CCTARI Act

I 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 jurisdic- tion 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Countering China’s 4 Theft of American Research and Innovation Act’’ or the 5 ‘‘CCTARI Act’’. 6 VerDate Sep 11 2014 23:47 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8310.IH H8310 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8310 IH SEC. 2. VISA SECURITY. 1 (a) ESTABLISHMENT.—Not later than 90 days after 2 the date of the enactment of this Act, the interagency 3 working group established under section 1746(a) of the 4 National Defense Authorization Act for Fiscal Year 2020 5 (Public Law 116–92) shall commence a review of the cur- 6 rent policies and procedures of the Department of Home- 7 land Security and Department of State for the purpose 8 of identifying, investigating, and preventing the illicit 9 transfer of sensitive technologies and research from 10 United States institutions of higher education and re- 11 search institutions through more effective visa security op- 12 erations and improved protections for such sensitive tech- 13 nologies. 14 (b) OBJECTIVES.— 15 (1) ANALYSIS OF CURRENT VISA ISSUANCE AND 16 ADMISSION PROCEDURES.—The interagency working 17 group referred to in subsection (a) shall— 18 (A) analyze the current visa application 19 process, and the role of the Department of 20 Homeland Security and the Department of 21 State in such process, including the screening 22 of visa applicants against appropriate criminal, 23 intelligence, national security, terrorism, and 24 other databases and information maintained by 25 the Federal Government, and make rec- 26 VerDate Sep 11 2014 23:47 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8310.IH H8310 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8310 IH ommendations to the Secretaries of such De- 1 partments to better screen, identify, and refuse 2 entry to individuals who seek to enter the 3 United States to engage in the illicit transfer of 4 sensitive technologies from United States insti- 5 tutions of higher educations or research institu- 6 tions; 7 (B) evaluate current policies for refusing 8 visas on grounds that an individual is likely to 9 enter the United States to engage in the illicit 10 transfer of sensitive technologies and rec- 11 ommend updates to the Foreign Affairs Manual 12 and other agency guidance to clarify when and 13 how visas can be refused on such grounds; and 14 (C) analyze current screening procedures 15 at United States ports of entry and make rec- 16 ommendations to the Secretaries of such De- 17 partments to better identify individuals who 18 seek to enter the United States to engage in 19 such illicit transfer of sensitive technologies. 20 (2) NATIONAL SECURITY REVIEW OF CERTAIN 21 NONIMMIGRANT STUDENTS.—The interagency work- 22 ing group shall recommend procedures and stand- 23 ards for the Department of Homeland Security, in 24 VerDate Sep 11 2014 23:47 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8310.IH H8310 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8310 IH cooperation with other appropriate Federal agencies, 1 to conduct national security reviews of aliens who— 2 (A) are present in the United States— 3 (i) in a nonimmigrant classification 4 described in subparagraphs (F), (J), or 5 (M) of section 101(a)(15) of the Immigra- 6 tion and Nationality Act (8 U.S.C. 7 1101(a)(15)) and change from a program 8 of study not related to sensitive tech- 9 nologies to a program of study or signifi- 10 cant coursework, research, or laboratory 11 access related to sensitive technologies; or 12 (ii) as a nonimmigrant and seek to 13 change status, pursuant to section 248 of 14 the Immigration and Nationality Act (8 15 U.S.C. 1258)), to that of a nonimmigrant 16 described in subparagraph (F), (J), or (M) 17 of section 101(a)(15) of such Act (8 18 U.S.C. 1101(a)(15)), for purposes of en- 19 gaging in a program of study related to 20 sensitive technologies; and 21 (B) as a result of engaging in a program 22 of study related to sensitive technologies, will 23 have access to information related to operating, 24 installing, maintaining, repairing, overhauling, 25 VerDate Sep 11 2014 23:47 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8310.IH H8310 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 8310 IH or refurbishing sensitive technologies or devel- 1 opment activities related to sensitive tech- 2 nologies. 3 (3) IDENTIFYING INDIVIDUALS REQUIRING NA- 4 TIONAL SECURITY REVIEW.