,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hcaj ,,in ,,the ,,house ,,of ,,representatives ,september #ag1 #bjbj,mr4 ,rogers of ,alabama 7for himself1 ,mrs4 ,hartzler1 ,mr4 ,reschenthaler1 ,mr4 ,higgins of ,louisiana1 and ,mr4 ,joyce of ,pennsylvania7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,homeland ,security1 and ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 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 #bjjb to provide for enhanced visa security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,countering ,china's ,theft of ,american ,research and ,innovation ,act or the ,,cctari ,act4 #b4 ,visa security 7a7 ,establishment ,not later than #ij days after the date of the enactment of this ,act1 the interagency working group established under section #agdf7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib7 shall commence a review of the current policies and procedures of the ,department of ,homeland ,security and ,department of ,state for the purpose of identifying1 investigating1 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 technologies4 7b7 ,objectives 7#a7 ,analysis of current visa issuance and admission procedures ,the interagency working group referred to in subsection 7a7 shall-- 7,a7 analyze the current visa application process1 and the role of the ,department of ,homeland ,security and the ,department of ,state in such process1 including the screening of visa applicants against appropriate criminal1 intelligence1 national security1 terrorism1 and other databases and information maintained by the ,federal ,government1 and make recommendations to the ,secretaries of such ,departments to better screen1 identify1 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 institutions2 7,b7 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 grounds2 and 7,c7 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 technologies4 7#b7 ,national security review of certain nonimmigrant students ,the interagency working group shall recommend procedures and standards for the ,department of ,homeland ,security1 in cooperation with other appropriate ,federal agencies1 to conduct national security reviews of aliens who-- 7,a7 are present in the ,united ,states-- 7i7 in a nonimmigrant classification described in subparagraphs 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 and change from a program of study not related to sensitive technologies to a program of study or significant coursework1 research1 or laboratory access related to sensitive technologies2 or 7ii7 as a nonimmigrant and seek to change status1 pursuant to section #bdh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeh771 to that of a nonimmigrant described in subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae771 for purposes of engaging in a program of study related to sensitive technologies2 and 7,b7 as a result of engaging in a program of study related to sensitive technologies1 will have access to information related to operating1 installing1 maintaining1 repairing1 overhauling1 or refurbishing sensitive technologies or development activities related to sensitive technologies4 7#c7 ,identifying individuals requiring national security review ,for purposes of facilitating the identification of individuals described in paragraph 7#b77;,b71 the interagency working group shall-- 7,a7 develop a nonpublic list of six-digit ,classification of ,instructional ,programs 7,,cip7 codes for programs of study related to sensitive technologies to be used in reporting required by section #fda of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acgb7;d77 and related regulations2 7,b7 recommend to the ,secretary of ,homeland ,security changes1 as appropriate1 to the ,student and ,exchange ,visitor ,information ,system1 or other system designated for such purpose by the ,secretary of ,homeland ,security1 to ensure that individuals who seek to engage in programs of study but who will not have access to information related to operating1 installing1 maintaining1 repairing1 overhauling1 or refurbishing sensitive technologies or development activities related to sensitive technologies are not unnecessarily subjected to national security reviews2 7,c7 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 ,system1 or other system designated for such purpose by the ,secretary of ,homeland ,security1 for each nonimmigrant described in subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 who is enrolled in such entity2 and 7,d7 identify mechanisms for the ,department of ,homeland ,security1 in cooperation with other appropriate ,federal agencies1 to order the removal of and make ineligible for future nonimmigrant classification described in subparagraphs 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 individuals who may be identified following pursuant to national security reviews conducted in accordance with paragraph 7#b74 7#d7 ,identifying gaps in authority to address national security threats ,not later than one year after the date of the enactment of this ,act1 the interagency working group shall identify deficiencies in existing legal authorities determined to be an impediment in achieving the recommendations described in subparagraphs 7,b7 and 7,c7 of paragraph 7#c71 and recommend to the appropriate congressional committees legislative solutions to