[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8310 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8310

To amend the Homeland Security Act of 2002 to provide for enhanced visa 
                   security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2020

 Mr. Rogers of Alabama (for himself, Mrs. Hartzler, Mr. Reschenthaler, 
Mr. Higgins of Louisiana, and Mr. Joyce of Pennsylvania) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
  and in addition to the Committees on Homeland Security, and Foreign 
Affairs, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Homeland Security Act of 2002 to provide for enhanced visa 
                   security, and for other purposes.

    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 ``Countering China's Theft of American 
Research and Innovation Act'' or the ``CCTARI Act''.

SEC. 2. VISA SECURITY.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the interagency working group established under 
section 1746(a) of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92) shall commence a review of the current 
policies and procedures of the Department of Homeland Security and 
Department of State for the purpose of identifying, investigating, and 
preventing the illicit transfer of sensitive technologies and research 
from United States institutions of higher education and research 
institutions through more effective visa security operations and 
improved protections for such sensitive technologies.
    (b) Objectives.--
            (1) Analysis of current visa issuance and admission 
        procedures.--The interagency working group referred to in 
        subsection (a) shall--
                    (A) analyze the current visa application process, 
                and the role of the Department of Homeland Security and 
                the Department of State in such process, including the 
                screening of visa applicants against appropriate 
                criminal, intelligence, national security, terrorism, 
                and other databases and information maintained by the 
                Federal Government, and make recommendations to the 
                Secretaries of such Departments to better screen, 
                identify, and refuse entry to individuals who seek to 
                enter the United States to engage in the illicit 
                transfer of sensitive technologies from United States 
                institutions of higher educations or research 
                institutions;
                    (B) evaluate current policies for refusing visas on 
                grounds that an individual is likely to enter the 
                United States to engage in the illicit transfer of 
                sensitive technologies and recommend updates to the 
                Foreign Affairs Manual and other agency guidance to 
                clarify when and how visas can be refused on such 
                grounds; and
                    (C) analyze current screening procedures at United 
                States ports of entry and make recommendations to the 
                Secretaries of such Departments to better identify 
                individuals who seek to enter the United States to 
                engage in such illicit transfer of sensitive 
                technologies.
            (2) National security review of certain nonimmigrant 
        students.--The interagency working group shall recommend 
        procedures and standards for the Department of Homeland 
        Security, in cooperation with other appropriate Federal 
        agencies, to conduct national security reviews of aliens who--
                    (A) are present in the United States--
                            (i) in a nonimmigrant classification 
                        described in subparagraphs (F), (J), or (M) of 
                        section 101(a)(15) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(15)) and 
                        change from a program of study not related to 
                        sensitive technologies to a program of study or 
                        significant coursework, research, or laboratory 
                        access related to sensitive technologies; or
                            (ii) as a nonimmigrant and seek to change 
                        status, pursuant to section 248 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1258)), to that of a nonimmigrant described in 
                        subparagraph (F), (J), or (M) of section 
                        101(a)(15) of such Act (8 U.S.C. 1101(a)(15)), 
                        for purposes of engaging in a program of study 
                        related to sensitive technologies; and
                    (B) as a result of engaging in a program of study 
                related to sensitive technologies, will have access to 
                information related to operating, installing, 
                maintaining, repairing, overhauling, or refurbishing 
                sensitive technologies or development activities 
                related to sensitive technologies.
            (3) Identifying individuals requiring national security 
        review.--For purposes of facilitating the identification of 
        individuals described in paragraph (2)(B), the interagency 
        working group shall--
                    (A) develop a nonpublic list of six-digit 
                Classification of Instructional Programs (CIP) codes 
                for programs of study related to sensitive technologies 
                to be used in reporting required by section 641 of the 
                Immigration and Nationality Act (8 U.S.C. 1372(d)) and 
                related regulations;
                    (B) recommend to the Secretary of Homeland Security 
                changes, as appropriate, to the Student and Exchange 
                Visitor Information System, or other system designated 
                for such purpose by the Secretary of Homeland Security, 
                to ensure that individuals who seek to engage in 
                programs of study but who will not have access to 
                information related to operating, installing, 
                maintaining, repairing, overhauling, or refurbishing 
                sensitive technologies or development activities 
                related to sensitive technologies are not unnecessarily 
                subjected to national security reviews;
                    (C) recommend to the Secretary of Homeland Security 
                changes to relevant regulations to ensure that entities 
                certified by the Student and Exchange Visitor Program 
                routinely and accurately report the program of study 
                and other necessary information in the Student and 
                Exchange Visitor Information System, or other system 
                designated for such purpose by the Secretary of 
                Homeland Security, for each nonimmigrant described in 
                subparagraph (F), (J), or (M) of section 101(a)(15) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)) who is enrolled in such entity; and
                    (D) identify mechanisms for the Department of 
                Homeland Security, in cooperation with other 
                appropriate Federal agencies, to order the removal of 
                and make ineligible for future nonimmigrant 
                classification described in subparagraphs (F), (J), or 
                (M) of section 101(a)(15) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)) individuals who 
                may be identified following pursuant to national 
                security reviews conducted in accordance with paragraph 
                (2).
