People's Liberation Army Visa Security Act
Bill: S.2078 | Sponsor: Sen. Cotton, Tom (R-AR)
Policy area: Immigration

Summary:
People's Liberation Army Visa Security Act
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. SHORT TITLE.

    This Act may be cited as the ``People's Liberation Army Visa 
Security Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Secretary of State should revoke the existing F or 
        J visas of any individuals who are employed, funded, or 
        otherwise sponsored by the Chinese People's Liberation Army; 
        and
            (2) Australia, Canada, New Zealand, and the United Kingdom 
        should take measures similar to the measures outlined in 
        section 3 to address security concerns posed by researchers and 
        scientists affiliated with, or funded by, the Chinese People's 
        Liberation Army.

SEC. 3. VISA BAN ON RESEARCHERS AFFILIATED WITH THE PEOPLE'S LIBERATION 
              ARMY.

    (a) Identification of PLA-Supported Institutions.--
            (1) In general.--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.
            (2) Form.--The list published under paragraph (1) shall be 
        unclassified and publicly accessible, but may include a 
        classified annex.
    (b) Exclusion From United States.--Except as provided in 
subsections (d) and (e), 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, or has previously been, employed, sponsored, or funded by 
any entity identified on the most recently published list under 
subsection (a).
    (c) Inquiry.--Before issuing a visa referred to in subsection (b) 
to a national of the People's Republic 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, or has previously been, 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).
    (d) Exception To Comply With United Nations Headquarters 
Agreement.--Subsection (b) 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.
    (e) National Security Waiver.--The President, or a designee of the 
President, may waive the application of subsection (b) 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. 4. 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).
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