,,ii #aafth ,,congress #ast ,session ,s4 #agja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #c1 #bjai,mr4 ,cruz introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to address foreign threats to higher education in the ,united ,states4 #a4 ,short title ,this ,act may be cited as the ,stop ,higher ,education ,espionage and ,theft ,act of #bjai4 #b4 ,designation of foreign intelligence threats to higher education 7a7 ,in general ,chapter #cc of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #edj;,d4 ,designation of foreign intelligence threats to higher education 7a7 ,definitions ,in this section-- 7#a7 the term classified information has the meaning given that term in section #a7;a7 of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app472 7#b7 the term ,director means the ,director of the ,federal ,bureau of ,investigation1 acting in consultation with the ,attorney ,general1 the ,secretary of ,education1 and the ,director of ,national ,intelligence2 7#c7 the term foreign actor means-- 7,a7 a foreign government or its auxiliary territories1 or any component thereof1 whether or not recognized by the ,united ,states2 7,b7 a foreign-based political organization1 not substantially composed of ,united ,states persons2 7,c7 a faction of a foreign nation or nations1 not substantially composed of ,united ,states persons2 7,d7 an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments2 7,e7 any partnership1 association1 corporation1 organization1 or other combination of persons who acts as an agent1 representative1 employee1 or servant of1 or whose activities are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in major part by a government1 organization1 faction1 or entity described in subparagraph 7,a7 7,b71 7,c71 or 7,d72 or 7,f7 any individual who acts as an agent1 representative1 employee1 or servant of1 or whose activities are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in major part by a government1 organization1 faction1 or entity described in subparagraph 7,a71 7,b71 7,c71 or 7,d71 unless such individual is a citizen of and domiciled within the ,united ,states2 7#d7 the term institution means any institution of higher education1 as defined under section #aja of the ,higher ,education ,act 7#bj ,u4,s4,c4 #ajja72 7#e7 the term national security means the national defense1 foreign relations1 or economic interests of the ,united ,states2 7#f7 the term relevant committees of ,congress means-- 7,a7 the ,committee on the ,judiciary1 the ,select ,committee on ,intelligence1 the ,committee on ,homeland ,security and ,government ,affairs1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,b7 the ,committee on the ,judiciary1 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,homeland ,security1 and the ,committee on ,education and ,labor of the ,house of ,representatives2 and 7#g7 the term ,united ,states person has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7b7 ,designation 7#a7 ,in general ,the ,director shall designate a foreign actor as a foreign intelligence threat to higher education1 in accordance with this subsection1 if the ,director finds that the foreign actor has committed1 attempted to commit1 or conspired to commit1 in connection with an institution1 one or more of the following3 7,a7 ,smuggling goods from the ,united ,states1 in violation of section #eed of title #ah4 7,b7 ,espionage1 in violation of sections #gia through #gii of title #ah4 7,c7 ,kidnapping1 in violation of section #abja of title #ah4 7,d7 ,fraud or misuse of visas1 permits1 or other documents1 in violation of section #aedf of title #ah4 7,e7 ,aggravated identity theft1 in violation of section #ajbh;,a of title #ah4 7,f7 ,fraud or related activity in connection with access devices1 in violation of section #ajbi of title #ah4 7,g7 ,fraud or related activity in connection with computers1 in violation of section #ajcj of title #ah4 7,h7 ,economic espionage1 in violation of section #ahca of title #ah4 7,i7 ,theft of trade secrets1 in violation of section #ahcb of title #ah4 7,j7 ,terrorism1 in violation of sections #bcca through #bcci;,d of title #ah4 7,k7 ,interception or disclosure of wire1 oral1 or electronic communications1 in violation of section #beaa of title #ah4 7,l7 ,a violation of any control on the import or export of defense articles or defense services imposed under section #ch of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh74 7,m7 ,a violation of any control on the export1 reexport1 and in-country transfer of an item imposed under section #agec of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhab74 7,n7 ,an unlawful act described in section #bjf7;a7 of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7;a774 