[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Page S3137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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).
                                 ______