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 consider-
ation 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safeguarding Edu-
cational Institutions, Colleges, Universities, and Research 
Entities from China’s Attempts to Misappropriate Prop-
erty of the United States Act of 2021’’ or the ‘‘SECURE 
CAMPUS Act of 2021’’. 
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SEC. 2. EXCLUSION OF CERTAIN CITIZENS OF THE PEO-
PLE’S REPUBLIC OF CHINA. 
(a) IN GENERAL.—The Secretary of State shall deny 
a nonimmigrant visa described in subparagraph (F) or (J) 
of section 101(a)(15) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)) to, and the Secretary of 
Homeland Security may not admit to the United States 
pursuant to such a nonimmigrant visa, an alien who is 
a citizen of the People’s Republic of China if the Secretary 
of State determines that the alien seeks to enter the 
United States to participate in graduate-level or post- 
graduate-level coursework or academic research in a field 
of science, technology, engineering, or mathematics at an 
institution of higher education. 
(b) APPLICABILITY.—Subsection (a) shall apply with 
respect to any application for a visa described in that sub-
section filed on or after the date of the enactment of this 
Act. 
(c) WAIVERS.— 
(1) HUMANITARIAN PURPOSES.—The Secretary 
of State may waive the application of subsection (a) 
with respect to a visa applicant who demonstrates 
that he or she is a member of a religious or ethnic 
group that is systematically oppressed by the Chi-
nese Communist Party. 
(2) NATIONAL SECURITY INTERESTS.— 
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(A) IN
GENERAL.—The President may 
waive the application of subsection (a) on a 
case-by-case basis if such application would 
harm the national security of the United States. 
(B) REPORT.—Not later than 30 days 
after the date on which a waiver under this 
paragraph is issued, the President shall submit 
to Congress a report that describes the specific 
national security interest served by the issuance 
of the waiver. 
(d) STUDENT AND EXCHANGE VISITOR PROGRAM 
CERTIFICATION REQUIREMENT.— 
Section 641(d) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372(d)) is amended by adding at the end 
the following: 
‘‘(3) 
CERTIFICATION
RELATING
TO
STEM 
FIELDS.— 
‘‘(A) IN GENERAL.—As part of the Stu-
dent and Exchange Visitor program approval 
process conducted under this section, not less 
frequently than annually, each participating in-
stitution of higher education shall certify that 
no alien who is a citizen of the People’s Repub-
lic of China enrolled in the participating institu-
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tion of higher education is permitted to partici-
pate in graduate-level or post-graduate-level 
coursework or academic research in a field of 
science, technology, engineering, or mathe-
matics at the participating institution of higher 
education. 
‘‘(B) 
PARTICIPATING
INSTITUTION
OF 
HIGHER EDUCATION DEFINED.—In this para-
graph, the term ‘participating institution of 
higher education’ means an institution of higher 
education that has been certified to participate 
in the Student and Exchange Visitor Pro-
gram.’’. 
(e) REGULATIONS.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State, 
in consultation with the Secretary of Homeland Security 
and the Secretary of Education, shall issue regulations 
specifying areas of study that constitute science, tech-
nology, engineering, and mathematics. 
(f) RULE OF CONSTRUCTION.— 
(1) IN GENERAL.—Nothing in this section shall 
be construed to require the denial of a visa applica-
tion of— 
(A) a citizen or permanent resident of Tai-
wan; or 
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(B) a bona fide Hong Kong applicant. 
(2) DEFINITION OF BONA FIDE HONG KONG AP-
PLICANT.—In this subsection, ‘‘bona fide Hong 
Kong applicant’’ means an individual who— 
(A)(i) was a resident of the Hong Kong 
Special Administrative Region on December 31, 
2018; or 
(ii)(I) has been a resident of the Hong 
Kong Special Administrative Region during the 
entire 60-day period ending on the date on 
which the individual applies for a visa described 
in 
subparagraph 
(F) 
or 
(J) 
of 
section 
101(a)(15) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)); and 
(II) the Secretary of State certifies to Con-
gress that the United States has no reason to 
believe that the individual is acting on behalf of 
the government of the People’s Republic of 
China, or any entity controlled by the govern-
ment of the People’s Republic of China; 
(B) is a citizen of the People’s Republic of 
China; and 
(C) is not a citizen of any other country. 
