What This Bill Does
This bill creates a system for the FBI Director to label foreign actors as threats to American higher education. Once labeled, these foreign actors face visa revocation, removal from the United States, and restrictions on doing business with colleges and universities. The bill also requires colleges to report any gifts or contracts they receive from these designated foreign threats.
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Who It Affects
- Foreign governments and their agents
- Foreign political organizations
- Foreign individuals working for foreign governments
- U.S. colleges and universities
- Students and researchers from other countries
- The FBI, Department of State, and Department of Homeland Security
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Key Provisions
- The FBI Director may designate a foreign actor as a higher education threat if they commit crimes like espionage, theft of trade secrets, economic espionage, fraud, computer crimes, or terrorism in connection with a college or university (Sec. 2(b)(1))
- Once designated, the Secretary of State must revoke any visa the foreign actor holds, and the Secretary of Homeland Security must remove them from the United States (Sec. 2(b)(2)(D))
- Colleges cannot negotiate, enter into contracts with, or transfer research information to a designated foreign threat. Colleges with existing contracts must terminate them (Sec. 2(e)(1)(B))
- The designated foreign actor can ask for the designation to be reviewed 2 years after it was made, but must show that circumstances have significantly changed (Sec. 2(b)(4)(B))
- Colleges must report to the Department of Education any gifts or contracts worth $5,000 or less from any foreign source, and must specifically report any dealings with designated foreign threats (Sec. 3)
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What Changes
If this bill becomes law, colleges will need to monitor and report foreign funding sources and stop all business relationships with entities the FBI designates as foreign education threats. Foreign nationals designated as threats will lose their visas and be removed from the country. The FBI gains new authority to investigate and label foreign actors as higher education threats based on specific criminal activities. Congress can block or revoke any designation the FBI makes.
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Important Definitions
- **Foreign actor**: A foreign government, foreign political organization, faction of a foreign nation, or any person or group acting as an agent or representative of these entities (unless the person is a U.S. citizen living in the U.S.)
- **Foreign intelligence threat to higher education**: A foreign actor that has committed, attempted, or conspired to commit specific crimes (including espionage, theft of trade secrets, or economic espionage) connected to a college or university
- **Institution**: Any college or university as defined under federal higher education law
- **National security**: The national defense, foreign relations, or economic interests of the United States
- **Transfer** (of information): Physically shipping information out of the U.S., releasing technical data to a foreign person in the U.S., allowing a foreign person to inspect sensitive information, or exchanging information orally or in writing with a foreign person
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1146
To address foreign threats to higher education in the United States.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 21, 2023
Mrs. STEEL (for herself, Ms. STEFANIK, and Mr. CRENSHAW) introduced the
following bill; which was referred to the Committee on the Judiciary, and
in addition to the Committees on Education and the Workforce, and For-
eign Affairs, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction 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-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Stop Higher Education
4
Espionage and Theft Act of 2023’’.
5
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•HR 1146 IH
SEC.
2.
DESIGNATION
OF
FOREIGN
INTELLIGENCE
1
THREATS TO HIGHER EDUCATION.