7#b7 ,procedure 7,a7 ,notice before designation 7i7 ,to congressional leaders ,not later than #g days before making a designation under paragraph 7#a71 the ,director shall submit to the ,speaker and minority leader of the ,house of ,representatives1 the ,president pro tempore1 majority leader1 and minority leader of the ,senate1 and the members of the relevant committees of ,congress-- 7,i7 written notice of the intent of the ,director to designate a foreign actor under paragraph 7#a72 and 7,,ii7 the findings made under paragraph 7#a7 with respect to foreign actor and the factual basis therefor4 7ii7 ,to the ,attorney ,general ,not later than #g days before making a designation under paragraph 7#a71 the ,director shall submit to the ,attorney ,general1 for the ,attorney ,general to determine whether further investigation or prosecution is warranted-- 7,i7 written notice of the intent of the ,director to designate a foreign actor under paragraph 7#a72 and 7,,ii7 the findings made under paragraph 7#a7 with respect to the foreign actor and the factual basis therefor4 7iii7 ,protection of classified information ,the notice and findings submitted under clauses 7i7 and 7ii7 may be in classified form4 7,b7 ,publication in ,federal ,register ,if the ,director makes a designation under paragraph 7#a71 the ,director shall publish the designation in the ,federal ,register on the date of the designation4 7,c7 ,effect of designation ,for purposes of section #aag of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f71 a designation under paragraph 7#a7 shall take effect upon publication under subparagraph 7,b7 of this paragraph4 7,d7 ,effect of designation on lawful status 7i7 ,revocation of nonimmigrant visa ,the ,secretary of ,state shall revoke the nonimmigrant visa issued to any foreign actor present in the ,united ,states immediately after such foreign actor has been designated under paragraph 7#a74 7ii7 ,removal ,the ,secretary of ,homeland ,security shall initiate removal proceedings against any foreign actor described in clause 7i7 and expeditiously remove such foreign actor from the ,united ,states4 7iii7 ,ineligibility ,any foreign actor who has been designated under paragraph 7#a7 shall be inadmissible to the ,united ,states and ineligible to receive a ,united ,states visa or be admitted to the ,united ,states4 7iv7 ,appeal ,if a foreign actor appeals a designation under paragraph 7#a71 the consequences described in clauses 7i7 through 7iii7 shall be stayed until such appeal has been fully adjudicated4 7#c7 ,record 7,a7 ,in general ,in making a designation under paragraph 7#a71 the ,director shall create an administrative record4 7,b7 ,classified information ,the ,director may consider classified information in making a designation under paragraph 7#a74 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7d74 7#d7 ,period of designation 7,a7 ,in general ,a designation under paragraph 7#a7 shall be effective for all purposes until revoked under paragraph 7#e7 or 7#f7 or set aside under subsection 7d74 7,b7 ,review of designation upon petition 7i7 ,in general ,the ,director shall review the designation of a foreign actor as a foreign intelligence threat to higher education under the procedures set forth in clauses 7iii7 and 7iv7 if the designated foreign actor files a petition for revocation within the petition period described in clause 7ii74 7ii7 ,petition period ,for purposes of clause 7i7-- 7,i7 if the designated foreign actor has not previously filed a petition for revocation under this subparagraph1 the petition period begins #b years after the date on which the designation was made2 or 7,,ii7 if the designated foreign actor has previously filed a petition for revocation under this subparagraph1 the petition period begins #b years after the date of the determination made under clause 7iv7 with respect to that petition4 7iii7 ,procedures ,any foreign actor designated as a foreign intelligence threat to higher education that submits a petition for revocation under this subparagraph shall provide evidence in the petition that the relevant circumstances described in paragraph 7#a7 are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the foreign actor is warranted4 7iv7 ,determination 7,i7 ,in general ,not later than #ahj days after receiving a petition for revocation submitted under this subparagraph1 the ,director shall make a determination as to such revocation4 7,,ii7 ,classified information ,the ,director may consider classified information in making a determination in response to a petition for revocation4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7d74 7,,iii7 ,publication of determination ,a determination