From the White House:

The People’s Republic of China (PRC) is engaged in a wide‑ranging and heavily resourced campaign to acquire sensitive United States technologies and intellectual property, in part to bolster the modernization and capability of its military, the People’s Liberation Army (PLA).  The PRC’s acquisition of sensitive United States technologies and intellectual property to modernize its military is a threat to our Nation’s long-term economic vitality and the safety and security of the American people.

The PRC authorities use some Chinese students, mostly post‑graduate students and post-doctorate researchers, to operate as non-traditional collectors of intellectual property.  Thus, students or researchers from the PRC studying or researching beyond the undergraduate level who are or have been associated with the PLA are at high risk of being exploited or co-opted by the PRC authorities and provide particular cause for concern.  In light of the above, I have determined that the entry of certain nationals of the PRC seeking to enter the United States pursuant to an F or J visa to study or conduct research in the United States would be detrimental to the interests of the United States.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States as nonimmigrants of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:

Section 1.  Suspension and Limitation on Entry.  The entry into the United States as a nonimmigrant of any national of the PRC seeking to enter the United States pursuant to an F or J visa to study or conduct research in the United States, except for a student seeking to pursue undergraduate study, and who either receives funding from or who currently is employed by, studies at, or conducts research at or on behalf of, or has been employed by, studied at, or conducted research at or on behalf of, an entity in the PRC that implements or supports the PRC’s “military-civil fusion strategy” is hereby suspended and limited subject to section 2 of this proclamation.  For the purposes of this proclamation, the term “military-civil fusion strategy” means actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities.

Sec. 2.  Scope of Suspension and Limitation on Entry.
(a)  Section 1 of this proclamation shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any alien who is the spouse of a United States citizen or lawful permanent resident;

(iii)  any alien who is a member of the United States Armed Forces and any alien who is a spouse or child of a member of the United States Armed Forces;

(iv)   any alien whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement or who would otherwise be allowed entry into the United States pursuant to United States obligations under applicable international agreements;

(v)    any alien who is studying or conducting research in a field involving information that would not contribute to the PRC’s military‑civil fusion strategy, as determined by the Secretary of State and the Secretary of Homeland Security, in consultation with the appropriate executive departments and agencies (agencies);

(vi)   any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or

(vii)  any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

(b)  Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.

Sec. 3.  Implementation and Enforcement.  (a)  Persons covered by sections 1 or 2 of this proclamation shall be identified by the Secretary of State or the Secretary of State’s designee, in his or her sole discretion, pursuant to such standards and procedures as the Secretary of State may establish.  For purposes of subsections 2(a)(v), 2(a)(vi), and 2(a)(vii) of this proclamation, the Secretary of State shall provide for identifications of aliens based on the further determinations and recommendations provided for in those subsections by the Attorney General and the Secretary of Homeland Security.

(b)  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish in the Secretary of State’s discretion.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.

(c)  An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.

Sec. 4.  Termination.  This proclamation shall remain in effect until terminated by the President.  The Secretary of State, in consultation with the Secretary of Homeland Security, may at any time recommend that the President continue, modify, or terminate this proclamation.

Sec. 5.  Effective Date.  This proclamation is effective at 12:00 p.m. eastern daylight time on June 1, 2020.

Sec. 6.  Additional Measures.  (a)  The Secretary of State shall consider, in the Secretary’s discretion, whether nationals of the PRC currently in the United States pursuant to F or J visas and who otherwise meet the criteria described in section 1 of this proclamation should have their visas revoked pursuant to section 221(i) of the INA, 8 U.S.C. 1201(i).

(b)  Within 60 days of the effective date of this proclamation, the Secretary of State and the Secretary of Homeland Security, in consultation with the heads of appropriate agencies, shall review nonimmigrant and immigrant programs and shall recommend to the President, through the Assistant to the President for National Security Affairs, any other measures requiring Presidential action that would mitigate the risk posed by the PRC’s acquisition of sensitive United States technologies and intellectual property.

(c)  The Secretary of State and the Secretary of Homeland Security shall, within the scope of their respective authorities and in coordination with the heads of appropriate agencies, take action to further mitigate the risk posed by the PRC’s acquisition of sensitive United States technologies and intellectual property.  The Secretary of State and the Secretary of Homeland Security shall report to the President, within 60 days of the effective date of this proclamation, through the Assistant to the President for National Security Affairs, any such planned and executed actions.

(d)  The Secretary of State and the Secretary of Homeland Security shall consider issuing updated regulations and guidance, as appropriate, implementing the inadmissibility provisions in section 212(a)(3)(D) of the INA, 8 U.S.C. 1182(a)(3)(D).

