S.Amdt. 1617

SA 1617. Mr. COTTON submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to
establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place in division C, insert the
following:

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

(a) 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
subsection (b) to address security concerns posed by
researchers and scientists affiliated with, or funded by, the
Chinese People's Liberation Army.
(b) Visa Ban.--
(1) Identification of pla-supported institutions.--
(A) In general.--Not later than 180 days after the date of
the enactment of this division, 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.--The list published under subparagraph (A) shall
be unclassified and publicly accessible, but may include a
classified annex.
(2) Exclusion from united states.--Except as provided in
paragraphs (4) and (5), 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
paragraph (1).
(3) Inquiry.--Before issuing a visa referred to in
paragraph (2) 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 paragraph (1).
(4) Exception to comply with united nations headquarters
agreement.--Paragraph (2) 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.
(5) National security waiver.--The President, or a designee
of the President, may waive the application of paragraph (2)
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.
(c) 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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