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 fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Education and Labor, and Foreign Af-
fairs, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Higher Education 
Espionage and Theft Act of 2019’’. 
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SEC. 
2. 
DESIGNATION 
OF 
FOREIGN 
INTELLIGENCE 
THREATS TO HIGHER EDUCATION. 
(a) IN GENERAL.—Chapter 33 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 540D. Designation of foreign intelligence threats to 
higher education 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘classified information’ has the 
meaning given that term in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.); 
‘‘(2) the term ‘Director’ means the Director of 
the Federal Bureau of Investigation, acting in con-
sultation with the Attorney General, the Secretary of 
Education, and the Director of National Intelligence; 
‘‘(3) the term ‘foreign actor’ means— 
‘‘(A) a foreign government or its auxiliary 
territories, or any component thereof, whether 
or not recognized by the United States; 
‘‘(B) a foreign-based political organization, 
not substantially composed of United States 
persons; 
‘‘(C) a faction of a foreign nation or na-
tions, not substantially composed of United 
States persons; 
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‘‘(D) an entity that is openly acknowledged 
by a foreign government or governments to be 
directed and controlled by such foreign govern-
ment or governments; 
‘‘(E) any partnership, association, corpora-
tion, organization, or other combination of per-
sons who acts as an agent, representative, em-
ployee, or servant of, or whose activities are di-
rectly or indirectly supervised, directed, con-
trolled, financed, or subsidized in whole or in 
major part by a government, organization, fac-
tion, or entity described in subparagraph (A) 
(B), (C), or (D); or 
‘‘(F) any individual who acts as an agent, 
representative, employee, or servant of, or 
whose activities are directly or indirectly super-
vised, directed, controlled, financed, or sub-
sidized in whole or in major part by a govern-
ment, organization, faction, or entity described 
in subparagraph (A), (B), (C), or (D), unless 
such individual is a citizen of and domiciled 
within the United States; 
‘‘(4) the term ‘institution’ means any institu-
tion of higher education, as defined under section 
101 of the Higher Education Act (20 U.S.C. 1001); 
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‘‘(K) Interception or disclosure of wire, 
oral, or electronic communications, in violation 
of section 2511 of title 18. 
‘‘(L) A violation of any control on the im-
port or export of defense articles or defense 
services imposed under section 38 of the Arms 
Export Control Act (22 U.S.C. 2778). 
‘‘(M) A violation of any control on the ex-
port, reexport, and in-country transfer of an 
item imposed under section 1753 of the Export 
Control Reform Act of 2018 (50 U.S.C. 4812). 
‘‘(N) An unlawful act described in section 
206(a) of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1705(a)). 
‘‘(2) PROCEDURE.— 
‘‘(A) NOTICE BEFORE DESIGNATION.— 
‘‘(i) TO CONGRESSIONAL LEADERS.— 
Not later than 7 days before making a des-
ignation under paragraph (1), the Director 
shall submit to the Speaker and minority 
leader of the House of Representatives, the 
President pro tempore, majority leader, 
and minority leader of the Senate, and the 
members of the relevant committees of 
Congress— 
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‘‘(I) written notice of the intent 
of the Director to designate a foreign 
actor under paragraph (1); and 
‘‘(II) the findings made under 
paragraph (1) with respect to foreign 
actor and the factual basis therefor. 
‘‘(ii) TO THE ATTORNEY GENERAL.— 
Not later than 7 days before making a des-
ignation under paragraph (1), the Director 
shall submit to the Attorney General, for 
the Attorney General to determine whether 
further investigation or prosecution is war-
ranted— 
‘‘(I) written notice of the intent 
of the Director to designate a foreign 
actor under paragraph (1); and 
‘‘(II) the findings made under 
paragraph (1) with respect to the for-
eign actor and the factual basis there-
for. 
‘‘(iii) PROTECTION OF CLASSIFIED IN-
FORMATION.—The notice and findings sub-
mitted under clauses (i) and (ii) may be in 
classified form. 
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‘‘(B) PUBLICATION
IN
FEDERAL
REG-
ISTER.—If the Director makes a designation 
under paragraph (1), the Director shall publish 
the designation in the Federal Register on the 
date of the designation. 
‘‘(C) EFFECT OF DESIGNATION.—For pur-
poses of section 117 of the Higher Education 
Act of 1965 (20 U.S.C. 1011f), a designation 
under paragraph (1) shall take effect upon pub-
lication under subparagraph (B) of this para-
graph. 
‘‘(D) EFFECT OF DESIGNATION ON LAW-
FUL STATUS.— 
‘‘(i) REVOCATION OF NONIMMIGRANT 
VISA.—The Secretary of State shall revoke 
the nonimmigrant visa issued to any for-
eign actor present in the United States im-
mediately after such foreign actor has been 
designated under paragraph (1). 
‘‘(ii) REMOVAL.—The Secretary of 
Homeland Security shall initiate removal 
proceedings against any foreign actor de-
scribed in clause (i) and expeditiously re-
move such foreign actor from the United 
States. 
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‘‘(iii) 
INELIGIBILITY.—Any 
foreign 
actor who has been designated under para-
graph (1) shall be inadmissible to the 
United States and ineligible to receive a 
United States visa or be admitted to the 
United States. 
‘‘(iv) APPEAL.—If a foreign actor ap-
peals a designation under paragraph (1), 
the consequences described in clauses (i) 
through (iii) shall be stayed until such ap-
peal has been fully adjudicated. 
‘‘(3) RECORD.— 
‘‘(A) IN GENERAL.—In making a designa-
tion under paragraph (1), the Director shall 
create an administrative record. 
‘‘(B) CLASSIFIED INFORMATION.—The Di-
rector may consider classified information in 
making a designation under paragraph (1). 
Classified information shall not be subject to 
disclosure for such time as it remains classified, 
except that such information may be disclosed 
to a court ex parte and in camera for purposes 
of judicial review under subsection (d). 
‘‘(4) PERIOD OF DESIGNATION.— 
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‘‘(A) IN GENERAL.—A designation under 
paragraph (1) shall be effective for all purposes 
until revoked under paragraph (5) or (6) or set 
aside under subsection (d). 
‘‘(B) REVIEW OF DESIGNATION UPON PE-
TITION.— 
‘‘(i) IN GENERAL.—The Director shall 
review the designation of a foreign actor as 
a foreign intelligence threat to higher edu-
cation under the procedures set forth in 
clauses (iii) and (iv) if the designated for-
eign actor files a petition for revocation 
within the petition period described in 
clause (ii). 
‘‘(ii) PETITION
PERIOD.—For pur-
poses of clause (i)— 
‘‘(I) if the designated foreign 
actor has not previously filed a peti-
tion for revocation under this sub-
paragraph, the petition period begins 
2 years after the date on which the 
designation was made; or 
‘‘(II) if the designated foreign 
actor has previously filed a petition 
for revocation under this subpara-
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graph, the petition period begins 2 
years after the date of the determina-
tion made under clause (iv) with re-
spect to that petition. 
‘‘(iii) 
PROCEDURES.—Any 
foreign 
actor designated as a foreign intelligence 
threat to higher education that submits a 
petition for revocation under this subpara-
graph shall provide evidence in the petition 
that the relevant circumstances described 
in paragraph (1) are sufficiently different 
from the circumstances that were the basis 
for the designation such that a revocation 
with respect to the foreign actor is war-
ranted. 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after receiving a peti-
tion for revocation submitted under 
this subparagraph, the Director shall 
make a determination as to such rev-
ocation. 
‘‘(II) 
CLASSIFIED
INFORMA-
TION.—The Director may consider 
classified information in making a de-
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