2
(a) IN GENERAL.—Chapter 33 of title 28, United
3
States Code, is amended by adding at the end the fol-
4
lowing:
5
‘‘§ 540D. Designation of foreign intelligence threats to
6
higher education
7
‘‘(a) DEFINITIONS.—In this section—
8
‘‘(1) the term ‘classified information’ has the
9
meaning given that term in section 1(a) of the Clas-
10
sified Information Procedures Act (18 U.S.C. App.);
11
‘‘(2) the term ‘Director’ means the Director of
12
the Federal Bureau of Investigation, acting in con-
13
sultation with the Attorney General, the Secretary of
14
Education, and the Director of National Intelligence;
15
‘‘(3) the term ‘foreign actor’ means—
16
‘‘(A) a foreign government or its auxiliary
17
territories, or any component thereof, whether
18
or not recognized by the United States;
19
‘‘(B) a foreign-based political organization,
20
not substantially composed of United States
21
persons;
22
‘‘(C) a faction of a foreign nation or na-
23
tions, not substantially composed of United
24
States persons;
25
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•HR 1146 IH
‘‘(D) an entity that is openly acknowledged
1
by a foreign government or governments to be
2
directed and controlled by such foreign govern-
3
ment or governments;
4
‘‘(E) any partnership, association, corpora-
5
tion, organization, or other combination of per-
6
sons who acts as an agent, representative, em-
7
ployee, or servant of, or whose activities are di-
8
rectly or indirectly supervised, directed, con-
9
trolled, financed, or subsidized in whole or in
10
major part by a government, organization, fac-
11
tion, or entity described in subparagraph (A)
12
(B), (C), or (D); or
13
‘‘(F) any individual who acts as an agent,
14
representative, employee, or servant of, or
15
whose activities are directly or indirectly super-
16
vised, directed, controlled, financed, or sub-
17
sidized in whole or in major part by a govern-
18
ment, organization, faction, or entity described
19
in subparagraph (A), (B), (C), or (D), unless
20
such individual is a citizen of and domiciled
21
within the United States;
22
‘‘(4) the term ‘institution’ means any institu-
23
tion of higher education, as defined under section
24
101 of the Higher Education Act (20 U.S.C. 1001);
25
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•HR 1146 IH
‘‘(5) the term ‘national security’ means the na-
1
tional defense, foreign relations, or economic inter-
2
ests of the United States;
3
‘‘(6) the term ‘relevant committees of Congress’
4
means—
5
‘‘(A) the Committee on the Judiciary, the
6
Select Committee on Intelligence, the Com-
7
mittee on Homeland Security and Government
8
Affairs, and the Committee on Health, Edu-
9
cation, Labor, and Pensions of the Senate; and
10
‘‘(B) the Committee on the Judiciary, the
11
Permanent Select Committee on Intelligence,
12
the Committee on Homeland Security, and the
13
Committee on Education and the Workforce of
14
the House of Representatives; and
15
‘‘(7) the term ‘United States person’ has the
16
meaning given that term in section 101 of the For-
17
eign Intelligence Surveillance Act of 1978 (50
18
U.S.C. 1801).
19
‘‘(b) DESIGNATION.—
20
‘‘(1) IN
GENERAL.—The Director shall des-
21
ignate a foreign actor as a foreign intelligence threat
22
to higher education, in accordance with this sub-
23
section, if the Director finds that the foreign actor
24
has committed, attempted to commit, or conspired to
25
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•HR 1146 IH
commit, in connection with an institution, one or
1
more of the following:
2
‘‘(A) Smuggling goods from the United
3
States, in violation of section 554 of title 18.
4
‘‘(B) Espionage, in violation of sections
5
791 through 799 of title 18.
6
‘‘(C) Kidnapping, in violation of section
7
1201 of title 18.
8
‘‘(D) Fraud or misuse of visas, permits, or
9
other documents, in violation of section 1546 of
10
title 18.
11
‘‘(E) Aggravated identity theft, in violation
12
of section 1028A of title 18.
13
‘‘(F) Fraud or related activity in connec-
14
tion with access devices, in violation of section
15
1029 of title 18.
16
‘‘(G) Fraud or related activity in connec-
17
tion with computers, in violation of section
18
1030 of title 18.
19
‘‘(H) Economic espionage, in violation of
20
section 1831 of title 18.
21
‘‘(I) Theft of trade secrets, in violation of
22
section 1832 of title 18.
23
‘‘(J) Terrorism, in violation of sections
24
2331 through 2339D of title 18.
25
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•HR 1146 IH
‘‘(K) Interception or disclosure of wire,
1
oral, or electronic communications, in violation
2
of section 2511 of title 18.
3
‘‘(L) A violation of any control on the im-
4
port or export of defense articles or defense
5
services imposed under section 38 of the Arms
6
Export Control Act (22 U.S.C. 2778).
