I 

117TH CONGRESS 

1ST SESSION H. R. 2787 

To secure the research enterprise of the United States from the Chinese 

Communist Party, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2021 

Mr. KUSTOFF (for himself, Mr. PERRY, Mr. TIFFANY, and Mr. CRAWFORD) 

introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committees on Science, Space, and 

Technology, Education and Labor, and 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 secure the research enterprise of the United States from 

the Chinese Communist Party, 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 ‘‘Safeguarding Edu5 cational Institutions, Colleges, Universities, and Research 

6 Entities from China’s Attempts to Misappropriate Prop7 erty of the United States Act of 2021’’ or the ‘‘SECURE 

8 CAMPUS Act of 2021’’. 


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1 SEC. 2. EXCLUSION OF CERTAIN CITIZENS OF THE PEO2 PLE’S REPUBLIC OF CHINA. 

3 (a) IN GENERAL.—The Secretary of State shall deny 

4 a nonimmigrant visa described in subparagraph (F) or (J) 

5 of section 101(a)(15) of the Immigration and Nationality 

6 Act (8 U.S.C. 1101(a)(15)) to, and the Secretary of 

7 Homeland Security may not admit to the United States 

8 pursuant to such a nonimmigrant visa, an alien who is 

9 a citizen of the People’s Republic of China if the Secretary 

10 of State determines that the alien seeks to enter the 

11 United States to participate in graduate-level or post12 graduate-level coursework or academic research in a field 

13 of science, technology, engineering, or mathematics at an 

14 institution of higher education. 

15 (b) APPLICABILITY.—Subsection (a) shall apply with 

16 respect to any application for a visa described in that sub17 section filed on or after the date of the enactment of this 

18 Act. 

19 (c) WAIVERS.— 

20 (1) HUMANITARIAN PURPOSES.—The Secretary 

21 of State may waive the application of subsection (a) 

22 with respect to a visa applicant who demonstrates 

23 that he or she is a member of a religious or ethnic 

24 group that is systematically oppressed by the Chi25 nese Communist Party. 

26 (2) NATIONAL SECURITY INTERESTS.— 


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1 (A) IN GENERAL.—The President may 

2 waive the application of subsection (a) on a 

3 case-by-case basis if such application would 

4 harm the national security of the United States. 

5 (B) REPORT.—Not later than 30 days 

6 after the date on which a waiver under this 

7 paragraph is issued, the President shall submit 

8 to Congress a report that describes the specific 

9 national security interest served by the issuance 

10 of the waiver. 

11 (d) STUDENT AND EXCHANGE VISITOR PROGRAM

12 CERTIFICATION REQUIREMENT.— 

13 Section 641(d) of the Illegal Immigration Re14 form and Immigrant Responsibility Act of 1996 (8 

15 U.S.C. 1372(d)) is amended by adding at the end 

16 the following: 

17 ‘‘(3) CERTIFICATION RELATING TO STEM

18 FIELDS.— 

19 ‘‘(A) IN GENERAL.—As part of the Stu20 dent and Exchange Visitor program approval 

21 process conducted under this section, not less 

22 frequently than annually, each participating in23 stitution of higher education shall certify that 

24 no alien who is a citizen of the People’s Repub25 lic of China enrolled in the participating instituVerDate Sep 11 2014 01:25 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2787.IH H2787

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1 tion of higher education is permitted to partici2 pate in graduate-level or post-graduate-level 

3 coursework or academic research in a field of 

4 science, technology, engineering, or mathe5 matics at the participating institution of higher 

6 education. 

7 ‘‘(B) PARTICIPATING INSTITUTION OF

8 HIGHER EDUCATION DEFINED.—In this para9 graph, the term ‘participating institution of 

10 higher education’ means an institution of higher 

11 education that has been certified to participate 

12 in the Student and Exchange Visitor Pro13 gram.’’. 

14 (e) REGULATIONS.—Not later than 90 days after the 

15 date of the enactment of this Act, the Secretary of State, 

16 in consultation with the Secretary of Homeland Security 

17 and the Secretary of Education, shall issue regulations 

18 specifying areas of study that constitute science, tech19 nology, engineering, and mathematics. 

20 (f) RULE OF CONSTRUCTION.— 

21 (1) IN GENERAL.—Nothing in this section shall 

22 be construed to require the denial of a visa applica23 tion of— 

24 (A) a citizen or permanent resident of Tai25 wan; or 


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1 (B) a bona fide Hong Kong applicant. 

2 (2) DEFINITION OF BONA FIDE HONG KONG AP3 PLICANT.—In this subsection, ‘‘bona fide Hong 

4 Kong applicant’’ means an individual who— 

5 (A)(i) was a resident of the Hong Kong 

6 Special Administrative Region on December 31, 

7 2018; or 

8 (ii)(I) has been a resident of the Hong 

9 Kong Special Administrative Region during the 

10 entire 60-day period ending on the date on 

11 which the individual applies for a visa described 

12 in subparagraph (F) or (J) of section 

13 101(a)(15) of the Immigration and Nationality 

14 Act (8 U.S.C. 1101(a)(15)); and 

15 (II) the Secretary of State certifies to Con16 gress that the United States has no reason to 

17 believe that the individual is acting on behalf of 

18 the government of the People’s Republic of 

19 China, or any entity controlled by the govern20 ment of the People’s Republic of China; 

21 (B) is a citizen of the People’s Republic of 

22 China; and 

23 (C) is not a citizen of any other country. 


