I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Furthering Education 

5 and Research through Mantis Improvements Act’’ or the 

6 ‘‘FERMI Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 
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1 (1) One-third of the Nobel Prizes awarded to 

2 citizens of the United States have been won by for3 eign-born individuals who became naturalized citi4 zens before or after winning the award, including 

5 Enrico Fermi, who won the Nobel Prize in Physics 

6 in 1938, and Albert Einstein, who won the Nobel 

7 Prize in Physics in 1921. 

8 (2) Individuals wishing to come to the United 

9 States as nonimmigrants to study or work tempo10 rarily in the life sciences, physical sciences, or engi11 neering are required to undergo and pass a security 

12 check known as a Visas Mantis, which is designed 

13 to protect against illegal transfers of sensitive tech14 nology. Many of these foreign-born individuals sub15 sequently become permanent residents and citizens 

16 of the United States. 

17 (3) Nonimmigrant alien students earn a high 

18 percentage of doctoral degrees conferred in the 

19 sciences. A National Science Foundation report in 

20 2002 noted that nonimmigrant aliens account for 30 

21 percent of doctoral degrees conferred in the life 

22 sciences, 37 percent conferred in the physical 

23 sciences, and 52 percent conferred in engineering. 

24 (4) The United States relies heavily upon non25 immigrant alien post-doctoral fellows for university 
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1 teaching and research. Fifty-six percent of post-doc2 toral fellows in the life sciences are nonimmigrant 

3 aliens, 67 percent in the physical sciences are non4 immigrant aliens, 69 percent in engineering are non5 immigrant aliens. 

6 (5) The Council of Graduate Schools reported 

7 in March 2004 that 90 percent of United States 

8 graduate schools suffered a serious decline in appli9 cations from nonimmigrant aliens for the academic 

10 year beginning in September 2004. Applications de11 clined across all fields, but most precipitously in the 

12 fields subject to Visas Mantis security checks. 

13 SEC. 3. IMPROVEMENTS IN THE VISAS MANTIS SECURITY 

14 CHECK PROGRAM. 

15 (a) IMPROVED GUIDANCE, REFINEMENT OF TECH16 NOLOGY ALERT LIST, AND DATA SYSTEM INTEROPER17 ABILITY.— 

18 (1) IMPROVED GUIDANCE.—The Secretary of 

19 State, in cooperation with the Secretary of Home20 land Security, the Director of the Federal Bureau of 

21 Investigation, and the Director of the Office of 

22 Science and Technology Policy within the Executive 

23 Office of the President, shall provide consular offi24 cers with improved guidance regarding the oper25 ational structure and requirements of the Visas 
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1 Mantis security check program, including informa2 tion regarding— 

3 (A) the specific conditions under which a 

4 security check should be provided; 

5 (B) the specific information required to be 

6 submitted by the consular officer to the Depart7 ment of State to ensure a timely response to a 

8 request for a security check; and 

9 (C) a method for estimating the approxi10 mate processing time for a security check asso11 ciated with a particular applicant. 

12 (2) REFINEMENT OF TECHNOLOGY ALERT

13 LIST.—The Secretary of State, in consultation with 

14 the Director of the Office of Science and Technology 

15 Policy, shall provide greater specificity in the Tech16 nology Alert List used under the Program. 

17 (3) DATA SYSTEM INTEROPERABILITY.—The 

18 Secretary of State and the Director of the Federal 

19 Bureau of Investigation shall make fully interoper20 able the data systems used under the Program in 

21 order to facilitate the transmission of data between 

22 the Department of State and the Federal Bureau of 

23 Investigation in conducting the Program. 

24 (4) PROGRESS REPORT.—Not later than six 

25 months after the date of the enactment of this Act, 
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1 the Secretary of State shall submit to Congress a re2 port that describes progress made in implementing 

3 this subsection. 