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SEC. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS. 
As a condition of receiving a Federal research and 
development grant in a field of science, technology, engi-
neering, or mathematics, a grant recipient shall certify 
that the recipient— 
(1) is not— 
(A) a citizen of the People’s Republic of 
China; or 
(B) a participant in a foreign talent re-
cruitment program of the People’s Republic of 
China listed by the Secretary of State in ac-
cordance with section 7; and 
(2) will not knowingly employ to carry out ac-
tivities funded by the Federal research and develop-
ment grant— 
(A) a citizen of the People’s Republic of 
China; or 
(B) a participant in a foreign talent re-
cruitment program of the People’s Republic of 
China listed by the Secretary of State in ac-
cordance with section 7. 
SEC. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND 
RESEARCH INSTITUTES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the head of each Federal agency shall ensure 
that any institution of higher education, laboratory, or re-
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search institute receiving Federal assistance agrees, as a 
condition of such assistance, to not knowingly employ any 
individual who is a participant in a foreign talent recruit-
ment program of the People’s Republic of China. 
(b) PROGRAM PARTICIPATION AGREEMENTS.—Sec-
tion 487(a) of the Higher Education Act of 1965 (20 
U.S.C. 1094(a)) is amended by adding at the end the fol-
lowing: 
‘‘(30) The institution will not knowingly employ 
any individual who is a participant in a foreign tal-
ent recruitment program of the People’s Republic of 
China listed by the Secretary of State in accordance 
with section 7 of the SECURE CAMPUS Act of 
2021.’’. 
SEC. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TAL-
ENT RECRUITMENT PROGRAMS OF THE PEO-
PLE’S REPUBLIC OF CHINA AS AGENTS OF 
THE GOVERNMENT OF THE PEOPLE’S REPUB-
LIC OF CHINA. 
Notwithstanding section 3 of the Foreign Agents 
Registration Act of 1938 (22 U.S.C. 613), any individual 
in the United States who is associated with a foreign tal-
ent recruitment program of the People’s Republic of 
China, either as a recruiter or as a recruit— 
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(1) shall be deemed to be an agent of a foreign 
principal (as defined in section 1(c) of such Act (22 
U.S.C. 611(c)); and 
(2) shall comply with the registration require-
ments set forth in section 2 of such Act (22 U.S.C. 
612) not later than 30 days after the later of— 
(A) the date of the enactment of this Act; 
or 
(B) the date on which the individual en-
tered the United States. 
SEC. 6. ECONOMIC ESPIONAGE. 
Section 1839(1) of title 18, United States Code, is 
amended— 
(1) by inserting ‘‘education, research,’’ after 
‘‘commercial,’’; and 
(2) by inserting ‘‘or otherwise incorporated or 
substantially located in or composed of citizens of 
countries subject to compulsory political or govern-
mental representation within corporate leadership’’ 
after ‘‘foreign government’’. 
SEC. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT 
RECRUITMENT PROGRAMS OF THE PEOPLE’S 
REPUBLIC OF CHINA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State, 
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in consultation with the Attorney General, the Secretary 
of Defense, and the Director of National Intelligence, shall 
compile and publish in the Federal Register a list of for-
eign talent recruitment programs of the People’s Republic 
of China. 
(b) ANNUAL REVIEW AND REVISION.—Not less fre-
quently than annually, the Secretary of State shall— 
(1) review and revise the list compiled under 
subsection (a); and 
(2) publish the revised list in the Federal Reg-
ister. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) FOREIGN TALENT RECRUITMENT PROGRAM 
OF THE PEOPLE’S REPUBLIC OF CHINA.—The term 
‘‘foreign talent recruitment program of the People’s 
Republic of China’’ means any effort organized, 
managed, funded, or otherwise controlled by the 
Government of the People’s Republic of China or the 
Chinese Communist Party to employ, contract, or 
otherwise compensate 1 or more individuals to con-
duct research, development, testing, or any other 
science or technology activity for the direct or indi-
rect benefit of the People’s Republic of China. 
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(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
Æ 
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