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1 SEC. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. 

2 As a condition of receiving a Federal research and 

3 development grant in a field of science, technology, engi4 neering, or mathematics, a grant recipient shall certify 

5 that the recipient— 

6 (1) is not— 

7 (A) a citizen of the People’s Republic of 

8 China; or 

9 (B) a participant in a foreign talent re10 cruitment program of the People’s Republic of 

11 China listed by the Secretary of State in ac12 cordance with section 7; and 

13 (2) will not knowingly employ to carry out ac14 tivities funded by the Federal research and develop15 ment grant— 

16 (A) a citizen of the People’s Republic of 

17 China; or 

18 (B) a participant in a foreign talent re19 cruitment program of the People’s Republic of 

20 China listed by the Secretary of State in ac21 cordance with section 7. 

22 SEC. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND 

23 RESEARCH INSTITUTES. 

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, the head of each Federal agency shall ensure 

26 that any institution of higher education, laboratory, or reVerDate Sep 11 2014 01:25 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2787.IH H2787

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1 search institute receiving Federal assistance agrees, as a 

2 condition of such assistance, to not knowingly employ any 

3 individual who is a participant in a foreign talent recruit4 ment program of the People’s Republic of China. 

5 (b) PROGRAM PARTICIPATION AGREEMENTS.—Sec6 tion 487(a) of the Higher Education Act of 1965 (20 

7 U.S.C. 1094(a)) is amended by adding at the end the fol8 lowing: 

9 ‘‘(30) The institution will not knowingly employ 

10 any individual who is a participant in a foreign tal11 ent recruitment program of the People’s Republic of 

12 China listed by the Secretary of State in accordance 

13 with section 7 of the SECURE CAMPUS Act of 

14 2021.’’. 

15 SEC. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TAL16 ENT RECRUITMENT PROGRAMS OF THE PEO17 PLE’S REPUBLIC OF CHINA AS AGENTS OF 

18 THE GOVERNMENT OF THE PEOPLE’S REPUB19 LIC OF CHINA. 

20 Notwithstanding section 3 of the Foreign Agents 

21 Registration Act of 1938 (22 U.S.C. 613), any individual 

22 in the United States who is associated with a foreign tal23 ent recruitment program of the People’s Republic of 

24 China, either as a recruiter or as a recruit— 


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1 (1) shall be deemed to be an agent of a foreign 

2 principal (as defined in section 1(c) of such Act (22 

3 U.S.C. 611(c)); and 

4 (2) shall comply with the registration require5 ments set forth in section 2 of such Act (22 U.S.C. 

6 612) not later than 30 days after the later of— 

7 (A) the date of the enactment of this Act; 

8 or 

9 (B) the date on which the individual en10 tered the United States. 

11 SEC. 6. ECONOMIC ESPIONAGE. 

12 Section 1839(1) of title 18, United States Code, is 

13 amended— 

14 (1) by inserting ‘‘education, research,’’ after 

15 ‘‘commercial,’’; and 

16 (2) by inserting ‘‘or otherwise incorporated or 

17 substantially located in or composed of citizens of 

18 countries subject to compulsory political or govern19 mental representation within corporate leadership’’ 

20 after ‘‘foreign government’’. 

21 SEC. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT 

22 RECRUITMENT PROGRAMS OF THE PEOPLE’S 

23 REPUBLIC OF CHINA. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of the enactment of this Act, the Secretary of State, 


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1 in consultation with the Attorney General, the Secretary 

2 of Defense, and the Director of National Intelligence, shall 

3 compile and publish in the Federal Register a list of for4 eign talent recruitment programs of the People’s Republic 

5 of China. 

6 (b) ANNUAL REVIEW AND REVISION.—Not less fre7 quently than annually, the Secretary of State shall— 

8 (1) review and revise the list compiled under 

9 subsection (a); and 

10 (2) publish the revised list in the Federal Reg11 ister. 

12 SEC. 8. DEFINITIONS. 

13 In this Act: 

14 (1) FOREIGN TALENT RECRUITMENT PROGRAM

15 OF THE PEOPLE’S REPUBLIC OF CHINA.—The term 

16 ‘‘foreign talent recruitment program of the People’s 

17 Republic of China’’ means any effort organized, 

18 managed, funded, or otherwise controlled by the 

19 Government of the People’s Republic of China or the 

20 Chinese Communist Party to employ, contract, or 

21 otherwise compensate 1 or more individuals to con22 duct research, development, testing, or any other 

23 science or technology activity for the direct or indi24 rect benefit of the People’s Republic of China. 


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1 (2) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’ has the 

3 meaning given the term in section 101(a) of the 

4 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

Æ 


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