[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1311 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1311

To secure the research enterprise of the United States from the Chinese 
                Communist Party, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2021

Mr. Cotton (for himself, Mrs. Blackburn, and Mr. Tuberville) introduced 
the following bill; which was read twice and referred to the Committee 
                          on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To secure the research enterprise of the United States from the Chinese 
                Communist Party, and for other purposes.

    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 ``Safeguarding Educational 
Institutions, Colleges, Universities, and Research Entities from 
China's Attempts to Misappropriate Property of the United States Act of 
2021'' or the ``SECURE CAMPUS Act of 2021''.

SEC. 2. EXCLUSION OF CERTAIN CITIZENS OF THE PEOPLE'S REPUBLIC OF 
              CHINA.

    (a) In General.--The Secretary of State shall deny a nonimmigrant 
visa described in subparagraph (F) or (J) of section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) to, and the 
Secretary of Homeland Security may not admit to the United States 
pursuant to such a nonimmigrant visa, an alien who is a citizen of the 
People's Republic of China if the Secretary of State determines that 
the alien seeks to enter the United States to participate in graduate-
level or post-graduate-level coursework or academic research in a field 
of science, technology, engineering, or mathematics at an institution 
of higher education.
    (b) Applicability.--Subsection (a) shall apply with respect to any 
application for a visa described in that subsection filed on or after 
the date of the enactment of this Act.
    (c) Waivers.--
            (1) Humanitarian purposes.--The Secretary of State may 
        waive the application of subsection (a) with respect to a visa 
        applicant who demonstrates that he or she is a member of a 
        religious or ethnic group that is systematically oppressed by 
        the Chinese Communist Party.
            (2) National security interests.--
                    (A) In general.--The President may waive the 
                application of subsection (a) on a case-by-case basis 
                if such application would harm the national security of 
                the United States.
                    (B) Report.--Not later than 30 days after the date 
                on which a waiver under this paragraph is issued, the 
                President shall submit to Congress a report that 
                describes the specific national security interest 
                served by the issuance of the waiver.
    (d) Student and Exchange Visitor Program Certification 
Requirement.--
            Section 641(d) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is 
        amended by adding at the end the following:
            ``(3) Certification relating to stem fields.--
                    ``(A) In general.--As part of the Student and 
                Exchange Visitor program approval process conducted 
                under this section, not less frequently than annually, 
                each participating institution of higher education 
                shall certify that no alien who is a citizen of the 
                People's Republic of China enrolled in the 
                participating institution of higher education is 
                permitted to participate in graduate-level or post-
                graduate-level coursework or academic research in a 
                field of science, technology, engineering, or 
                mathematics at the participating institution of higher 
                education.
                    ``(B) Participating institution of higher education 
                defined.--In this paragraph, the term `participating 
                institution of higher education' means an institution 
                of higher education that has been certified to 
                participate in the Student and Exchange Visitor 
                Program.''.
    (e) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of Homeland Security and the Secretary of Education, shall 
issue regulations specifying areas of study that constitute science, 
technology, engineering, and mathematics.
    (f) Rule of Construction.--
            (1) In general.--Nothing in this section shall be construed 
        to require the denial of a visa application of--
                    (A) a citizen or permanent resident of Taiwan; or
                    (B) a bona fide Hong Kong applicant.
            (2) Definition of bona fide hong kong applicant.--In this 
        subsection, ``bona fide Hong Kong applicant'' means an 
        individual who--
                    (A)(i) was a resident of the Hong Kong Special 
                Administrative Region on December 31, 2018; or
                    (ii)(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 subparagraph (F) or (J) 
                of section 101(a)(15) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)); 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;
                    (B) is a citizen of the People's Republic of China; 
                and
                    (C) is not a citizen of any other country.

SEC. 3. CONDITIONS ON FEDERAL RESEARCH GRANTS.

    As a condition of receiving a Federal research and development 
grant in a field of science, technology, engineering, or mathematics, a 
grant recipient shall certify that the recipient--
            (1) is not--
                    (A) a citizen of the People's Republic of China; or
                    (B) a participant in a foreign talent recruitment 
                program of the People's Republic of China listed by the 
                Secretary of State in accordance with section 7; and
            (2) will not knowingly employ to carry out activities 
        funded by the Federal research and development grant--
                    (A) a citizen of the People's Republic of China; or
                    (B) a participant in a foreign talent recruitment 
                program of the People's Republic of China listed by the 
                Secretary of State in accordance with section 7.

SEC. 4. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH INSTITUTES.

    (a) In General.--Notwithstanding any other provision of law, the 
head of each Federal agency shall ensure that any institution of higher 
education, laboratory, or research institute receiving Federal 
assistance agrees, as a condition of such assistance, to not knowingly 
employ any individual who is a participant in a foreign talent 
recruitment program of the People's Republic of China.
    (b) Program Participation Agreements.--Section 487(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the 
end the following:
            ``(30) The institution will not knowingly employ any 
        individual who is a participant in a foreign talent recruitment 
        program of the People's Republic of China listed by the 
        Secretary of State in accordance with section 7 of the SECURE 
        CAMPUS Act of 2021.''.

SEC. 5. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT 
              PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF 
              THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.

    Notwithstanding section 3 of the Foreign Agents Registration Act of 
1938 (22 U.S.C. 613), any individual in the United States who is 
associated with a foreign talent recruitment program of the People's 
Republic of China, either as a recruiter or as a recruit--
            (1) shall be deemed to be an agent of a foreign principal 
        (as defined in section 1(c) of such Act (22 U.S.C. 611(c)); and
            (2) shall comply with the registration requirements set 
        forth in section 2 of such Act (22 U.S.C. 612) not later than 
        30 days after the later of--
                    (A) the date of the enactment of this Act; or
                    (B) the date on which the individual entered the 
                United States.

SEC. 6. ECONOMIC ESPIONAGE.

    Section 1839(1) of title 18, United States Code, is amended--
            (1) by inserting ``education, research,'' after 
        ``commercial,''; and
            (2) by inserting ``or otherwise incorporated or 
        substantially located in or composed of citizens of countries 
        subject to compulsory political or governmental representation 
        within corporate leadership'' after ``foreign government''.

SEC. 7. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT PROGRAMS 
              OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Attorney General, the Secretary of Defense, and the Director of 
National Intelligence, shall compile and publish in the Federal 
Register a list of foreign talent recruitment programs of the People's 
Republic of China.
    (b) Annual Review and Revision.--Not less frequently than annually, 
the Secretary of State shall--
            (1) review and revise the list compiled under subsection 
        (a); and
            (2) publish the revised list in the Federal Register.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Foreign talent recruitment program of the people's 
        republic of china.--The term ``foreign talent recruitment 
        program of the People's Republic of China'' means any effort 
        organized, managed, funded, or otherwise controlled by the 
        Government of the People's Republic of China or the Chinese 
        Communist Party to employ, contract, or otherwise compensate 1 
        or more individuals to conduct research, development, testing, 
        or any other science or technology activity for the direct or 
        indirect benefit of the People's Republic of China.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
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