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, 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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‘‘(5) the term ‘national security’ means the na-
tional defense, foreign relations, or economic inter-
ests of the United States; 
‘‘(6) the term ‘relevant committees of Congress’ 
means— 
‘‘(A) the Committee on the Judiciary, the 
Select Committee on Intelligence, the Com-
mittee on Homeland Security and Government 
Affairs, and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate; and 
‘‘(B) the Committee on the Judiciary, the 
Permanent Select Committee on Intelligence, 
the Committee on Homeland Security, and the 
Committee on Education and the Workforce of 
the House of Representatives; and 
‘‘(7) the term ‘United States person’ has the 
meaning given that term in section 101 of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801). 
‘‘(b) DESIGNATION.— 
‘‘(1) IN
GENERAL.—The Director shall des-
ignate a foreign actor as a foreign intelligence threat 
to higher education, in accordance with this sub-
section, if the Director finds that the foreign actor 
has committed, attempted to commit, or conspired to 
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commit, in connection with an institution, one or 
more of the following: 
‘‘(A) Espionage, in violation of sections 
791 through 799 of title 18. 
‘‘(B) Kidnapping, in violation of section 
1201 of title 18. 
‘‘(C) Fraud or misuse of visas, permits, or 
other documents, in violation of section 1546 of 
title 18. 
‘‘(D) Aggravated identity theft, in violation 
of section 1028A of title 18. 
‘‘(E) Fraud or related activity in connec-
tion with access devices, in violation of section 
1029 of title 18. 
‘‘(F) Fraud or related activity in connec-
tion with computers, in violation of section 
1030 of title 18. 
‘‘(G) Economic espionage, in violation of 
section 1831 of title 18. 
‘‘(H) Theft of trade secrets, in violation of 
section 1832 of title 18. 
‘‘(I) Terrorism, in violation of sections 
2331 through 2339D of title 18. 
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‘‘(J) Interception or disclosure of wire, 
oral, or electronic communications, in violation 
of section 2511 of title 18. 
‘‘(2) PROCEDURE.— 
‘‘(A) NOTICE BEFORE DESIGNATION.— 
‘‘(i) TO CONGRESSIONAL LEADERS.— 
Not later than 7 days before making a des-
ignation under this subsection, the Direc-
tor shall submit to the Speaker and Minor-
ity Leader of the House of Representa-
tives, the President pro tempore, Majority 
Leader, and Minority Leader of the Sen-
ate, and the members of the relevant com-
mittees of Congress— 
‘‘(I) written notice of the intent 
of the Director to designate a foreign 
actor under this subsection; 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 this subsection, the Direc-
tor shall submit to the Attorney General, 
for the Attorney General to determine 
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whether further investigation or prosecu-
tion is warranted— 
‘‘(I) written notice of the intent 
of the Director to designate a foreign 
actor under this subsection; 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. 
‘‘(B) PUBLICATION
IN
FEDERAL
REG-
ISTER.—If the Director makes a designation 
under this subsection, 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 this subsection shall take effect upon 
publication under subparagraph (B). 
‘‘(3) RECORD.— 
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‘‘(A) IN GENERAL.—In making a designa-
tion under this subsection, the Director shall 
create an administrative record. 
‘‘(B) CLASSIFIED INFORMATION.—The Di-
rector may consider classified information in 
making a designation under this subsection. 
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.— 
‘‘(A) IN GENERAL.—A designation under 
this subsection 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 intel-
ligence threat to higher education under 
the procedures set forth in clauses (iii) and 
(iv) if the designated foreign actor files a 
petition for revocation within the petition 
period described in clause (ii). 
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‘‘(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-
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 
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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-
termination in response to a petition 
for revocation. Classified information 
shall not be subject to disclosure for 
such time as it remains classified, ex-
cept that such information may be 
disclosed to a court ex parte and in 
camera for purposes of judicial review 
under subsection (d). 
‘‘(III) PUBLICATION OF DETER-
MINATION.—A determination made by 
the Director under this clause shall be 
published in the Federal Register. 
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‘‘(IV) PROCEDURES.—Any rev-
ocation of a designation by the Direc-
tor shall be made in accordance with 
paragraph (6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If no review has 
taken place under subparagraph (B) dur-
ing any 5-year period, the Director shall 
review the designation of a foreign actor as 
a foreign intelligence threat to higher edu-
cation in order to determine whether such 
designation should be revoked pursuant to 
paragraph (6). 
