Friday, May 29, 2020

Statement from the President Regarding Veto of H.J. Res. 76

Office of the Press Secretary
Statement from the President Regarding Veto of H.J. Res. 76
 
Today, I vetoed H.J. Res. 76, which sought to overturn a rule from the Department of Education that protects students and taxpayers.  H.J. Res. 76 sought to reimpose an Obama-era regulation that defined educational fraud so broadly that it threatened to paralyze the Nation’s system of higher education.  The Department of Education’s rule strikes a better balance, protecting students’ rights to recover from schools that defraud them while foreclosing frivolous lawsuits that undermine higher education and expose taxpayers to needless loss.

Many Historically Black College and University (HBCU) leaders believe that the Obama-era rule that H.J. Res. 76 sought to reinstate would have irreparably harmed their great institutions.  As President, I have been strongly committed to fighting for HBCUs.  As I have said before, HBCUs have never had a better champion in the White House.  My disapproval of this resolution is another marker of that support.

I urge Members of Congress to sustain my veto, and to stand with HBCUs and students against the trial lawyers who want to undermine our higher education system for their own financial gain. 

PRESIDENT DONALD J. TRUMP IS PROTECTING AMERICA FROM CHINA’S EFFORTS TO STEAL TECHNOLOGY AND INTELLECTUAL PROPERTY

Office of the Press Secretary

PRESIDENT DONALD J. TRUMP IS PROTECTING AMERICA FROM CHINA’S EFFORTS TO STEAL TECHNOLOGY AND INTELLECTUAL PROPERTY

 
“Protecting the innovations, creations, and inventions that power our country are vital to our economic prosperity and national security.” – President Donald J. Trump
 
SAFEGUARDING NATIONAL SECURITY: President Donald J. Trump is dismantling China’s ability to use graduate students to steal intellectual property and technology from the United States.
  • President Trump has issued a proclamation to block certain graduate level and above Chinese nationals associated with entities in China that implement or support China’s Military-Civil Fusion (MCF) strategy, from using F or J visas to enter the United States.
  • China’s theft of American technology, intellectual property, and research threatens the safety, security, and economy of the United States.
  • Today’s actions will not affect students who come to the United States for legitimate reasons.
    • Affected students are those who have been employed by or who studied or researched with Chinese entities that support China’s MCF strategy.
PRESERVING AMERICAN SUPERIORITY: President Trump is ensuring that our Nation remains militarily and technologically dominant.
  • The United States is the leading innovator of next-generation technologies, including those with military applications.
  • China’s MCF strategy is an attempt to develop the most technologically advanced military in the world by any means necessary, including by co-option and coercion.
  • Through China’s MCF strategy, the People’s Liberation Army is using certain Chinese students and researchers to steal American technological secrets and innovations.
  • China should not be permitted to advance its military development through access to our Nation’s educational and research centers.
  • President Trump is preventing China from acquiring critical American technologies that could boost its military and threaten our national security interests, by suspending and limiting the entry into the United States of high-risk students and researchers from China.
KEEPING PERSISTENT PRESSURE ON CHINA: Today’s action is the latest example of President Trump’s commitment to preventing China from taking advantage of the United States.
  • The Department of Justice’s China Initiative and the Federal Bureau of Investigation are directing resources to identify and prosecute trade secrets theft, hacking, and economic espionage.
  • President Trump has successfully used tariffs to persuade China to sign a Phase One Trade Agreement that secured significant protections for American businesses and workers.
  • The President has taken action against China to protect American producers from unfair competition and counterfeit goods.
  • President Trump has taken action to prevent foreign malign actors from gaining access to United States information networks.
 

Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People's Republic of China

Office of the Press Secretary

SUSPENSION OF ENTRY AS NONIMMIGRANTS OF CERTAIN STUDENTS AND RESEARCHERS FROM THE PEOPLE'S REPUBLIC OF CHINA

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION
 


     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.

     Sec2.  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.

     Sec3.  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.

     Sec4.  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.

     Sec5.  Effective Date.  This proclamation is effective at 12:00 p.m. eastern daylight time on June 1, 2020.

     Sec6.  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).

     Sec7.  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.

     IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of May, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.


                             DONALD J. TRUMP

PRESIDENT DONALD J. TRUMP IS TAKING NEW ACTION TO PROTECT AMERICANS’ RIGHTS TO FREE SPEECH ON SOCIAL MEDIA

Office of the Press Secretary

PRESIDENT DONALD J. TRUMP IS TAKING NEW ACTION TO PROTECT AMERICANS’ RIGHTS TO FREE SPEECH ON SOCIAL MEDIA

“I have made clear my commitment to free and open debate on the internet.” – President Donald J. Trump

 

FIGHTING FOR FREE SPEECH: President Donald J. Trump is fighting back against the scourge of unaccountable and deceptive censorship of Americans online.

  • President Trump has issued an order to uphold free and open debate on online platforms.
  • The order calls for the start of a regulatory process to clarify the scope of Section 230 of the Communications Decency Act to ensure social media companies who purport to provide users a forum for free and open speech, but nonetheless engage in deceptive or pretextual censorship, will not be allowed to entitled to immunity for such actions.
    • Social media companies should not receive liability protections when they act as editors of content on their platform or take down lawful speech based on politics.
  • It also instructs the Federal Trade Commission to consider prohibiting social media companies from engaging in any deceptive acts or practices affecting commerce.
  • Federal agencies will review policies and procedures regarding taxpayer dollars that are going to online platforms that inappropriately restrict free speech.
  • Furthermore, the order establishes a working group to develop model legislation that States could adopt.
PROTECTING FREE PUBLIC DISCOURSE: Social media platforms now function as the modern equivalent of the public square.
  • In a country that has long valued freedom of expression, it is not acceptable for a limited number of online platforms to hand-pick speech that Americans may access and convey.
  • The idea that large, powerful social media companies have the ability to censor opinions with which they disagree is fundamentally un-American and anti-democratic.
  • Americans all throughout the Nation have reported troubling behavior by platforms to censor speech, including deleting entire accounts with no warning, no rationale, and no recourse.
  • While online platforms denigrate our national discourse by disfavoring certain viewpoints, they are simultaneously profiting from disinformation spread by foreign governments.
    • Google, Facebook, and Twitter have all profited off the Chinese Communist Party’s efforts to subjugate their people and spread misinformation around the world.
  • President Trump is committed to preserving the integrity and openness of our Nation’s discourse and upholding freedom of expression for all Americans.
SAFEGUARDING THE FIRST AMENDMENT: President Trump has already taken multiple actions to make sure Americans can engage in free expression.
  • Last year, the White House launched a Tech Bias Reporting tool to allow Americans to report incidents of online censorship – collecting 16,000 complaints in just weeks.
  • Also in 2019, President Trump held a social media summit at the White House, highlighting the valuable role that online journalists and influencers fulfill for our Nation.
  • The President has signed an Executive Order to protect the free speech rights of students on college campuses.
  • During his first year in office, the President signed an Executive Order upholding religious liberty and the right to engage in religious speech.