Visa Security Act
Bill: S.417 | Sponsor: Sen. Cotton, Tom (R-AR)
Policy area: Immigration

Summary:
Visa Security Act
This bill limits the validity period of B-1 (business visitor) and B-2 (tourist) visas issued to Chinese nationals until the Department of State makes certain certifications to Congress regarding the Chinese government.
Specifically, the State Department may not issue such a visa with a validity period of more than one year unless it certifies to Congress that the Chinese government has taken certain actions, including (1) stopping its campaign of economic and industrial espionage against the United States; (2) ending its provocative and coercive behavior towards Taiwan; (3) withdrawing its national security law in Hong Kong and upholding its obligations to respect Hong Kong's autonomy; and (4) ending its systematic oppression of minority ethnic groups in China, including the Uyghurs and Tibetans. (Currently, such visas may be valid for up to 10 years.)
These restrictions shall not apply to visa applicants from Taiwan or certain applicants from Hong Kong, generally those Hong Kong residents that the State Department has no reason to believe are acting on behalf of the Chinese government.
(Taiwan is self-governing but the Chinese government considers it a part of China, while Hong Kong is a part of China but is supposed to have a largely separate legal and economic system.)

To prohibit the Secretary of State from issuing B1 and B2 visas to 
 nationals of the People's Republic of China for periods of more than 
              one year unless certain conditions are met.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Visa Security Act''.

SEC. 2. CONDITIONS ON ISSUANCE OF CERTAIN B1 AND B2 VISAS TO NATIONALS 
              OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--The Secretary of State may not issue to a national 
of the People's Republic of China a nonimmigrant visa described in 
section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(B)) that is valid for a period of more than one year unless 
the Secretary certifies to Congress that the Government of the People's 
Republic of China has--
            (1) ceased its--
                    (A) campaign of economic and industrial espionage 
                against the United States; and
                    (B) provocative and coercive behavior towards 
                Taiwan;
            (2) withdrawn its national security law with respect to 
        Hong Kong and fully upheld its commitments under the Sino-
        British Joint Declaration of 1984;
            (3) ended its systematic oppression of Uighurs, Tibetans, 
        and other ethnic groups;
            (4) retracted its unlawful claims in the South China Sea; 
        and
            (5) released foreign hostages and wrongfully detained 
        individuals in the People's Republic of China.
    (b) Rule of Construction.--Nothing in this section may be construed 
to limit the period for which a visa may be issued to an applicant from 
Taiwan or a bona fide Hong Kong applicant.
    (c) Definition of Bona Fide Hong Kong Applicant.--In this section, 
``bona fide Hong Kong applicant'' means an individual who--
            (1)(A) was a resident of the Hong Kong Special 
        Administrative Region on December 31, 2018; or
            (B)(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 section 101(a)(15)(B) of the Immigration and Nationality Act 
        (8 U.S.C. 1101(a)(15)(B)); and
            (ii) the Secretary of State certifies to Congress 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 Government of the 
        People's Republic of China;
            (2) is a citizen of the People's Republic of China; and
            (3) is not a citizen of any other country.
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