‘‘(ii) PROCEDURES.—If a review does 
not take place pursuant to subparagraph 
(B) in response to a petition for revocation 
that is filed in accordance with that sub-
paragraph, the review shall be conducted 
pursuant to procedures established by the 
Director. The results of such review and 
the applicable procedures shall not be re-
viewable in any court. 
‘‘(iii) PUBLICATION OF RESULTS OF 
REVIEW.—The Director shall publish any 
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determination made under this subpara-
graph in the Federal Register. 
‘‘(5) REVOCATION BY ACT OF CONGRESS.—Con-
gress, by an Act of Congress, may block or revoke 
a designation made under paragraph (1). 
‘‘(6) REVOCATION BASED ON CHANGE IN CIR-
CUMSTANCES.— 
‘‘(A) IN GENERAL.—The Director may re-
voke a designation made under paragraph (1) 
at any time, and shall revoke a designation 
upon completion of a review conducted pursu-
ant to subparagraphs (B) and (C) of paragraph 
(4) if the Director finds that— 
‘‘(i) the circumstances that were the 
basis for the designation have changed in 
such a manner as to warrant revocation; or 
‘‘(ii) the national security of the 
United States warrants a revocation. 
‘‘(B) PROCEDURE.—The procedural re-
quirements of paragraphs (2) and (3) shall 
apply to a revocation under this paragraph. Any 
revocation shall take effect on the date specified 
in the revocation or upon publication in the 
Federal Register if no effective date is specified. 
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‘‘(7) EFFECT OF REVOCATION.—The revocation 
of a designation under paragraph (5) or (6) shall 
not affect any action or proceeding based on conduct 
committed prior to the effective date of such revoca-
tion. 
‘‘(c) AMENDMENTS TO A DESIGNATION.— 
‘‘(1) IN GENERAL.—The Director may amend a 
designation under subsection (b) if the Director 
finds that the foreign actor has changed its name, 
adopted a new alias, dissolved and then reconsti-
tuted itself under a different name or names, or 
merged with another foreign actor. 
‘‘(2) PROCEDURE.—Amendments made to a 
designation in accordance with paragraph (1) shall 
be effective upon publication in the Federal Register. 
Subparagraphs (B) and (C) of subsection (b)(2) 
shall apply to an amended designation upon such 
publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), 
and (8) of subsection (b) shall also apply to an 
amended designation. 
‘‘(3) ADMINISTRATIVE RECORD.—The adminis-
trative record shall be corrected to include the 
amendments as well as any additional relevant infor-
mation that supports those amendments. 
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‘‘(4) CLASSIFIED INFORMATION.—The Director 
may consider classified information in amending a 
designation in accordance with this subsection. Clas-
sified 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). 
‘‘(d) JUDICIAL REVIEW OF DESIGNATION.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after publication in the Federal Register of a des-
ignation, an amended designation, or a determina-
tion in response to a petition for revocation, the for-
eign actor designated as a foreign intelligence threat 
to higher education may seek judicial review in the 
United States Court of Appeals for the District of 
Columbia Circuit. 
‘‘(2) BASIS
OF
REVIEW.—Review under this 
subsection shall be based solely upon the administra-
tive record, except that the Government may submit, 
for ex parte and in camera review, classified infor-
mation used in making the designation, amended 
designation, or determination in response to a peti-
tion for revocation, in a manner consistent with the 
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Classified Information Procedures Act (18 U.S.C. 
App.). 
‘‘(3) SCOPE OF REVIEW.—The Court shall hold 
unlawful and set aside a designation, amended des-
ignation, or determination in response to a petition 
for revocation the court finds to be— 
‘‘(A) arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accordance with 
law; 
‘‘(B) contrary to constitutional right, 
power, privilege, or immunity; 
‘‘(C) in excess of statutory jurisdiction, au-
thority, or limitation, or short of statutory 
right; 
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole or in clas-
sified information submitted to the court under 
paragraph (2); or 
‘‘(E) not in accord with the procedures re-
quired by law. 
‘‘(4) JUDICIAL REVIEW INVOKED.—The pend-
ency of an action for judicial review of a designation, 
amended designation, or determination in response 
to a petition for revocation shall not affect the appli-
cation of this section, unless the court issues a final 
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order setting aside the designation, amended des-
ignation, or determination in response to a petition 
for revocation. 
‘‘(e) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this section, and every 
year thereafter, the Director shall submit to the rel-
evant committees of Congress a detailed report con-
taining the following: 
‘‘(A) A description and assessment of for-
eign actors who engage in activities listed in 
subsection (b)(1). 
