II 

117TH CONGRESS 

1ST SESSION S. 2078 

To prohibit the issuance of F or J visas to researchers affiliated with the 

Chinese People’s Liberation Army. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2021 

Mr. COTTON (for himself, Mr. CRUZ, Mr. RUBIO, Mr. TUBERVILLE, Mr. 

HAWLEY, Mr. GRASSLEY, and Mr. BRAUN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To prohibit the issuance of F or J visas to researchers 

affiliated with the Chinese People’s Liberation Army. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘People’s Liberation 

5 Army Visa Security Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) the Secretary of State should revoke the ex9 isting F or J visas of any individuals who are emVerDate Sep 11 2014 05:14 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2078.IS S2078

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1 ployed, funded, or otherwise sponsored by the Chi2 nese People’s Liberation Army; and 

3 (2) Australia, Canada, New Zealand, and the 

4 United Kingdom should take measures similar to the 

5 measures outlined in section 3 to address security 

6 concerns posed by researchers and scientists affili7 ated with, or funded by, the Chinese People’s Lib8 eration Army. 

9 SEC. 3. VISA BAN ON RESEARCHERS AFFILIATED WITH THE 

10 PEOPLE’S LIBERATION ARMY. 

11 (a) IDENTIFICATION OF PLA-SUPPORTED INSTITU12 TIONS.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of the enactment of this Act, and an15 nually thereafter, the President shall publish a list 

16 identifying the research, engineering, and scientific 

17 institutions that the President determines are affili18 ated with, or funded by, the Chinese People’s Lib19 eration Army. 

20 (2) FORM.—The list published under paragraph 

21 (1) shall be unclassified and publicly accessible, but 

22 may include a classified annex. 

23 (b) EXCLUSION FROM UNITED STATES.—Except as 

24 provided in subsections (d) and (e), the Secretary of State 

25 may not issue a visa under subparagraph (F) or (J) of 


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1 section 101(a)(15) of the Immigration and Nationality Act 

2 (8 U.S.C. 1101(a)(15)), and the Secretary of Homeland 

3 Security may not admit, parole into the United States, 

4 or otherwise provide nonimmigrant status under such sub5 paragraphs, to any alien who is, or has previously been, 

6 employed, sponsored, or funded by any entity identified 

7 on the most recently published list under subsection (a). 

8 (c) INQUIRY.—Before issuing a visa referred to in 

9 subsection (b) to a national of the People’s Republic of 

10 China, the Secretary of State, the Secretary of Homeland 

11 Security, a consular officer, or a U.S. Customs and Border 

12 Protection officer shall ask the alien seeking such visa if 

13 the alien is, or has previously been, employed, funded, or 

14 otherwise sponsored by the Chinese People’s Liberation 

15 Army or any of the affiliated institutions identified on the 

16 most recently published list under subsection (a). 

17 (d) EXCEPTION TO COMPLY WITH UNITED NATIONS

18 HEADQUARTERS AGREEMENT.—Subsection (b) shall not 

19 apply to an individual if admitting the individual to the 

20 United States is necessary to permit the United States 

21 to comply with the Agreement between the United Nations 

22 and the United States of America regarding the Head23 quarters of the United Nations, signed June 26, 1947, 

24 and entered into force November 21, 1947, and other ap25 plicable international obligations. 


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1 (e) NATIONAL SECURITY WAIVER.—The President, 

2 or a designee of the President, may waive the application 

3 of subsection (b) if the President or such designee certifies 

4 in writing to the appropriate congressional committees 

5 that such waiver is in the national security interest of the 

6 United States. 

7 SEC. 4. SECURITY ADVISORY OPINION REQUIREMENT. 

8 A consular officer shall request a Security Advisory 

9 Opinion (commonly known as a ‘‘Visa Mantis’’) with re10 spect to any national of the People’s Republic of China 

11 who applies for a nonimmigrant visa— 

12 (1) under section 101(a)(15)(F) of the Immi13 gration and Nationality Act (8 U.S.C. 

14 1101(a)(15)(F)) for graduate study in a field related 

15 to an item on the Commerce Control List (main16 tained pursuant to part 744 of the Export Adminis17 tration Regulations); or 

18 (2) under section 101(a)(15)(J) of the Immi19 gration and Nationality Act (8 U.S.C. 

20 1101(a)(15)(J)) to conduct research on, or to par21 ticipate in a program in a field related to, an item 

22 on the list referred to in paragraph (1). 

Æ 


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