People’s Liberation Army (PLA) Visa Security Act

I 116TH CONGRESS 1ST SESSION H. R. 2713 To prohibit the issuance of F or J visas to researchers affiliated with the Chinese People’s Liberation Army, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 14, 2019 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, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘People’s Liberation 4 Army (PLA) Visa Security Act’’. 5 SEC. 2. SENSE OF CONGRESS. 6 It is the sense of Congress that Australia, Canada, 7 New Zealand, and the United Kingdom should take meas- 8 VerDate Sep 11 2014 06:40 May 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 kjohnson on DSK79L0C42 with BILLS 2 •HR 2713 IH ures similar to the measures outlined in section 3 to ad- 1 dress security concerns posed by researchers and scientists 2 affiliated with, or funded by, the Chinese People’s Libera- 3 tion Army. 4 SEC. 3. VISA BAN ON RESEARCHERS AFFILIATED WITH THE 5 PLA. 6 (a) IDENTIFICATION OF PLA-SUPPORTED INSTITU- 7 TIONS.— 8 (1) IN GENERAL.—Not later than 180 days 9 after the date of the enactment of this Act, and an- 10 nually thereafter, the President shall publish a list 11 identifying the research, engineering, and scientific 12 institutions that the President determines are affili- 13 ated with, or funded by, the Chinese People’s Lib- 14 eration Army. 15 (2) FORM.—The list published under paragraph 16 (1) shall be unclassified and publicly accessible, but 17 may include a classified annex. 18 (b) EXCLUSION FROM UNITED STATES.—Except as 19 provided in subsections (d) and (e), the Secretary of State 20 may not issue a visa under subparagraph (F) or (J) of 21 section 101(a)(15) of the Immigration and Nationality Act 22 (8 U.S.C. 1101(a)(15)), and the Secretary of Homeland 23 Security may not admit, parole into the United States, 24 or otherwise provide nonimmigrant status under such sub- 25 VerDate Sep 11 2014 06:40 May 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 kjohnson on DSK79L0C42 with BILLS 3 •HR 2713 IH paragraphs, to any alien who is, or has previously been, 1 employed, sponsored, or funded by any entity identified 2 on the most recently published list under subsection (a). 3 (c) INQUIRY.—Before issuing a visa referred to in 4 subsection (b) to a national of China, the Secretary of 5 State, the Secretary of Homeland Security, a consular of- 6 ficer, or a U.S. Customs and Border Protection officer 7 shall ask the alien seeking such visa if the alien is, or has 8 previously been, employed, funded, or otherwise sponsored 9 by the Chinese People’s Liberation Army or any of the 10 affiliated institutions identified on the most recently pub- 11 lished list under subsection (a). 12 (d) EXCEPTION TO COMPLY WITH UNITED NATIONS 13 HEADQUARTERS AGREEMENT.—Subsection (b) shall not 14 apply to an individual if admitting the individual to the 15 United States is necessary to permit the United States 16 to comply with the Agreement between the United Nations 17 and the United States of America regarding the Head- 18 quarters of the United Nations, signed June 26, 1947, 19 and entered into force November 21, 1947, and other ap- 20 plicable international obligations. 21 (e) NATIONAL SECURITY WAIVER.—The President, 22 or a designee of the President, may waive the application 23 of subsection (b) if the President or such designee certifies 24 in writing to the appropriate congressional committees 25 VerDate Sep 11 2014 06:40 May 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713 kjohnson on DSK79L0C42 with BILLS 4 •HR 2713 IH that such waiver is in the national security interest of the 1 United States. 2 SEC. 4. SECURITY ADVISORY OPINION REQUIREMENT. 3 A consular officer shall request a Security Advisory 4 Opinion (commonly known as a ‘‘Visa Mantis’’) with re- 5 spect to any national of the People’s Republic of China 6 who applies for a nonimmigrant visa— 7 (1) under section 101(a)(15)(F) of the Immi- 8 gration and Nationality Act (8 U.S.C. 9 1101(a)(15)(F)) for graduate study in a field related 10 to an item on the Commerce Control List (main- 11 tained pursuant to part 744 of the Export Adminis- 12 tration Regulations); or 13 (2) under section 101(a)(15)(J) of the Immi- 14 gration and Nationality Act (8 U.S.C. 15 1101(a)(15)(J)) to conduct research on, or to par- 16 ticipate in a program in a field related to, an item 17 on the list referred to in paragraph (1). 18 Æ VerDate Sep 11 2014 06:40 May 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2713.IH H2713 kjohnson on DSK79L0C42 with BILLS