‘‘(C) visual or other inspection by a foreign 
person of the information that reveals informa-
tion directly or indirectly related to critical 
technologies; and 
‘‘(D) oral or written exchanges with a for-
eign person of information, whether or not in 
the United States. 
‘‘(3) INAPPLICABILITY
OF
NATIONAL
EMER-
GENCY REQUIREMENT.—The requirements of section 
202 of the International Emergency Economic Pow-
ers Act (50 U.S.C. 1701) shall not apply for pur-
poses of this subsection. 
‘‘(4) IMPLEMENTATION.—The President may 
exercise all authorities provided under sections 203 
and 205 of the International Emergency Economic 
Powers Act (50 U.S.C. 1702 and 1704) to carry out 
this subsection. 
‘‘(5) PENALTIES.—A person that violates, at-
tempts to violate, conspires to violate, or causes a 
violation of paragraph (1) or any regulation, license, 
or order issued to carry out that paragraph shall be 
subject to the penalties set forth in subsections (b) 
and (c) of section 206 of the International Emer-
gency Economic Powers Act (50 U.S.C. 1705) to the 
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same extent as a person that commits an unlawful 
act described in subsection (a) of that section. 
‘‘(f) ACTIVITIES WITH NATIONAL SECURITY IMPLI-
CATIONS.— 
‘‘(1) IN GENERAL.—The Director shall provide 
the Secretary of Homeland Security with informa-
tion about any foreign actor who has not been des-
ignated under subsection (b) if the foreign actor has 
engaged in any practice with national security impli-
cations, including— 
‘‘(A) transferring uncontrolled, but sen-
sitive technology acquired during the foreign ac-
tor’s interactions with academic institutions; 
‘‘(B) significantly changing the nature or 
type of academic study initially reported by the 
foreign actor, such as changing his or her 
major from a nonsensitive field of study to a 
sensitive field of study; 
‘‘(C) significantly deviating from the terms 
of a nonimmigrant visa related to the study of 
technology deemed sensitive in nature; and 
‘‘(D) misrepresenting, omitting, or fal-
sifying any information provided to the Depart-
ment of State or the Department of Homeland 
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Security regarding the purpose of the foreign 
actor’s presence in the United States. 
‘‘(2) EFFECT OF REVOCATION OF VISA.—If the 
Secretary of Homeland Security orders the revoca-
tion of a visa issued to a foreign actor described in 
paragraph (1), the foreign actor— 
‘‘(A) shall be permitted to voluntarily de-
part the United States within 10 days; and 
‘‘(B) may be given the opportunity to re-
apply for a visa outside of the United States. 
‘‘(3) EFFECT
OF
FAILURE
TO
VOLUNTARILY 
DEPART.—If a foreign actor described in paragraph 
(2) chooses not to voluntarily depart the United 
States, the Secretary of Homeland Security shall 
provide for the expedited removal of the foreign 
actor from the United States in accordance with sec-
tion 238(a)(3)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1228(a)(3)(B)). 
‘‘(g) 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: 
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‘‘(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. 
‘‘(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) DEPORTABILITY; EXPEDITED REMOVAL.— 
(1) DEPORTABILITY.—Section 237(a)(2)(A) of 
the Immigration and Nationality Act (8 U.S.C. 
1227(a)(2)(A)) is amended— 
(A) by redesignating clause (vi) as clause 
(vii); and 
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(B) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) 
FOREIGN
INTELLIGENCE 
THREAT
TO
HIGHER
EDUCATION.—Any 
alien who has been designated as a foreign 
intelligence threat to higher education 
under section 540D(b) of title 28, United 
States Code, is deportable.’’. 
(2) EXPEDITED REMOVAL.—Section 238(a)(3) 
of the Immigration and Nationality Act (8 U.S.C. 
1228(a)(3)) is amended— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) The Secretary of Homeland Security 
shall provide for the expedited removal of aliens 
who have been designated as a foreign intel-
ligence threat to higher education under section 
540D(b) of title 28, United States Code, in the 
interest of national security.’’. 
(c) 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.’’. 
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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 $5,000 or lower, considered alone or in 
combination with all other gifts from or con-
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.’’; 
(2) in subsection (b)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
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‘‘(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: 
‘‘(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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