I 
117TH CONGRESS 
1ST SESSION H. R. 4361 
To prohibit the issuance of F or J visas to researchers affiliated with the 
Chinese People’s Liberation Army. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 6, 2021 
Mr. GALLAGHER (for himself and Mrs. HARTZLER) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committee on Foreign Affairs, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. VISA BAN ON RESEARCHERS AFFILIATED WITH 
THE PLA. 
(a) IDENTIFICATION OF PLA-SUPPORTED INSTITU-
TIONS.—Not later than 180 days after the date of the en-
actment of this Act, and annually thereafter, the President 
shall publish a list identifying the research, engineering, 
and scientific institutions that the President determines 
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are affiliated with, or funded by, the Chinese People’s Lib-
eration Army. 
(b) FORM
OF SUBMISSION.—The list submitted 
under subsection (a) shall be unclassified and publicly ac-
cessible, but may include a classified annex. 
(c) EXCLUSION FROM UNITED STATES.—Except as 
provided in subsections (e) and (f), the Secretary of State 
may not issue a visa under subparagraph (F) or (J) of 
section 101(a)(15) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)), and the Secretary of Homeland 
Security may not admit, parole into the United States, 
or otherwise provide nonimmigrant status under such sub-
paragraphs, to any alien who is employed, sponsored, or 
funded by any entity identified on the most recently pub-
lished list under subsection (a). 
(d) INQUIRY.—Before issuing a visa referred to in 
subsection (c) to a national of China, the Secretary of 
State, the Secretary of Homeland Security, a consular of-
ficer, or a U.S. Customs and Border Protection officer 
shall ask the alien seeking such visa if the alien is em-
ployed, funded, or otherwise sponsored by the Chinese 
People’s Liberation Army or any of the affiliated institu-
tions identified on the most recently published list under 
subsection (a). 
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(e) EXCEPTION TO COMPLY WITH UNITED NATIONS 
HEADQUARTERS AGREEMENT.—Subsection (c) shall not 
apply to an individual if admitting the individual to the 
United States is necessary to permit the United States 
to comply with the Agreement between the United Nations 
and the United States of America regarding the Head-
quarters of the United Nations, signed June 26, 1947, 
and entered into force November 21, 1947, and other ap-
plicable international obligations. 
(f) NATIONAL SECURITY WAIVER.—The President, 
or a designee of the President, may waive the application 
of subsection (c) if the President or such designee certifies 
in writing to the appropriate congressional committees 
that such waiver is in the national security interest of the 
United States. 
SEC. 2. SECURITY ADVISORY OPINION REQUIREMENT. 
A consular officer shall request a Security Advisory 
Opinion (commonly known as a ‘‘Visa Mantis’’) with re-
spect to any national of the People’s Republic of China 
who applies for a nonimmigrant visa— 
(1) under section 101(a)(15)(F) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(F)) for graduate study in a field related 
to an item on the Commerce Control List (main-
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tained pursuant to part 744 of the Export Adminis-
tration Regulations); or 
(2) under section 101(a)(15)(J) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(J)) to conduct research on, or to par-
ticipate in a program in a field related to, an item 
on the list referred to in paragraph (1). 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that Australia, Canada, 
New Zealand, and the United Kingdom should take meas-
ures similar to the measures outlined in section 1 to ad-
dress security concerns posed by researchers and scientists 
affiliated with, or funded by, the Chinese People’s Libera-
tion Army. 
Æ 
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