address such deficiencies4 7c7 ,composition ,in addition to the members specified in section #agdf7;a77#b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib71 for purposes of carrying out the review required under subsection 7a71 the interagency working group consult with the following3 7#a7 ,u4,s4 ,customs and ,border ,protection1 ,office of ,field ,operations4 7#b7 ,u4,s4 ,immigration and ,customs ,enforcement1 ,student and ,exchange ,visitor ,program4 7#c7 ,u4,s4 ,immigration and ,customs ,enforcement1 ,counterterrorism and ,criminal ,exploitation ,unit4 7#d7 ,u4,s4 ,immigration and ,customs ,enforcement1 ,visa ,security ,program4 7#e7 ,the ,department of ,homeland ,security1 ,office of ,intelligence and ,analysis4 7#f7 ,the ,federal ,bureau of ,investigation4 7#g7 ,at least two representatives from the ,department of ,state1 ,bureau of ,consular ,affairs4 7#h7 ,private sector and higher education personnel1 as appropriate and to a degree that would not detrimentally impact any ongoing law enforcement investigation or intelligence operation1 as determined by the ,secretary of ,homeland ,security4 7d7 ,consultation ,in carrying out the objectives described in subsection 7b71 the interagency working group shall coordinate and consult regularly with the ,national ,science1 ,technology1 and ,security ,roundtable established under section #agdf7;b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib74 7e7 ,report ,not later than one year after the commencement of the review required under subsection 7a71 the interagency working group shall submit to the appropriate congressional committees a report-- 7#a7 detailing the results of such review and the analyses and evaluation required under subsection 7b77#a72 and 7#b7 identifying any legislative solutions necessary to improve the ability of the ,department of ,homeland ,security1 the ,department of ,state1 or both1 to identify1 investigate1 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 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 7f7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 the ,committee on ,armed ,services1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 the ,committee on ,armed ,services1 and the ,committee on ,foreign ,relations of the ,senate4 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#c7 ,program of study ,the term program of study means any degree program1 field of study1 significant coursework1 research1 or laboratory access related to sensitive technologies1 or other academic activity required to be reported pursuant to section #fda7;a7 of the ,omnibus ,consolidated ,appropriations ,act1 #aiig 7,public ,law #ajd-bjh 7#h ,u4,s4,c4 #acgb7;a7774 7#d7 ,sensitive technologies ,the term sensitive technologies has the meaning given such term in paragraph 7#h7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e771 as added by section #c4 #c4 ,visa security 7a7 ,program scope ,paragraph 7#a7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e77 is amended-- 7#a7 by striking ,the ,secretary and inserting the following3 7,a7 ,authorization ,the ,secretary 2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 ,risk-based assignments 7i7 ,in general ,assignments under subparagraph 7,a7 shall be made-- 7,i7 in a risk-based manner2 7,,ii7 considering the criteria described in clause 7ii72 and 7,,iii7 in accordance with ,national ,security ,decision ,directive #ch of ,june #b1 #aihb1 or any superseding presidential directive concerning staffing at diplomatic and consular posts4 7ii7 ,criteria described ,the criteria described in this clause are the following3 7,i7 ,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 years4 7,,ii7 ,information on the cooperation of such country with the counterterrorism efforts of the ,united ,states4 7,,iii7 ,information analyzing the presence1 activity1 or movement of terrorist organizations 7as such term is defined in section #bab7;a77#c77;,b77vi7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77vi777 within or through such country4 7,,iv7 ,the number of formal objections and denials based on derogatory information issued through the interagency ,security ,advisory ,opinion process4 7,v7 ,countries identified as a strategic competitor in the ,summary of the #bjah ,national ,defense ,strategy of the ,united ,states of ,america3 ,sharpening the ,american ,military's ,competitive ,edge issued by the ,department of ,defense pursuant to section #aac7;g77#a77;,a7 of title #aj1 ,united ,states ,code1 or any successor document4 7,,vi7 ,the number of cases involving counterintelligence1 illicit technology transfer1 and counterproliferation related to the identities of nationals of such country4 7,,vii7 ,information on the cooperation of such country with the counterintelligence1 countering nontraditional collection1 illicit technology transfer1 and counterproliferation efforts of the ,united ,states1 including information on foreign government-owned infrastructure and organizations dedicated to such matters4 7,,viii7 ,the adequacy of the border and immigration control of such country4 7,,ix7 ,any other criteria the ,secretary determines appropriate4 7iii7 ,prioritization ,the ,secretary shall1 until ,december #ca1 #bjbd1 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 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 4 7b7 ,screening ,paragraph 7#b7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e77 is amended-- 7#a7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#b7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 ,review visa applications of aliens against appropriate criminal1 national security1 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 technologies4 4 7c7 ,definition ,subsection 7e7 of section #dbh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e77 is amended by inserting at the end the following new paragraph3 7#h7 ,definition ,in this subsection1 the term sensitive technologies means-- 7,a7 areas of research or technology that require additional protection1 as established by the interagency working group in accordance with section #agdf7;a77#c77;,e77i77,,iii7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib72 7,b7 emerging and foundational technologies identified through the interagency process established under section #ageh of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb72 7,c7 sciences1 technologies1 and associated programs of study at an institution of higher education1 related to energy1 nuclear science1 nuclear engineering1 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 #eja of the ,iran ,threat ,reduction and ,syria ,human ,rights ,act of #bjab 7#bb ,u4,s4,c4 #hgga72 and 7,d7 technologies and items included on the ,commerce ,control ,list1 the ,united ,states ,munitions ,list1 the ,nuclear ,regulatory ,commission ,controls1 or the ,technology ,alert ,list4 4 7d7 ,memorandum of understanding ,not later than #ah months days after the date of the enactment of this ,act1 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 #dbh of the ,homeland ,security ,act of #bjjb1 as amended by this section1 including visa security vetting and screening activities1 the collection and distribution of relevant fees1 and the sharing of information on visa refusals based on derogatory information issued through the interagency ,security ,advisory ,opinion process4 7e7 ,machine readable technology pilot program 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 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 campaigns4 ,the pilot program shall-- 7,a7 be conducted for not fewer than #cfe days2 and 7,b7 assess opportunities to enhance security vetting1 including the use of machine-readable technology and applicant interviews1 to better defend research or sensitive technologies in the ,united ,states from foreign government sponsored technology transfer campaigns4 7#b7 ,machine readable technology ,the ,secretary of ,homeland ,security and the ,secretary of ,state shall jointly1 as part of the pilot program under paragraph 7#a7-- 7,a7 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 ,state1 and as appropriate1 other interagency partners2 7,b7 collect supplemental documents from visa applicants in accordance with the requirements under subparagraph 7,a71 as appropriate1 and ensure appropriate personnel from the ,department of ,homeland ,security and the ,department of ,state have access to such documents for visa security vetting purposes2 and 7,c7 evaluate the use of such technology and supplemental documents in improving the efficacy and efficiency of visa security vetting4 7#c7 ,applicant interviews ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,state1 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 ,states4 7#d7 ,report ,not later than #dbj days after the initiation of the pilot program under paragraph 7#a71 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 following3 7,a7 ,the results of the pilot program4 7,b7 ,recommendations for machine-readable and content searchable equipment and technology and supplemental documents under paragraph 7#b74 7,c7 ,recommendations for additional interview questions and further documentation requests under paragraph 7#c74 7,d7 ,a determination as to whether and where to expand the use of technologies evaluated during the pilot program4 7f7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,relations of the ,senate4 7#b7 ,screening ,the term screening means the review of public1 private1 or governmental information to assess the accuracy and authenticity of claims made on a visa application1 including information contained in ,federal ,government records to include derogatory information4 7#c7 ,sensitive technologies ,the term sensitive technologies has the meaning given such term in paragraph 7#h7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e771 as added by subsection 7c7 7#d7 ,strategic competitor ,the term strategic competitor means a country identified as a strategic competitor to the ,united ,states in the ,summary of the #bjah ,national ,defense ,strategy of the ,united ,states of ,america3 ,sharpening the ,american ,military's ,competitive ,edge issued by the ,department of ,defense pursuant to section #aac7;g77#a77;,a7 of title #aj1 ,united ,states ,code1 or any successor document4 7#e7 ,vetting ,the term vetting with respect to a visa applicant means the review and use of information collected during screening1 any additional information obtained through interviews1 consultation with other ,federal ,government officials1 derogatory information1 and information drawn from other sources to reach a determination regarding a national security concern related to the visa applicant4