—For purposes of facili- 5 tating the identification of individuals described in 6 paragraph (2)(B), the interagency working group 7 shall— 8 (A) develop a nonpublic list of six-digit 9 Classification of Instructional Programs (CIP) 10 codes for programs of study related to sensitive 11 technologies to be used in reporting required by 12 section 641 of the Immigration and Nationality 13 Act (8 U.S.C. 1372(d)) and related regulations; 14 (B) recommend to the Secretary of Home- 15 land Security changes, as appropriate, to the 16 Student and Exchange Visitor Information Sys- 17 tem, or other system designated for such pur- 18 pose by the Secretary of Homeland Security, to 19 ensure that individuals who seek to engage in 20 programs of study but who will not have access 21 to information related to operating, installing, 22 maintaining, repairing, overhauling, or refur- 23 bishing sensitive technologies or development 24 activities related to sensitive technologies are 25 VerDate Sep 11 2014 23:47 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8310.IH H8310 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 8310 IH not unnecessarily subjected to national security 1 reviews; 2 (C) recommend to the Secretary of Home- 3 land Security changes to relevant regulations to 4 ensure that entities certified by the Student and 5 Exchange Visitor Program routinely and accu- 6 rately report the program of study and other 7 necessary information in the Student and Ex- 8 change Visitor Information System, or other 9 system designated for such purpose by the Sec- 10 retary of Homeland Security, for each non- 11 immigrant described in subparagraph (F), (J), 12 or (M) of section 101(a)(15) of the Immigra- 13 tion and Nationality Act (8 U.S.C. 14 1101(a)(15)) who is enrolled in such entity; and 15 (D) identify mechanisms for the Depart- 16 ment of Homeland Security, in cooperation with 17 other appropriate Federal agencies, to order the 18 removal of and make ineligible for future non- 19 immigrant classification described in subpara- 20 graphs (F), (J), or (M) of section 101(a)(15) of 21 the Immigration and Nationality Act (8 U.S.C. 22 1101(a)(15)) individuals who may be identified 23 following pursuant to national security reviews 24 conducted in accordance with paragraph (2). 25 VerDate Sep 11 2014 23:47 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8310.IH H8310 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 8310 IH (4) IDENTIFYING GAPS IN AUTHORITY TO AD- 1 DRESS NATIONAL SECURITY THREATS.—Not later 2 than one year after the date of the enactment of this 3 Act, the interagency working group shall identify de- 4 ficiencies in existing legal authorities determined to 5 be an impediment in achieving the recommendations 6 described in subparagraphs (B) and (C) of para- 7 graph (3), and recommend to the appropriate con- 8 gressional committees legislative solutions to address 9 such deficiencies. 10 (c) COMPOSITION.—In addition to the members spec- 11 ified in section 1746(a)(2) of the National Defense Au- 12 thorization Act for Fiscal Year 2020 (Public Law 116– 13 92), for purposes of carrying out the review required 14 under subsection (a), the interagency working group con- 15 sult with the following: 16 (1) U.S. Customs and Border Protection, Office 17 of Field Operations. 18 (2) U.S. Immigration and Customs Enforce- 19 ment, Student and Exchange Visitor Program. 20 (3) U.S. Immigration and Customs Enforce- 21 ment, Counterterrorism and Criminal Exploitation 22 Unit. 23 (4) U.S. Immigration and Customs Enforce- 24 ment, Visa Security Program. 25 VerDate Sep 11 2014 23:47 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8310.IH H8310 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 8310 IH (5) The Department of Homeland Security, Of- 1 fice of Intelligence and Analysis. 2 (6) The Federal Bureau of Investigation. 3 (7) At least two representatives from the De- 4 partment of State, Bureau of Consular Affairs. 5 (8) Private sector and higher education per- 6 sonnel, as appropriate and to a degree that would 7 not detrimentally impact any ongoing law enforce- 8 ment investigation or intelligence operation, as de- 9 termined by the Secretary of Homeland Security. 10 (d) CONSULTATION.—In carrying out the objectives 11 described in subsection (b), the interagency working group 12 shall coordinate and consult regularly with the National 13 Science, Technology, and Security Roundtable established 14 under section 1746(b) of the National Defense Authoriza- 15 tion Act for Fiscal Year 2020 (Public Law 116–92). 16 (e) REPORT.