            (4) Identifying gaps in authority to address national 
        security threats.--Not later than one year after the date of 
        the enactment of this Act, the interagency working group shall 
        identify deficiencies in existing legal authorities determined 
        to be an impediment in achieving the recommendations described 
        in subparagraphs (B) and (C) of paragraph (3), and recommend to 
        the appropriate congressional committees legislative solutions 
        to address such deficiencies.
    (c) Composition.--In addition to the members specified in section 
1746(a)(2) of the National Defense Authorization Act for Fiscal Year 
2020 (Public Law 116-92), for purposes of carrying out the review 
required under subsection (a), the interagency working group consult 
with the following:
            (1) U.S. Customs and Border Protection, Office of Field 
        Operations.
            (2) U.S. Immigration and Customs Enforcement, Student and 
        Exchange Visitor Program.
            (3) U.S. Immigration and Customs Enforcement, 
        Counterterrorism and Criminal Exploitation Unit.
            (4) U.S. Immigration and Customs Enforcement, Visa Security 
        Program.
            (5) The Department of Homeland Security, Office of 
        Intelligence and Analysis.
            (6) The Federal Bureau of Investigation.
            (7) At least two representatives from the Department of 
        State, Bureau of Consular Affairs.
            (8) Private sector and higher education personnel, as 
        appropriate and to a degree that would not detrimentally impact 
        any ongoing law enforcement investigation or intelligence 
        operation, as determined by the Secretary of Homeland Security.
    (d) Consultation.--In carrying out the objectives described in 
subsection (b), the interagency working group shall coordinate and 
consult regularly with the National Science, Technology, and Security 
Roundtable established under section 1746(b) of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
    (e) Report.--Not later than one year after the commencement of the 
review required under subsection (a), the interagency working group 
shall submit to the appropriate congressional committees a report--
            (1) detailing the results of such review and the analyses 
        and evaluation required under subsection (b)(1); and
            (2) identifying any legislative solutions necessary to 
        improve the ability of the Department of Homeland Security, the 
        Department of State, or both, to identify, investigate, and 
        prevent the illicit transfer of sensitive technologies from 
        United States institutions of higher education and research 
        institutions as a result of programs of study related to 
        sensitive technologies undertaken by aliens described in 
        subparagraph (F), (J), or (M) of section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
    (f) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security, the Committee on the Judiciary, the 
        Committee on Armed Services, and the Committee on Foreign 
        Affairs of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs, the Committee on 
        the Judiciary, the Committee on Armed Services, and the 
        Committee on Foreign Relations of the Senate.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (3) Program of study.--The term ``program of study'' means 
        any degree program, field of study, significant coursework, 
        research, or laboratory access related to sensitive 
        technologies, or other academic activity required to be 
        reported pursuant to section 641(a) of the Omnibus Consolidated 
        Appropriations Act, 1997 (Public Law 104-208 (8 U.S.C. 
        1372(a))).
            (4) Sensitive technologies.--The term ``sensitive 
        technologies'' has the meaning given such term in paragraph (8) 
        of section 428(e) of the Homeland Security Act of 2002 (6 
        U.S.C. 236(e)), as added by section 3.

SEC. 3. VISA SECURITY.

