[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4373 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4373

To preserve the preeminence of the United States in scientific research 
    by improving the Visas Mantis security check program through a 
reduction of processing times and improvement in efficiency under such 
                                program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2004

 Mr. Capuano introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To preserve the preeminence of the United States in scientific research 
    by improving the Visas Mantis security check program through a 
reduction of processing times and improvement in efficiency under such 
                                program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Furthering Education and Research 
through Mantis Improvements Act'' or the ``FERMI Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) One-third of the Nobel Prizes awarded to citizens of 
        the United States have been won by foreign-born individuals who 
        became naturalized citizens before or after winning the award, 
        including Enrico Fermi, who won the Nobel Prize in Physics in 
        1938, and Albert Einstein, who won the Nobel Prize in Physics 
        in 1921.
            (2) Individuals wishing to come to the United States as 
        nonimmigrants to study or work temporarily in the life 
        sciences, physical sciences, or engineering are required to 
        undergo and pass a security check known as a Visas Mantis, 
        which is designed to protect against illegal transfers of 
        sensitive technology. Many of these foreign-born individuals 
        subsequently become permanent residents and citizens of the 
        United States.
            (3) Nonimmigrant alien students earn a high percentage of 
        doctoral degrees conferred in the sciences. A National Science 
        Foundation report in 2002 noted that nonimmigrant aliens 
        account for 30 percent of doctoral degrees conferred in the 
        life sciences, 37 percent conferred in the physical sciences, 
        and 52 percent conferred in engineering.
            (4) The United States relies heavily upon nonimmigrant 
        alien post-doctoral fellows for university teaching and 
        research. Fifty-six percent of post-doctoral fellows in the 
        life sciences are nonimmigrant aliens, 67 percent in the 
        physical sciences are nonimmigrant aliens, 69 percent in 
        engineering are nonimmigrant aliens.
            (5) The Council of Graduate Schools reported in March 2004 
        that 90 percent of United States graduate schools suffered a 
        serious decline in applications from nonimmigrant aliens for 
        the academic year beginning in September 2004. Applications 
        declined across all fields, but most precipitously in the 
        fields subject to Visas Mantis security checks.

SEC. 3. IMPROVEMENTS IN THE VISAS MANTIS SECURITY CHECK PROGRAM.

    (a) Improved Guidance, Refinement of Technology Alert List, and 
Data System Interoperability.--
            (1) Improved guidance.--The Secretary of State, in 
        cooperation with the Secretary of Homeland Security, the 
        Director of the Federal Bureau of Investigation, and the 
        Director of the Office of Science and Technology Policy within 
        the Executive Office of the President, shall provide consular 
        officers with improved guidance regarding the operational 
        structure and requirements of the Visas Mantis security check 
        program, including information regarding--
                    (A) the specific conditions under which a security 
                check should be provided;
                    (B) the specific information required to be 
                submitted by the consular officer to the Department of 
                State to ensure a timely response to a request for a 
                security check; and
                    (C) a method for estimating the approximate 
                processing time for a security check associated with a 
                particular applicant.
            (2) Refinement of technology alert list.--The Secretary of 
        State, in consultation with the Director of the Office of 
        Science and Technology Policy, shall provide greater 
        specificity in the Technology Alert List used under the 
        Program.
            (3) Data system interoperability.--The Secretary of State 
        and the Director of the Federal Bureau of Investigation shall 
        make fully interoperable the data systems used under the 
        Program in order to facilitate the transmission of data between 
        the Department of State and the Federal Bureau of Investigation 
        in conducting the Program.
            (4) Progress report.--Not later than six months after the 
        date of the enactment of this Act, the Secretary of State shall 
        submit to Congress a report that describes progress made in 
        implementing this subsection.
    (b) Period and Revalidation of Security Checks; Multiple Entries 
Under Security Checks.--
            (1) Three-year validity period.--Except as provided in 
        paragraph (5), the validity period of a security check 
        (including a revalidation of a security check) shall be three 
        years.
            (2) Revalidation permitted in the united states.--Except as 
        provided in paragraph (5), a security check may be revalidated 
        in the United States on or before the date of the expiration of 
        the previous check.
            (3) Multiple entries permitted.--Except as provided in 
        paragraph (5), a nonimmigrant visa for which a security check 
        is required shall be valid for multiple entries in the same 
        manner in which multiple entries are permitted under such a 
        visa for which a security check is not required.
            (4) Portability of security check across changes in 
        nonimmigrant classification.--Except as provided in paragraph 
        (5), a security check issued with respect to an individual 
        classified within a nonimmigrant classification shall remain 
        valid with respect to a change of the individual to another 
        nonimmigrant classification so long as the security check 
        approved in connection with the first classification is in 
        substantially the same field as the field involved in the 
        subsequent classification.
            (5) Exception.--Paragraphs (1), (2), (3), and (4) shall not 
        apply with respect to an applicant for a security check insofar 
        as the Secretary of State determines that the application of 
        such paragraph with respect to such applicant is not in the 
        national security interests of the United States.
            (6) Effective dates.--
                    (A) Validity period and revalidation.--Paragraphs 
                (1) and (2), and paragraph (5) insofar as it relates to 
                such paragraphs, shall apply to security checks granted 
                or revalidated on or after such date (not later than 90 
                days after the date of the enactment of this Act) as 
                the Secretary of State shall specify.
                    (B) Multiple entries.--Paragraph (3), and paragraph 
                (5) insofar as it relates to such paragraph, shall 
                apply to visas issued on or after such date (not later 
                than 90 days after the date of the enactment of this 
                Act) as the Secretary of State shall specify.
                    (C) Changes in nonimmigrant classification.--
                Paragraph (4), and paragraph (5) insofar as it relates 
                to such paragraph, shall apply to changes in 
                nonimmigrant classification occurring on or after such 
                date (not later than 90 days after the date of the 
                enactment of this Act) as the Secretary of State shall 
                specify.
    (c) Annual Reports on the Operation of the Program.--The Secretary 
of State shall submit to Congress an annual report on the Program. Each 
annual report shall include information on--
            (1) further progress in implementing subsection (a);
            (2) the number of individuals in each nonimmigrant visa 
        classification (under section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15))) for whom a security 
        check has been provided, the number of such individuals who 
        have been approved for a visa after such a check, and the 
        distribution of such individuals by country of nationality; and
            (3) average processing time to complete security checks for 
        applicants in each such nonimmigrant visa classification for 
        each country of nationality.
    (d) Visas Mantis Security Check Program and Check Defined.--For 
purposes of this section:
            (1) The terms ``Visas Mantis security check program'' and 
        ``Program'' mean the program that implements the requirements 
        of section 212(a)(3)(A)(i)(II) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)(3)(A)(i)(II)) (relating to 
        the exclusion of nonimmigrants who may unlawfully export goods, 
        technology, or sensitive information).
            (2) The term ``security check'' means a security clearance 
        under the Program.
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