Sec. 6. Restricting the acquisition of emerging technologies by certain aliens
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Not later than 3 months after the date of the enactment of this Act, and semiannually thereafter, the Secretary of State, in consultation with the Director of National Intelligence, and the heads of other relevant Federal agencies, shall submit a classified report to the congressional committees listed in subsection (d)(1) that identifies any alien that— is employed by or collaborates with— a foreign military and security related organization that is adversarial to the United States; a foreign institution that is involved in the theft of United States research; any entity involved in export control violations or the theft of intellectual property; a foreign government that seeks to undermine the integrity and security of the United States research community; or associates or collaborates with any entity that poses a national security threat based on intelligence assessments.
The Secretary of State, in coordination with other relevant Federal departments and agencies, shall identify persons identified pursuant to subsection
(a)who are seeking 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 identified pursuant to subsection
(a)is seeking 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, the Secretary of State shall— consider 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; and consider the continual expert assessments of evolving sensitive or emerging technologies that foreign adversaries are targeting. Except as provided in subsection (f), any alien identified pursuant to subsection (b)(1) is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). Except as provided in subsection (f), any alien identified pursuant to subsection (b)(1) is subject to revocation of any visa or other entry documentation, regardless of when the visa or other entry documentation is or was issued. A revocation authorized under subparagraph (A)— shall take effect immediately; and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. Information about the denial or revocation of a visa or other documentation under this paragraph shall be made available to the public. Not later than 180 days after the date of the enactment of this Act, and annually thereafter, 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 relevant 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 Accountability 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
(c)may apply; and the number of individuals identified pursuant to subsection (b)(1), including the nationality of each such individual and the reasons for each such identification. Each report required under paragraph
(1)shall be submitted, to the extent practicable, in an unclassified form, but may be accompanied by a classified annex. Not later than 60 days after receiving a request from the chairman and ranking member of a congressional committee listed in subsection (d)(1) with respect to whether an alien is seeking 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, the President shall— determine if such alien meets such criteria; and submit a classified or unclassified report to such chairman and ranking member with respect to such determination that includes a statement of whether or not the President imposed or intends to impose sanctions with respect to such alien. The President, on a case-by-case basis and for a period of not more than 180 days, may waive a requirement under subsection
(c)to impose or maintain sanctions with respect to an alien if the President— determines that such waiver is in the national security interest of the United States; and not less than 30 days before such waiver takes effect, submits a report to the congressional committees listed in subsection (d)(1) that describes and justifies such waiver. The President may, on a case-by-case basis, renew a waiver under paragraph
(1)for additional periods of not more than 180 days if the President— determines that the renewal of the waiver is in the national security interest of the United States; and not less than 15 days before the waiver expires, submits a report to the congressional committees listed in subsection (d)(1) that describes and justifies such renewal.
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Sec. 6
Restricting the acquisition of emerging technologies by certain aliens
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