Sec. 4495. Restricting the acquisition of emerging technologies by certain aliens
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The Secretary of State may determine that an alien is inadmissible if the Secretary determines such alien is seeking to enter the United States to knowingly acquire sensitive or emerging technologies to undermine national security interests of the United States by benefitting an adversarial foreign government’s security or strategic capabilities. To determine if an alien is inadmissible under subsection (a), the Secretary of State shall— take account of information and analyses relevant to implementing subsection
(a)from the Office of the Director of National Intelligence, the Department of Health and Human Services, the Department of Defense, the Department of Homeland Security, the Department of Energy, the Department of Commerce, and other appropriate Federal agencies; take account of the continual expert assessments of evolving sensitive or emerging technologies that foreign adversaries are targeting; take account of relevant information concerning the foreign person’s employment or collaboration, to the extent known, with— foreign military and security related organizations that are adversarial to the United States; foreign institutions involved in the theft of United States research; entities involved in export control violations or the theft of intellectual property; a government that seeks to undermine the integrity and security of the United States research community; or other associations or collaborations that pose a national security threat based on intelligence assessments; and weigh the proportionality of risks and the factors listed in paragraphs
(1)through (3). Not later than 180 days after the date of the enactment of this Act, and semi-annually thereafter until the sunset date set forth in subsection (e), the Secretary of State, in coordination with the Director of National Intelligence, the Director of the Office of Science and Technology Policy, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the heads of other appropriate Federal agencies, shall submit a report to the Committee on the Judiciary of the Senate , the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on the Judiciary of the House of Representatives , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Oversight and Reform of the House of Representatives that identifies— any criteria, if relevant used to describe the aliens to which the grounds of inadmissibility described in subsection
(a)may apply; the number of individuals determined to be inadmissible under subsection (a), including the nationality of each such individual and the reasons for each determination of inadmissibility; and the number of days from the date of the consular interview until a final decision is issued for each application for a visa considered under this section, listed by applicants’ country of citizenship and relevant consulate. Each report required under subsection
(c)shall be submitted, to the extent practicable, in an unclassified form, but may be accompanied by a classified annex. This section shall cease to be effective on the date that is 2 years after the date of the enactment of this Act.