    (a) Program Scope.--Paragraph (1) of section 428(e) of the Homeland 
Security Act of 2002 (6 U.S.C. 236(e)) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
                    ``(A) Authorization.--The Secretary''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Risk-based assignments.--
                            ``(i) In general.--Assignments under 
                        subparagraph (A) shall be made--
                                    ``(I) in a risk-based manner;
                                    ``(II) considering the criteria 
                                described in clause (ii); and
                                    ``(III) in accordance with National 
                                Security Decision Directive 38 of June 
                                2, 1982, or any superseding 
                                presidential directive concerning 
                                staffing at diplomatic and consular 
                                posts.
                            ``(ii) Criteria described.--The criteria 
                        described in this clause are the following:
                                    ``(I) The number of nationals of 
                                the subject country who were identified 
                                in United States Government databases 
                                related to the identities of known or 
                                suspected terrorists during the 
                                previous two years.
                                    ``(II) Information on the 
                                cooperation of such country with the 
                                counterterrorism efforts of the United 
                                States.
                                    ``(III) Information analyzing the 
                                presence, activity, or movement of 
                                terrorist organizations (as such term 
                                is defined in section 212(a)(3)(B)(vi) 
                                of the Immigration and Nationality Act 
                                (8 U.S.C. 1182(a)(3)(B)(vi))) within or 
                                through such country.
                                    ``(IV) The number of formal 
                                objections and denials based on 
                                derogatory information issued through 
                                the interagency Security Advisory 
                                Opinion process.
                                    ``(V) Countries identified as a 
                                strategic competitor in the `Summary of 
                                the 2018 National Defense Strategy of 
                                the United States of America: 
                                Sharpening the American Military's 
                                Competitive Edge' issued by the 
                                Department of Defense pursuant to 
                                section 113(g)(1)(A) of title 10, 
                                United States Code, or any successor 
                                document.
                                    ``(VI) The number of cases 
                                involving counterintelligence, illicit 
                                technology transfer, and 
                                counterproliferation related to the 
                                identities of nationals of such 
                                country.
                                    ``(VII) Information on the 
                                cooperation of such country with the 
                                counterintelligence, countering 
                                nontraditional collection, illicit 
                                technology transfer, and 
                                counterproliferation efforts of the 
                                United States, including information on 
                                foreign government-owned infrastructure 
                                and organizations dedicated to such 
                                matters.
                                    ``(VIII) The adequacy of the border 
                                and immigration control of such 
                                country.
                                    ``(IX) Any other criteria the 
                                Secretary determines appropriate.
                            ``(iii) Prioritization.--The Secretary 
                        shall, until December 31, 2024, prioritize the 
                        establishment of new overseas assignments made 
                        under this subsection to diplomatic and 
                        consular posts in countries that are strategic 
                        competitors with the goal of countering the 
                        exploitation or illicit transfer of sensitive 
                        technologies by aliens described in 
                        subparagraph (F), (J), or (M) of section 
                        101(a)(15) of such Act (8 U.S.C. 
                        1101(a)(15)).''.
    (b) Screening.--Paragraph (2) of section 428(e) of the Homeland 
Security Act of 2002 (6 U.S.C. 236(e)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Review visa applications of aliens against 
                appropriate criminal, national security, and terrorism 
                databases or other relevant information maintained by 
                the Federal Government to improve the detection and 
                examination of aliens whose entry into the United 
                States would pose a substantial risk of the illicit 
                transfer of sensitive technologies.''.
    (c) Definition.--Subsection (e) of section 428 of the Homeland 
Security Act of 2002 (6 U.S.C. 236(e)) is amended by inserting at the 
end the following new paragraph:
            ``(8) Definition.--In this subsection, the term `sensitive 
        technologies' means--
                    ``(A) areas of research or technology that require 
                additional protection, as established by the 
                interagency working group in accordance with section 
                1746(a)(3)(E)(i)(III) of the National Defense 
                Authorization Act for Fiscal Year 2020 (Public Law 116-
                92);
                    ``(B) emerging and foundational technologies 
                identified through the interagency process established 
                under section 1758 of the John S. McCain National 
                Defense Authorization Act for Fiscal Year 2019 (Public 
                Law 115-232);
                    ``(C) sciences, technologies, and associated 
                programs of study at an institution of higher 
                education, related to energy, nuclear science, nuclear 
                engineering, or a related field for which an alien who 
                is a citizen of Iran would be denied a visa to 
                participate in coursework pursuant to section 501 of 
                the Iran Threat Reduction and Syria Human Rights Act of 
                2012 (22 U.S.C. 8771); and
                    ``(D) technologies and items included on the 
                Commerce Control List, the United States Munitions 
                List, the Nuclear Regulatory Commission Controls, or 
                the Technology Alert List.''.