Sec. 7.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

From DOD, U.S. Senate:

“China’s defense spending approaches that of the U.S., when we take into account purchasing power and the portion of our budget going to military pay and benefits,” Acting Secretary Patrick Shanahan told senators. “That, coupled with China’s organized approach to steal foreign technology, has allowed China to modernize its missile, space, and cyber capabilities, as well as project power far beyond its borders.”

Cotton, Blackburn, Kustoff Unveil Bill to Restrict Chinese STEM Graduate Student Visas & Thousand Talents Participants

May 27, 2020

Washington, D.C. – Senator Tom Cotton (R-Arkansas) and Senator Marsha Blackburn (R-Tennessee) today unveiled the SECURE CAMPUS Act, legislation that would prohibit Chinese nationals from receiving visas to the United States for graduate or post-graduate studies in STEM fields. The bill would also place restrictions on participants in Chinese foreign talent-recruitment programs, such as the Thousand Talents Program. Congressman David Kustoff (R-Tennessee) will introduce companion legislation in the House of Representatives.

“The Chinese Communist Party has long used American universities to conduct espionage on the United States. What’s worse is that their efforts exploit gaps in current law. It’s time for that to end. The SECURE CAMPUS Act will protect our national security and maintain the integrity of the American research enterprise,” said Senator Cotton.

“Beijing exploits student and research visas to steal science, technology, engineering and manufacturing secrets from U.S. academic and research institutions. We’ve fed China’s innovation drought with American ingenuity and taxpayer dollars for too long; it’s time to secure the U.S. research enterprise against the CCP’s economic espionage,” said Senator Blackburn.

“Student visas should be only for those who want to contribute to our research institutions and advance our national interests. Unfortunately, China’s Communist Party has been exploiting our universities to spy and steal our technology for far too long. This bill will put an end to this abuse. I am proud to introduce this legislation with my friends Senator Cotton and Senator Blackburn that will help safeguard our nation’s national security,” said Congressman Kustoff. 

Background: 

Earlier this month, University of Arkansas Professor Simon Saw-Teong Ang was arrested on charges of wire fraud for failing to disclose his ties to the Chinese government and Chinese companies.

The SECURE CAMPUS Act

• Bars PRC nationals from receiving student or research visas to the United States for graduate or post-graduate studies in STEM fields.

1. The legislation provides a waiver for members of religious or ethnic groups systematically oppressed by the CCP.
2. The legislation also provides the President with a national security waiver on a case-by-case basis.
3. This prohibition does not apply to visa applicants from Taiwan or Hong Kong.

• Prohibits PRC nationals and participants in China’s foreign talent recruitment programs from receiving or working on federal R&D grants in STEM fields.
• Requires universities, laboratories, and research institutes receiving federal funding to attest that they will not knowingly employ participants in China’s foreign talent recruitment programs.
• Mandates that participants in China’s foreign talent recruitment programs register under FARA.
• Expands the definition of “economic espionage” under U.S. Code to more accurately reflect the range of institutions that the CCP uses to steal technology from t the United States.
• Mandates that the Secretary of State develop and publish a list of China’s foreign talent recruitment programs.

Objections followed, Including that from American Society for Biochemistry and Molecular Biology:

ASBMB Statement on SECURE CAMPUS Act
The following is a statement from Benjamin Corb, public affairs director for the American Society for Biochemistry and Molecular Biology:
“The American Society for Biochemistry and Molecular Biology opposes the SECURE CAMPUS Act introduced on Wednesday by U.S. Sen. Tom Cotton, R-Ark., U.S. Sen. Marsha Blackburn, R-Tenn., and U.S. Rep. David Kustoff, R-Tenn., that would bar the People’s Republic of China nationals from receiving student or research visas to the United States for graduate or post-graduate studies in the science, technology, engineering, and mathematics fields. (The bill excludes visa applicants from Taiwan and Hong Kong.)
The U.S. depends greatly on talented and skilled graduate students and postdoctoral researchers from all parts of the world, including China. This legislation, if passed, would erode the collaborative nature of scientific research that yields new discoveries and medicines at a time when we need them the most.
Scientific research must remain clear of politicization, especially regarding international collaboration. International collaboration is vital to maintain the American research enterprise and the SECURE CAMPUS Act would only divide countries instead of bringing them together.
The ASBMB is an international organization and many of its members hail from other nations. Closing the borders to certain scientists is bad for science and for America. The ASBMB opposes this legislation and urges members of Congress to take a stand against it.”