4 (b) PERIOD AND REVALIDATION OF SECURITY

5 CHECKS; MULTIPLE ENTRIES UNDER SECURITY

6 CHECKS.— 

7 (1) THREE-YEAR VALIDITY PERIOD.—Except as 

8 provided in paragraph (5), the validity period of a 

9 security check (including a revalidation of a security 

10 check) shall be three years. 

11 (2) REVALIDATION PERMITTED IN THE UNITED

12 STATES.—Except as provided in paragraph (5), a se13 curity check may be revalidated in the United States 

14 on or before the date of the expiration of the pre15 vious check. 

16 (3) MULTIPLE ENTRIES PERMITTED.—Except 

17 as provided in paragraph (5), a nonimmigrant visa 

18 for which a security check is required shall be valid 

19 for multiple entries in the same manner in which 

20 multiple entries are permitted under such a visa for 

21 which a security check is not required. 

22 (4) PORTABILITY OF SECURITY CHECK ACROSS

23 CHANGES IN NONIMMIGRANT CLASSIFICATION.—Ex24 cept as provided in paragraph (5), a security check 

25 issued with respect to an individual classified within 
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1 a nonimmigrant classification shall remain valid with 

2 respect to a change of the individual to another non3 immigrant classification so long as the security 

4 check approved in connection with the first classi5 fication is in substantially the same field as the field 

6 involved in the subsequent classification. 

7 (5) EXCEPTION.—Paragraphs (1), (2), (3), and 

8 (4) shall not apply with respect to an applicant for 

9 a security check insofar as the Secretary of State de10 termines that the application of such paragraph with 

11 respect to such applicant is not in the national secu12 rity interests of the United States. 

13 (6) EFFECTIVE DATES.— 

14 (A) VALIDITY PERIOD AND REVALIDA15 TION.—Paragraphs (1) and (2), and paragraph 

16 (5) insofar as it relates to such paragraphs, 

17 shall apply to security checks granted or revali18 dated on or after such date (not later than 90 

19 days after the date of the enactment of this 

20 Act) as the Secretary of State shall specify. 

21 (B) MULTIPLE ENTRIES.—Paragraph (3), 

22 and paragraph (5) insofar as it relates to such 

23 paragraph, shall apply to visas issued on or 

24 after such date (not later than 90 days after 
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1 the date of the enactment of this Act) as the 

2 Secretary of State shall specify. 

3 (C) CHANGES IN NONIMMIGRANT CLASSI4 FICATION.—Paragraph (4), and paragraph (5) 

5 insofar as it relates to such paragraph, shall 

6 apply to changes in nonimmigrant classification 

7 occurring on or after such date (not later than 

8 90 days after the date of the enactment of this 

9 Act) as the Secretary of State shall specify. 

10 (c) ANNUAL REPORTS ON THE OPERATION OF THE

11 PROGRAM.—The Secretary of State shall submit to Con12 gress an annual report on the Program. Each annual re13 port shall include information on— 

14 (1) further progress in implementing subsection 

15 (a); 

16 (2) the number of individuals in each non17 immigrant visa classification (under section 

18 101(a)(15) of the Immigration and Nationality Act 

19 (8 U.S.C. 1101(a)(15))) for whom a security check 

20 has been provided, the number of such individuals 

21 who have been approved for a visa after such a 

22 check, and the distribution of such individuals by 

23 country of nationality; and 
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1 (3) average processing time to complete security 

2 checks for applicants in each such nonimmigrant 

3 visa classification for each country of nationality. 

4 (d) VISAS MANTIS SECURITY CHECK PROGRAM AND

5 CHECK DEFINED.—For purposes of this section: 

6 (1) The terms ‘‘Visas Mantis security check 

7 program’’ and ‘‘Program’’ mean the program that 

8 implements the requirements of section 

9 212(a)(3)(A)(i)(II) of the Immigration and Nation10 ality Act (8 U.S.C. 1182(a)(3)(A)(i)(II)) (relating to 

11 the exclusion of nonimmigrants who may unlawfully 

12 export goods, technology, or sensitive information). 

13 (2) The term ‘‘security check’’ means a security 

14 clearance under the Program. 

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