ‘‘(a) DISCLOSURE REPORT.— 

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

3 paragraph (2) for a calendar year shall file a disclo4 sure report under subsection (b) with the Secretary 

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

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

7 described in this paragraph is an institution that— 

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

9 source; 

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

11 contract with a foreign source, the value of 

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

13 in combination with all other gifts from or con14 tracts with that foreign source within a cal15 endar year; or 

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

17 contract with a foreign intelligence threat to 

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

19 (2) in subsection (b)— 

20 (A) by redesignating paragraphs (1) 

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

22 respectively, and adjusting the margins appro23 priately; 

24 (B) by striking ‘‘REPORT.—Each’’ and in25 serting the following: ‘‘REPORT.— 


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1 ‘‘(1) IN GENERAL.—Each’’; 

2 (C) in subparagraph (A) (as so redesig3 nated), by inserting ‘‘, as measured by the fair 

4 market value of such gifts and contracts’’ after 

5 ‘‘particular country’’; 

6 (D) in subparagraph (B), as so redesig7 nated— 

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

9 foreign government and, if applicable, the 

10 foreign government agency, and’’ after 

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

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

13 fair market value of such gifts and con14 tracts’’ before the period at the end; and 

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

16 ‘‘(2) REQUIREMENTS RELATING TO FOREIGN

17 INTELLIGENCE THREATS.—For any institution de18 scribed in subsection (a)(2)(C), the report required 

19 under this section shall contain, in addition to any 

20 applicable information required under paragraph 

21 (1)— 

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

23 threat to higher education involved; and 

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

25 gifts and contracts attributable to the foreign 


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1 intelligence threat to higher education, as meas2 ured by the fair market value of such gifts and 

3 contracts.’’; 

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

5 following: 

6 ‘‘(3) For any such gift received from, or con7 tract entered into with, a foreign intelligence threat 

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

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

10 description of any such conditions or restrictions on 

11 the gift or contract.’’; 

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

13 also be accessible to the public through electronic 

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

15 (5) in subsection (h)— 

16 (A) by redesignating paragraphs (2) 

17 through (5) as paragraphs (3) through (6), re18 spectively; 

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

20 following: 

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

22 higher education’ means any foreign source that is 

23 designated as a foreign intelligence threat to higher 

24 education in accordance with section 540D of title 

25 28, United States Code;’’; 


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•S 1701 IS

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

2 by striking ‘‘or property’’ and inserting ‘‘, prop3 erty, services, or payment to the staff of an in4 stitution’’; 

5 (D) by striking paragraph (5) (as so redes6 ignated) and inserting the following: 

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

8 of higher education— 

9 ‘‘(A) to which Federal financial assistance 

10 is extended (directly or indirectly through an11 other entity or person); or 

12 ‘‘(B) that receives support from the exten13 sion of Federal financial assistance to any of 

14 the institution’s subunits’’; and 

15 (E) in paragraph (6)(B) (as so redesig16 nated), by inserting ‘‘institutes, instructional 

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

Æ 


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