‘‘(B) An assessment of the impact of for-
eign actors who engage in activities listed in 
subsection (b)(1) on scholarship and research 
and development in connection with institu-
tions. 
‘‘(C) An assessment of the implementation 
and operation of the designation process for 
foreign intelligence threats to higher education 
established under this section. 
‘‘(D) An assessment of the likely effects of 
the designation of foreign intelligence threats to 
higher education on activities listed in sub-
section (b)(1) in connection with institutions. 
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‘‘(2) FORM OF REPORTS.—The reports required 
under paragraph (1) shall be submitted in an un-
classified form, but may contain a classified annex.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for 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.’’. 
SEC. 3. DISCLOSURE OF FOREIGN GIFTS OR CONTRACTS. 
Section 117 of the Higher Education Act of 1965 (20 
U.S.C. 1011f) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) DISCLOSURE REPORT.— 
‘‘(1) IN GENERAL.—An institution described in 
paragraph (2) for a calendar year shall file a disclo-
sure report under subsection (b) with the Secretary 
by January 31 or July 31, whichever is sooner. 
‘‘(2) TYPES OF INSTITUTIONS.—An institution 
described in this paragraph is an institution that— 
‘‘(A) is owned or controlled by a foreign 
source; 
‘‘(B) receives a gift from or enters into a 
contract with a foreign source, the value of 
which is $250,000 or more, considered alone or 
in combination with all other gifts from or con-
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tracts with that foreign source within a cal-
endar year; or 
‘‘(C) receives a gift from or enters into a 
contract with a foreign intelligence threat to 
higher education, or any agent thereof, the 
value of which is $50,000 or more, considered 
alone or in combination with all other gifts 
from or contracts with that foreign intelligence 
threat to higher education within a calendar 
year.’’; 
(2) in subsection (b)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
respectively, and adjusting the margins appro-
priately; 
(B) by striking ‘‘REPORT.—Each’’ and in-
serting the following: ‘‘REPORT.— 
‘‘(1) IN GENERAL.—Each’’; 
(C) in subparagraph (A) (as so redesig-
nated), by inserting ‘‘, as measured by the fair 
market value of such gifts and contracts’’ after 
‘‘particular country’’; 
(D) in subparagraph (B), as so redesig-
nated— 
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(i) by inserting ‘‘the identity of the 
foreign government and, if applicable, the 
foreign government agency, and’’ after 
‘‘with a foreign government,’’; and 
(ii) by inserting ‘‘, as measured by the 
fair market value of such gifts and con-
tracts’’ before the period at the end; and 
(E) by adding at the end the following: 
‘‘(2) REQUIREMENTS
RELATING
TO
FOREIGN 
INTELLIGENCE THREATS.—For any institution de-
scribed in subsection (a)(2)(C), the report required 
under this section shall contain, in addition to any 
applicable information required under paragraph 
(1)— 
‘‘(A) the identity of the foreign intelligence 
threat to higher education involved; and 
‘‘(B) the aggregate dollar amount of such 
gifts and contracts attributable to the foreign 
intelligence threat to higher education, as meas-
ured by the fair market value of such gifts and 
contracts.’’; 
(3) in subsection (c), by adding at the end the 
following: 
‘‘(3) For any such gift received from, or con-
tract entered into with, a foreign intelligence threat 
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to higher education, the fair market value of the gift 
or contract, the date of the gift or contract, and a 
description of any such conditions or restrictions on 
the gift or contract.’’; 
(4) in subsection (e), by inserting ‘‘, and shall 
also be accessible to the public through electronic 
means’’ before the period at the end; and 
(5) in subsection (h)— 
(A) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (3) through (6), re-
spectively; 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) the term ‘foreign intelligence threat to 
higher education’ means any foreign source that is 
designated as a foreign intelligence threat to higher 
education in accordance with section 540D of title 
28, United States Code;’’; 
(C) in paragraph (4) (as so redesignated), 
by striking ‘‘or property’’ and inserting ‘‘, prop-
erty, services, or payment to the staff of an in-
stitution’’; 
(D) by striking paragraph (5) (as so redes-
ignated) and inserting the following: 
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‘‘(5) the term ‘institution’ means an institution 
of higher education— 
‘‘(A) to which Federal financial assistance 
is extended (directly or indirectly through an-
other entity or person); or 
‘‘(B) that receives support from the exten-
sion of Federal financial assistance to any of 
the institution’s subunits’’; and 
(E) in paragraph (6)(B) (as so redesig-
nated), by inserting ‘‘institutes, instructional 
programs,’’ before ‘‘research or lecture’’. 
Æ 
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