7
‘‘(M) A violation of any control on the ex-
8
port, reexport, and in-country transfer of an
9
item imposed under section 1753 of the Export
10
Control Reform Act of 2018 (50 U.S.C. 4812).
11
‘‘(N) An unlawful act described in section
12
206(a) of the International Emergency Eco-
13
nomic Powers Act (50 U.S.C. 1705(a)).
14
‘‘(2) PROCEDURE.—
15
‘‘(A) NOTICE BEFORE DESIGNATION.—
16
‘‘(i) TO CONGRESSIONAL LEADERS.—
17
Not later than 7 days before making a des-
18
ignation under paragraph (1), the Director
19
shall submit to the Speaker and minority
20
leader of the House of Representatives, the
21
President pro tempore, majority leader,
22
and minority leader of the Senate, and the
23
members of the relevant committees of
24
Congress—
25
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•HR 1146 IH
‘‘(I) written notice of the intent
1
of the Director to designate a foreign
2
actor under paragraph (1); and
3
‘‘(II) the findings made under
4
paragraph (1) with respect to foreign
5
actor and the factual basis therefor.
6
‘‘(ii) TO THE ATTORNEY GENERAL.—
7
Not later than 7 days before making a des-
8
ignation under paragraph (1), the Director
9
shall submit to the Attorney General, for
10
the Attorney General to determine whether
11
further investigation or prosecution is war-
12
ranted—
13
‘‘(I) written notice of the intent
14
of the Director to designate a foreign
15
actor under paragraph (1); and
16
‘‘(II) the findings made under
17
paragraph (1) with respect to the for-
18
eign actor and the factual basis there-
19
for.
20
‘‘(iii) PROTECTION OF CLASSIFIED IN-
21
FORMATION.—The notice and findings sub-
22
mitted under clauses (i) and (ii) may be in
23
classified form.
24
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•HR 1146 IH
‘‘(B) PUBLICATION
IN
FEDERAL
REG-
1
ISTER.—If the Director makes a designation
2
under paragraph (1), the Director shall publish
3
the designation in the Federal Register on the
4
date of the designation.
5
‘‘(C) EFFECT OF DESIGNATION.—For pur-
6
poses of section 117 of the Higher Education
7
Act of 1965 (20 U.S.C. 1011f), a designation
8
under paragraph (1) shall take effect upon pub-
9
lication under subparagraph (B) of this para-
10
graph.
11
‘‘(D) EFFECT OF DESIGNATION ON LAW-
12
FUL STATUS.—
13
‘‘(i) REVOCATION OF NONIMMIGRANT
14
VISA.—The Secretary of State shall revoke
15
the nonimmigrant visa issued to any for-
16
eign actor present in the United States im-
17
mediately after such foreign actor has been
18
designated under paragraph (1).
19
‘‘(ii) REMOVAL.—The Secretary of
20
Homeland Security shall initiate removal
21
proceedings against any foreign actor de-
22
scribed in clause (i) and expeditiously re-
23
move such foreign actor from the United
24
States.
25
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•HR 1146 IH
‘‘(iii)
INELIGIBILITY.—Any
foreign
1
actor who has been designated under para-
2
graph (1) shall be inadmissible to the
3
United States and ineligible to receive a
4
United States visa or be admitted to the
5
United States.
6
‘‘(iv) APPEAL.—If a foreign actor ap-
7
peals a designation under paragraph (1),
8
the consequences described in clauses (i)
9
through (iii) shall be stayed until such ap-
10
peal has been fully adjudicated.
11
‘‘(3) RECORD.—
12
‘‘(A) IN GENERAL.—In making a designa-
13
tion under paragraph (1), the Director shall
14
create an administrative record.
15
‘‘(B) CLASSIFIED INFORMATION.—The Di-
16
rector may consider classified information in
17
making a designation under paragraph (1).
18
Classified information shall not be subject to
19
disclosure for such time as it remains classified,
20
except that such information may be disclosed
21
to a court ex parte and in camera for purposes
22
of judicial review under subsection (d).
