To prohibit the issuance of F or J visas to researchers affiliated with the Chinese People's Liberation Army.
Bill: H.R.4361 | Sponsor: Rep. Gallagher, Mike (R-WI)
Policy area: Immigration

Summary:
This bill bars individuals affiliated with the Chinese military from entering the United States on visas for students (F visa) or work-and-study exchange (J visa).
The President shall publish a list identifying research, engineering, and scientific institutions affiliated with or funded by China's People's Liberation Army. Aliens who are or were previously employed, sponsored, or funded by any institution on the list shall be subject to the bar.
When a Chinese national applies for an F or J visa for an academic field related to an item on the Commerce Control List (a list of items subject to export controls), the consular officer handling the application shall request a special background check on the applicant.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. VISA BAN ON RESEARCHERS AFFILIATED WITH THE PLA.

    (a) Identification of PLA-Supported Institutions.--Not later than 
180 days after the date of the enactment of this Act, and annually 
thereafter, the President shall publish a list identifying the 
research, engineering, and scientific institutions that the President 
determines are affiliated with, or funded by, the Chinese People's 
Liberation Army.
    (b) Form of Submission.--The list submitted under subsection (a) 
shall be unclassified and publicly accessible, 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 subparagraphs, to any 
alien who is employed, sponsored, or funded by any entity identified on 
the most recently published 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 officer, or a U.S. Customs and Border 
Protection officer shall ask the alien seeking such visa if the alien 
is employed, funded, or otherwise sponsored by the Chinese People's 
Liberation Army or any of the affiliated institutions identified on the 
most recently published list under subsection (a).
    (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 Headquarters of 
the United Nations, signed June 26, 1947, and entered into force 
November 21, 1947, and other applicable 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 respect 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 Immigration 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 
        (maintained pursuant to part 744 of the Export Administration 
        Regulations); or
            (2) under section 101(a)(15)(J) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(J)) to conduct research 
        on, or to participate 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 measures similar to the measures 
outlined in section 1 to address security concerns posed by researchers 
and scientists affiliated with, or funded by, the Chinese People's 
Liberation Army.
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