made by the ,director under this clause shall be published in the ,federal ,register4 7,,iv7 ,procedures ,any revocation of a designation by the ,director shall be made in accordance with paragraph 7#f74 7,c7 ,other review of designation 7i7 ,in general ,if no review has taken place under subparagraph 7,b7 during any #e-year period1 the ,director shall review the designation of a foreign actor as a foreign intelligence threat to higher education under paragraph 7#a7 in order to determine whether such designation should be revoked pursuant to paragraph 7#f74 7ii7 ,procedures ,if a review does not take place pursuant to subparagraph 7,b7 in response to a petition for revocation that is filed in accordance with that subparagraph1 the review shall be conducted pursuant to procedures established by the ,director4 ,the results of such review and the applicable procedures shall not be reviewable in any court4 7iii7 ,publication of results of review ,the ,director shall publish any determination made under this subparagraph in the ,federal ,register4 7#e7 ,revocation by ,act of ,congress ,congress1 by an ,act of ,congress1 may block or revoke a designation made under paragraph 7#a74 7#f7 ,revocation based on change in circumstances 7,a7 ,in general ,the ,director may revoke a designation made under paragraph 7#a7 at any time1 and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs 7,b7 and 7,c7 of paragraph 7#d7 if the ,director finds that-- 7i7 the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation2 or 7ii7 the national security of the ,united ,states warrants a revocation4 7,b7 ,procedure ,the procedural requirements of paragraphs 7#b7 and 7#c7 shall apply to a revocation under this paragraph4 ,any revocation shall take effect on the date specified in the revocation or upon publication in the ,federal ,register if no effective date is specified4 7#g7 ,effect of revocation ,the revocation of a designation under paragraph 7#e7 or 7#f7 shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation4 7c7 ,amendments to a designation 7#a7 ,in general ,the ,director may amend a designation under subsection 7b77#a7 if the ,director finds that the foreign actor has changed its name1 adopted a new alias1 dissolved and then reconstituted itself under a different name or names1 or merged with another foreign actor4 7#b7 ,procedure ,amendments made to a designation in accordance with paragraph 7#a7 shall be effective upon publication in the ,federal ,register4 ,subparagraphs 7,b7 and 7,c7 of subsection 7b77#b7 shall apply to an amended designation upon such publication4 ,paragraphs 7#b77;,a77i71 7#d71 7#e71 7#f71 7#g71 and 7#h7 of subsection 7b7 shall also apply to an amended designation4 7#c7 ,administrative record ,the administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments4 7#d7 ,classified information ,the ,director may consider classified information in amending a designation in accordance with this subsection4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7d74 7d7 ,judicial review of designation 7#a7 ,in general ,not later than #cj days after publication in the ,federal ,register of a designation1 an amended designation1 or a determination in response to a petition for revocation1 the foreign 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 ,circuit4 7#b7 ,basis of review ,review under this subsection shall be based solely upon the administrative record1 except that the ,government may submit1 for ex parte and in camera review1 classified information used in making the designation1 amended designation1 or determination in response to a petition for revocation1 in a manner consistent with the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app474 7#c7 ,scope of review ,the ,court shall hold unlawful and set aside a designation1 amended designation1 or determination in response to a petition for revocation the court finds to be-- 7,a7 arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law2 7,b7 contrary to constitutional right1 power1 privilege1 or immunity2 7,c7 in excess of statutory jurisdiction1 authority1 or limitation1 or short of statutory right2 7,d7 lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph 7#b72 or 7,e7 not in accord with the procedures required by law4 7#d7 ,judicial review invoked ,the pendency of an action for judicial review of a designation1 amended designation1 or determination in response to a petition for revocation shall not affect the application of this section1 unless the court issues a final order setting aside the designation1 amended designation1 or determination in response to a petition for revocation4 7e7 ,imposition of sanctions under ,international ,emergency ,economic ,powers ,act 7#a7 ,in general ,the ,president may1 pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47-- 7,a7 block and prohibit all transactions in all property and interests in property of a foreign actor designated as a foreign intelligence threat to higher education under subsection 7b77#a71 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person2 or 7,b7 7i7 prohibit any institution1 and all employees of an institution1 from-- 7,i7 negotiating or entering into a contract with such a foreign actor2 or 7,,ii7 transferring information developed through research to such a foreign actor2 and 7ii7 require any institution that has a contract with such a foreign actor in effect as of the date on which the foreign actor is designated as a foreign intelligence threat to higher education under subsection 7b77#a7 to terminate that contract4 7#b7 ,transfer defined ,for purposes of paragraph 7#a77;,b77i77,,ii71 the term transfer1 with respect to information1 means-- 7,a7 an actual shipment or transmission of the information out of the ,united ,states1 including the sending or taking of information out of the ,united ,states1 in any manner2 7,b7 releasing or otherwise transferring the information1 including technical data1 to a foreign person in the ,united ,states 7commonly referred to as a deemed export72 7,c7 visual or other inspection by a foreign person of the information that reveals information directly or indirectly related to critical technologies2 and 7,d7 oral or written exchanges with a foreign person of information1 whether or not in the ,united ,states4 7#c7 ,inapplicability of national emergency requirement ,the requirements of section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja7 shall not apply for purposes of this subsection4 7#d7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this subsection4 7#e7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of paragraph 7#a7 or any regulation1 license1 or order issued to carry out that paragraph shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7f7 ,activities with national security implications 7#a7 ,in general ,the ,director shall provide the ,secretary of ,homeland ,security with information about any foreign actor who has not been designated under subsection 7b7 if the foreign actor has engaged in any practice with national security implications1 including-- 7,a7 transferring uncontrolled1 but sensitive technology acquired during the foreign actor's interactions with academic institutions2 7,b7 significantly changing the nature or type of academic study initially reported by the foreign actor1 such as changing his or her major from a nonsensitive field of study to a sensitive field of study2 7,c7 significantly deviating from the terms of a nonimmigrant visa related to the study of technology deemed sensitive in nature2 and 7,d7 misrepresenting1 omitting1 or falsifying any information provided to the ,department of ,state or the ,department of ,homeland ,security regarding the purpose of the foreign actor's presence in the ,united ,states4 7#b7 ,effect of revocation of visa ,if the ,secretary of ,homeland ,security orders the revocation of a visa issued to a foreign actor described in paragraph 7#a71 the foreign actor-- 7,a7 shall be permitted to voluntarily depart the ,united ,states within #aj days2 and 7,b7 may be given the opportunity to reapply for a visa outside of the ,united ,states4 7#c7 ,effect of failure to voluntarily depart ,if a foreign actor described in paragraph 7#b7 chooses not to voluntarily depart the ,united ,states1 the ,secretary of ,homeland ,security shall provide for the expedited removal of the foreign actor from the ,united ,states in accordance with section #bch7;a77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbh7;a77#c77;,b774 7g7 ,reports 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 and every year thereafter1 the ,director shall submit to the relevant committees of ,congress a detailed report containing the following3 7,a7 ,a description and assessment of foreign actors who engage in activities listed in subsection 7b77#a74 7,b7 ,an assessment of the impact of foreign actors who engage in activities listed in subsection 7b77#a7 on scholarship and research and development in connection with institutions4 7,c7 ,an assessment of the implementation and operation of the designation process for foreign intelligence threats to higher education established under this section4 7,d7 ,an assessment of the likely effects of the designation of foreign intelligence threats to higher education on activities listed in subsection 7b77#a7 in connection with institutions4 7#b7 ,form of reports ,the reports required under