23
‘‘(4) PERIOD OF DESIGNATION.—
24
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•HR 1146 IH
‘‘(A) IN GENERAL.—A designation under
1
paragraph (1) shall be effective for all purposes
2
until revoked under paragraph (5) or (6) or set
3
aside under subsection (d).
4
‘‘(B) REVIEW OF DESIGNATION UPON PE-
5
TITION.—
6
‘‘(i) IN GENERAL.—The Director shall
7
review the designation of a foreign actor as
8
a foreign intelligence threat to higher edu-
9
cation under the procedures set forth in
10
clauses (iii) and (iv) if the designated for-
11
eign actor files a petition for revocation
12
within the petition period described in
13
clause (ii).
14
‘‘(ii) PETITION
PERIOD.—For pur-
15
poses of clause (i)—
16
‘‘(I) if the designated foreign
17
actor has not previously filed a peti-
18
tion for revocation under this sub-
19
paragraph, the petition period begins
20
2 years after the date on which the
21
designation was made; or
22
‘‘(II) if the designated foreign
23
actor has previously filed a petition
24
for revocation under this subpara-
25
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•HR 1146 IH
graph, the petition period begins 2
1
years after the date of the determina-
2
tion made under clause (iv) with re-
3
spect to that petition.
4
‘‘(iii)
PROCEDURES.—Any
foreign
5
actor designated as a foreign intelligence
6
threat to higher education that submits a
7
petition for revocation under this subpara-
8
graph shall provide evidence in the petition
9
that the relevant circumstances described
10
in paragraph (1) are sufficiently different
11
from the circumstances that were the basis
12
for the designation such that a revocation
13
with respect to the foreign actor is war-
14
ranted.
15
‘‘(iv) DETERMINATION.—
16
‘‘(I) IN
GENERAL.—Not later
17
than 180 days after receiving a peti-
18
tion for revocation submitted under
19
this subparagraph, the Director shall
20
make a determination as to such rev-
21
ocation.
22
‘‘(II)
CLASSIFIED
INFORMA-
23
TION.—The Director may consider
24
classified information in making a de-
25
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•HR 1146 IH
termination in response to a petition
1
for revocation. Classified information
2
shall not be subject to disclosure for
3
such time as it remains classified, ex-
4
cept that such information may be
5
disclosed to a court ex parte and in
6
camera for purposes of judicial review
7
under subsection (d).
8
‘‘(III) PUBLICATION OF DETER-
9
MINATION.—A determination made by
10
the Director under this clause shall be
11
published in the Federal Register.
12
‘‘(IV) PROCEDURES.—Any rev-
13
ocation of a designation by the Direc-
14
tor shall be made in accordance with
15
paragraph (6).
16
‘‘(C) OTHER REVIEW OF DESIGNATION.—
17
‘‘(i) IN GENERAL.—If no review has
18
taken place under subparagraph (B) dur-
19
ing any 5-year period, the Director shall
20
review the designation of a foreign actor as
21
a foreign intelligence threat to higher edu-
22
cation under paragraph (1) in order to de-
23
termine whether such designation should
24
be revoked pursuant to paragraph (6).
25
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•HR 1146 IH
‘‘(ii) PROCEDURES.—If a review does
1
not take place pursuant to subparagraph
2
(B) in response to a petition for revocation
3
that is filed in accordance with that sub-
4
paragraph, the review shall be conducted
5
pursuant to procedures established by the
6
Director. The results of such review and
7
the applicable procedures shall not be re-
8
viewable in any court.
9
‘‘(iii) PUBLICATION OF RESULTS OF
10
REVIEW.—The Director shall publish any
11
determination made under this subpara-
12
graph in the Federal Register.
13
‘‘(5) REVOCATION BY ACT OF CONGRESS.—Con-
14
gress, by an Act of Congress, may block or revoke
15
a designation made under paragraph (1).
16
‘‘(6) REVOCATION BASED ON CHANGE IN CIR-
17
CUMSTANCES.—
18
‘‘(A) IN GENERAL.—The Director may re-
19
voke
[Text truncated for display. Full text available on Congress.gov.]