—Not later than one year after the com- 17 mencement of the review required under subsection (a), 18 the interagency working group shall submit to the appro- 19 priate congressional committees a report— 20 (1) detailing the results of such review and the 21 analyses and evaluation required under subsection 22 (b)(1); and 23 (2) identifying any legislative solutions nec- 24 essary to improve the ability of the Department of 25 VerDate Sep 11 2014 23:47 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8310.IH H8310 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 8310 IH Homeland Security, the Department of State, or 1 both, to identify, investigate, and prevent the illicit 2 transfer of sensitive technologies from United States 3 institutions of higher education and research institu- 4 tions as a result of programs of study related to sen- 5 sitive technologies undertaken by aliens described in 6 subparagraph (F), (J), or (M) of section 101(a)(15) 7 of the Immigration and Nationality Act (8 U.S.C. 8 1101(a)(15)). 9 (f) DEFINITIONS.—In this section: 10 (1) APPROPRIATE CONGRESSIONAL COMMIT- 11 TEES.—The term ‘‘appropriate congressional com- 12 mittees’’ means the Committee on Homeland Secu- 13 rity, the Committee on the Judiciary, the Committee 14 on Armed Services, and the Committee on Foreign 15 Affairs of the House of Representatives and the 16 Committee on Homeland Security and Governmental 17 Affairs, the Committee on the Judiciary, the Com- 18 mittee on Armed Services, and the Committee on 19 Foreign Relations of the Senate. 20 (2) INSTITUTION OF HIGHER EDUCATION.—The 21 term ‘‘institution of higher education’’ has the 22 meaning given such term in section 101 of the High- 23 er Education Act of 1965 (20 U.S.C. 1001). 24 VerDate Sep 11 2014 23:47 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8310.IH H8310 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 8310 IH (3) PROGRAM OF STUDY.—The term ‘‘program 1 of study’’ means any degree program, field of study, 2 significant coursework, research, or laboratory ac- 3 cess related to sensitive technologies, or other aca- 4 demic activity required to be reported pursuant to 5 section 641(a) of the Omnibus Consolidated Appro- 6 priations Act, 1997 (Public Law 104–208 (8 U.S.C. 7 1372(a))). 8 (4) SENSITIVE TECHNOLOGIES.—The term 9 ‘‘sensitive technologies’’ has the meaning given such 10 term in paragraph (8) of section 428(e) of the 11 Homeland Security Act of 2002 (6 U.S.C. 236(e)), 12 as added by section 3. 13 SEC. 3. VISA SECURITY. 14 (a) PROGRAM SCOPE.—Paragraph (1) of section 15 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 16 236(e)) is amended— 17 (1) by striking ‘‘The Secretary’’ and inserting 18 the following: 19 ‘‘(A) AUTHORIZATION.—The Secretary’’; 20 and 21 (2) by adding at the end the following new sub- 22 paragraph: 23 ‘‘(B) RISK-BASED ASSIGNMENTS.— 24 VerDate Sep 11 2014 23:47 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8310.IH H8310 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 8310 IH ‘‘(i) IN GENERAL.—Assignments 1 under subparagraph (A) shall be made— 2 ‘‘(I) in a risk-based manner; 3 ‘‘(II) considering the criteria de- 4 scribed in clause (ii); and 5 ‘‘(III) in accordance with Na- 6 tional Security Decision Directive 38 7 of June 2, 1982, or any superseding 8 presidential directive concerning staff- 9 ing at diplomatic and consular posts. 10 ‘‘(ii) CRITERIA DESCRIBED.—The cri- 11 teria described in this clause are the fol- 12 lowing: 13 ‘‘(I) The number of nationals of 14 the subject country who were identi- 15 fied in United States Government 16 databases related to the identities of 17 known or suspected terrorists during 18 the previous two years. 19 ‘‘(II) Information on the coopera- 20 tion of such country with the counter- 21 terrorism efforts of the United States. 22 ‘‘(III) Information analyzing the 23 presence, activity, or movement of ter- 24 rorist organizations (as such term is 25 VerDate Sep 11 2014 23:47 Oct 03, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8310.IH H8310 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 8310 IH defined in section 212(a)(3)(B)(vi) of 1 the Immigration and Nationality Act 2 (8 U.S.C. 1182(a)(3)(B)(vi))) within 3 or through such country. 4 ‘‘(IV) The number of formal ob- 5 jections and denials based on deroga- 6 tory information issued through the 7 interagency Security Advisory Opinion 8 process. 9 ‘‘(V) Countries identified as a 10 strategic competitor in the ‘Summary 11 of the 2018 National Defense Strat- 12 egy of the United States of America: 13 Sharpening the American Military’s 14 Competitive Edge’ issued by the De- 15 partment of Defense pursuant to sec- 16 tion [Text truncated for display. 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