I 

116TH CONGRESS 

1ST SESSION H. R. 2713 

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

Chinese People’s Liberation Army, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2019 

Mr. GALLAGHER (for himself and Mrs. HARTZLER) introduced the following 

bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit the issuance of F or J visas to researchers 

affiliated with the Chinese People’s Liberation Army, 

and for other purposes. 

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 (PLA) Visa Security Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that Australia, Canada, 

8 New Zealand, and the United Kingdom should take measVerDate Sep 11 2014 06:40 May 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713

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•HR 2713 IH

1 ures similar to the measures outlined in section 3 to ad2 dress security concerns posed by researchers and scientists 

3 affiliated with, or funded by, the Chinese People’s Libera4 tion Army. 

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

6 PLA. 

7 (a) IDENTIFICATION OF PLA-SUPPORTED INSTITU8 TIONS.— 

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

10 after the date of the enactment of this Act, and an11 nually thereafter, the President shall publish a list 

12 identifying the research, engineering, and scientific 

13 institutions that the President determines are affili14 ated with, or funded by, the Chinese People’s Lib15 eration Army. 

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

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

18 may include a classified annex. 

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

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

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

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

23 (8 U.S.C. 1101(a)(15)), and the Secretary of Homeland 

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

25 or otherwise provide nonimmigrant status under such subVerDate Sep 11 2014 06:40 May 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713

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1 paragraphs, to any alien who is, or has previously been, 

2 employed, sponsored, or funded by any entity identified 

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

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

5 subsection (b) to a national of China, the Secretary of 

6 State, the Secretary of Homeland Security, a consular of7 ficer, or a U.S. Customs and Border Protection officer 

8 shall ask the alien seeking such visa if the alien is, or has 

9 previously been, employed, funded, or otherwise sponsored 

10 by the Chinese People’s Liberation Army or any of the 

11 affiliated institutions identified on the most recently pub12 lished list under subsection (a). 

13 (d) EXCEPTION TO COMPLY WITH UNITED NATIONS

14 HEADQUARTERS AGREEMENT.—Subsection (b) shall not 

15 apply to an individual if admitting the individual to the 

16 United States is necessary to permit the United States 

17 to comply with the Agreement between the United Nations 

18 and the United States of America regarding the Head19 quarters of the United Nations, signed June 26, 1947, 

20 and entered into force November 21, 1947, and other ap21 plicable international obligations. 

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

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

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

25 in writing to the appropriate congressional committees 


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

2 United States. 

3 SEC. 4. SECURITY ADVISORY OPINION REQUIREMENT. 

4 A consular officer shall request a Security Advisory 

5 Opinion (commonly known as a ‘‘Visa Mantis’’) with re6 spect to any national of the People’s Republic of China 

7 who applies for a nonimmigrant visa— 

8 (1) under section 101(a)(15)(F) of the Immi9 gration and Nationality Act (8 U.S.C. 

10 1101(a)(15)(F)) for graduate study in a field related 

11 to an item on the Commerce Control List (main12 tained pursuant to part 744 of the Export Adminis13 tration Regulations); or 

14 (2) under section 101(a)(15)(J) of the Immi15 gration and Nationality Act (8 U.S.C. 

16 1101(a)(15)(J)) to conduct research on, or to par17 ticipate in a program in a field related to, an item 

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

Æ 


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