    (d) Memorandum of Understanding.--Not later than 18 months days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security and the Secretary of State shall jointly develop and submit to 
the appropriate congressional committees a memorandum of understanding 
detailing the responsibilities of and procedures used by Department of 
Homeland Security personnel assigned to diplomatic and consular posts 
under section 428 of the Homeland Security Act of 2002, as amended by 
this section, including visa security vetting and screening activities, 
the collection and distribution of relevant fees, and the sharing of 
information on visa refusals based on derogatory information issued 
through the interagency Security Advisory Opinion process.
    (e) Machine Readable Technology Pilot Program.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        and the Secretary of State shall jointly commence a pilot 
        program at a United States diplomatic or consular post in a 
        country with a high volume of individuals who are known to have 
        engaged in government sponsored technology transfer campaigns. 
        The pilot program shall--
                    (A) be conducted for not fewer than 365 days; and
                    (B) assess opportunities to enhance security 
                vetting, including the use of machine-readable 
                technology and applicant interviews, to better defend 
                research or sensitive technologies in the United States 
                from foreign government sponsored technology transfer 
                campaigns.
            (2) Machine readable technology.--The Secretary of Homeland 
        Security and the Secretary of State shall jointly, as part of 
        the pilot program under paragraph (1)--
                    (A) deploy and test equipment and technology to 
                ensure that all documents collected in connection with 
                visa applications are stored in a machine-readable and 
                content-searchable format compatible and shareable 
                between the Department of Homeland Security and the 
                Department of State, and as appropriate, other 
                interagency partners;
                    (B) collect supplemental documents from visa 
                applicants in accordance with the requirements under 
                subparagraph (A), as appropriate, and ensure 
                appropriate personnel from the Department of Homeland 
                Security and the Department of State have access to 
                such documents for visa security vetting purposes; and
                    (C) evaluate the use of such technology and 
                supplemental documents in improving the efficacy and 
                efficiency of visa security vetting.
            (3) Applicant interviews.--The Secretary of Homeland 
        Security, in coordination with the Secretary of State, shall 
        determine whether additional questions or further documentation 
        requests may be appropriate during visa applicant in-person 
        interviews to improve visa security vetting to address evolving 
        threats to the United States.
            (4) Report.--Not later than 420 days after the initiation 
        of the pilot program under paragraph (1), the Secretary of 
        Homeland Security and the Secretary of State shall jointly 
        submit to the appropriate congressional committees and other 
        appropriate Federal partners a report on the following:
                    (A) The results of the pilot program.
                    (B) Recommendations for machine-readable and 
                content searchable equipment and technology and 
                supplemental documents under paragraph (2).
                    (C) Recommendations for additional interview 
                questions and further documentation requests under 
                paragraph (3).
                    (D) A determination as to whether and where to 
                expand the use of technologies evaluated during the 
                pilot program.
    (f) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security, the 
                Committee on the Judiciary, and the Committee on 
                Foreign Affairs of the House of Representatives; and
                    (B) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on the Judiciary, 
                and the Committee on Foreign Relations of the Senate.
            (2) Screening.--The term ``screening'' means the review of 
        public, private, or governmental information to assess the 
        accuracy and authenticity of claims made on a visa application, 
        including information contained in Federal Government records 
        to include derogatory information.
            (3) Sensitive technologies.--The term ``sensitive 
        technologies'' has the meaning given such term in paragraph (8) 
        of section 428(e) of the Homeland Security Act of 2002 (6 
        U.S.C. 236(e)), as added by subsection (c)
            (4) Strategic competitor.--The term ``strategic 
        competitor'' means a country identified as a strategic 
        competitor to the United States in the ``Summary of the 2018 
        National Defense Strategy of the United States of America: 
        Sharpening the American Military's Competitive Edge'' issued by 
        the Department of Defense pursuant to section 113(g)(1)(A) of 
        title 10, United States Code, or any successor document.
            (5) Vetting.--The term ``vetting'' with respect to a visa 
        applicant means the review and use of information collected 
        during screening, any additional information obtained through 
        interviews, consultation with other Federal Government 
        officials, derogatory information, and information drawn from 
        other sources to reach a determination regarding a national 
        security concern related to the visa applicant.
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