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Code · BILL · 116th Congress · S. 3920 (Introduced in Senate) — To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes. · Sec. 2

Sec. 2. Exclusion of certain citizens of the People's Republic of China

305 words·~1 min read·/bill/116/s/3920/is/section-2·

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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. 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. 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. 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. 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. 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. Nothing in this section shall be construed to require the denial of a visa application of a citizen or permanent resident of Taiwan or Hong Kong.
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Sec. 2
Exclusion of certain citizens of the People's Republic of China
U.S.C.§ 1101
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