[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2787 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2787
To secure the research enterprise of the United States from the Chinese
Communist Party, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2021
Mr. Kustoff (for himself, Mr. Perry, Mr. Tiffany, and Mr. Crawford)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Science, Space, and
Technology, Education and Labor, and Foreign Affairs, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
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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