paragraph 7#a7 shall be submitted in an unclassified form1 but may contain a classified annex4 4 7b7 ,deportability2 expedited removal 7#a7 ,deportability ,section #bcg7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77;,a77 is amended-- 7,a7 by redesignating clause 7vi7 as clause 7vii72 and 7,b7 by inserting after clause 7v7 the following3 7vi7 ,foreign intelligence threat to higher education ,any alien who has been designated as a foreign intelligence threat to higher education under section #edj;,d7b7 of title #bh1 ,united ,states ,code1 is deportable4 4 7#b7 ,expedited removal ,section #bch7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbh7;a77#c77 is amended-- 7,a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7,b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,the ,secretary of ,homeland ,security shall provide for the expedited removal of aliens who have been designated as a foreign intelligence threat to higher education under section #edj;,d7b7 of title #bh1 ,united ,states ,code1 in the interest of national security4 4 7c7 ,technical and conforming amendment ,the table of sections for chapter #cc of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #edj;,d4 ,designation of foreign intelligence threats to higher education4 4 #c4 ,disclosure of foreign gifts or contracts ,section #aag of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,disclosure report 7#a7 ,in general ,an institution described in paragraph 7#b7 for a calendar year shall file a disclosure report under subsection 7b7 with the ,secretary by ,january #ca or ,july #ca1 whichever is sooner4 7#b7 ,types of institutions ,an institution described in this paragraph is an institution that-- 7,a7 is owned or controlled by a foreign source2 7,b7 receives a gift from or enters into a contract with a foreign source1 the value of which is #bej1jjj or more1 considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year2 or 7,c7 receives a gift from or enters into a contract with a foreign intelligence threat to higher education1 or any agent thereof4 2 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and adjusting the margins appropriately2 7,b7 by striking ,report4--,each and inserting the following3 ,report4-- 7#a7 ,in general ,each 2 7,c7 in subparagraph 7,a7 7as so redesignated71 by inserting 1 as measured by the fair market value of such gifts and contracts after particular country2 7,d7 in subparagraph 7,b71 as so redesignated-- 7i7 by inserting the identity of the foreign government and1 if applicable1 the foreign government agency1 and after with a foreign government12 and 7ii7 by inserting 1 as measured by the fair market value of such gifts and contracts before the period at the end2 and 7,e7 by adding at the end the following3 7#b7 ,requirements relating to foreign intelligence threats ,for any institution described in subsection 7a77#b77;,c71 the report required under this section shall contain1 in addition to any applicable information required under paragraph 7#a7-- 7,a7 the identity of the foreign intelligence threat to higher education involved2 and 7,b7 the aggregate dollar amount of such gifts and contracts attributable to the foreign intelligence threat to higher education1 as measured by the fair market value of such gifts and contracts4 2 7#c7 in subsection 7c71 by adding at the end the following3 7#c7 ,for any such gift received from1 or contract entered into with1 a foreign intelligence threat to higher education1 the fair market value of the gift or contract1 the date of the gift or contract1 and a description of any such conditions or restrictions on the gift or contract4 2 7#d7 in subsection 7e71 by inserting 1 and shall also be accessible to the public through electronic means before the period at the end2 and 7#e7 in subsection 7h7-- 7,a7 by redesignating paragraphs 7#b7 through 7#e7 as paragraphs 7#c7 through 7#f71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 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 #edj;,d of title #bh1 ,united ,states ,code2 2 7,c7 in paragraph 7#d7 7as so redesignated71 by striking or property and inserting 1 property1 services1 or payment to the staff of an institution2 7,d7 by striking paragraph 7#e7 7as so redesignated7 and inserting the following3 7#e7 the term institution means an institution of higher education-- 7,a7 to which ,federal financial assistance is extended 7directly or indirectly through another entity or person72 or 7,b7 that receives support from the extension of ,federal financial assistance to any of the institution's subunits 2 and 7,e7 in paragraph 7#f77;,b7 7as so redesignated71 by inserting institutes1 instructional programs1 before research or lecture4