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-
tives 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’’. 
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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 cur-
rent policies and procedures of the Department of Home-
land 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 re-
search institutions through more effective visa security op-
erations and improved protections for such sensitive tech-
nologies. 
(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 rec-
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ommendations to the Secretaries of such De-
partments 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 insti-
tutions of higher educations or research institu-
tions; 
(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 rec-
ommend 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 rec-
ommendations to the Secretaries of such De-
partments 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 work-
ing group shall recommend procedures and stand-
ards for the Department of Homeland Security, in 
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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 Immigra-
tion and Nationality Act (8 U.S.C. 
1101(a)(15)) and change from a program 
of study not related to sensitive tech-
nologies to a program of study or signifi-
cant 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 en-
gaging 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, 
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or refurbishing sensitive technologies or devel-
opment activities related to sensitive tech-
nologies. 
(3) IDENTIFYING INDIVIDUALS REQUIRING NA-
TIONAL SECURITY REVIEW.—For purposes of facili-
tating 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 Home-
land Security changes, as appropriate, to the 
Student and Exchange Visitor Information Sys-
tem, or other system designated for such pur-
pose 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 refur-
bishing sensitive technologies or development 
activities related to sensitive technologies are 
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not unnecessarily subjected to national security 
reviews; 
(C) recommend to the Secretary of Home-
land Security changes to relevant regulations to 
ensure that entities certified by the Student and 
Exchange Visitor Program routinely and accu-
rately report the program of study and other 
necessary information in the Student and Ex-
change Visitor Information System, or other 
system designated for such purpose by the Sec-
retary of Homeland Security, for each non-
immigrant described in subparagraph (F), (J), 
or (M) of section 101(a)(15) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)) who is enrolled in such entity; and 
(D) identify mechanisms for the Depart-
ment of Homeland Security, in cooperation with 
other appropriate Federal agencies, to order the 
removal of and make ineligible for future non-
immigrant classification described in subpara-
graphs (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). 
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(4) IDENTIFYING GAPS IN AUTHORITY TO AD-
DRESS
NATIONAL
SECURITY
THREATS.—Not later 
than one year after the date of the enactment of this 
Act, the interagency working group shall identify de-
ficiencies in existing legal authorities determined to 
be an impediment in achieving the recommendations 
described in subparagraphs (B) and (C) of para-
graph (3), and recommend to the appropriate con-
gressional committees legislative solutions to address 
such deficiencies. 
(c) COMPOSITION.—In addition to the members spec-
ified in section 1746(a)(2) of the National Defense Au-
thorization Act for Fiscal Year 2020 (Public Law 116– 
92), for purposes of carrying out the review required 
under subsection (a), the interagency working group con-
sult with the following: 
(1) U.S. Customs and Border Protection, Office 
of Field Operations. 
(2) U.S. Immigration and Customs Enforce-
ment, Student and Exchange Visitor Program. 
(3) U.S. Immigration and Customs Enforce-
ment, Counterterrorism and Criminal Exploitation 
Unit. 
(4) U.S. Immigration and Customs Enforce-
ment, Visa Security Program. 
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(5) The Department of Homeland Security, Of-
fice of Intelligence and Analysis. 
(6) The Federal Bureau of Investigation. 
(7) At least two representatives from the De-
partment of State, Bureau of Consular Affairs. 
(8) Private sector and higher education per-
sonnel, as appropriate and to a degree that would 
not detrimentally impact any ongoing law enforce-
ment investigation or intelligence operation, as de-
termined 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 Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92). 
(e) REPORT.—Not later than one year after the com-
mencement of the review required under subsection (a), 
the interagency working group shall submit to the appro-
priate 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 nec-
essary to improve the ability of the Department of 
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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 institu-
tions as a result of programs of study related to sen-
sitive 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
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Secu-
rity, 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 Com-
mittee 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 High-
er Education Act of 1965 (20 U.S.C. 1001). 
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(3) PROGRAM OF STUDY.—The term ‘‘program 
of study’’ means any degree program, field of study, 
significant coursework, research, or laboratory ac-
cess related to sensitive technologies, or other aca-
demic activity required to be reported pursuant to 
section 641(a) of the Omnibus Consolidated Appro-
priations 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 sub-
paragraph: 
‘‘(B) RISK-BASED ASSIGNMENTS.— 
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‘‘(i) 
IN
GENERAL.—Assignments 
under subparagraph (A) shall be made— 
‘‘(I) in a risk-based manner; 
‘‘(II) considering the criteria de-
scribed in clause (ii); and 
‘‘(III) in accordance with Na-
tional Security Decision Directive 38 
of June 2, 1982, or any superseding 
presidential directive concerning staff-
ing at diplomatic and consular posts. 
‘‘(ii) CRITERIA DESCRIBED.—The cri-
teria described in this clause are the fol-
lowing: 
‘‘(I) The number of nationals of 
the subject country who were identi-
fied in United States Government 
databases related to the identities of 
known or suspected terrorists during 
the previous two years. 
‘‘(II) Information on the coopera-
tion of such country with the counter-
terrorism efforts of the United States. 
‘‘(III) Information analyzing the 
presence, activity, or movement of ter-
rorist organizations (as such term is 
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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 ob-
jections and denials based on deroga-
tory information issued through the 
interagency Security Advisory Opinion 
process. 
‘‘(V) Countries identified as a 
strategic competitor in the ‘Summary 
of the 2018 National Defense Strat-
egy of the United States of America: 
Sharpening the American Military’s 
Competitive Edge’ issued by the De-
partment of Defense pursuant to sec-
tion 113(g)(1)(A) of title 10, United 
States Code, or any successor docu-
ment. 
‘‘(VI) The number of cases in-
volving counterintelligence, illicit tech-
nology transfer, and counterprolifera-
tion related to the identities of nation-
als of such country. 
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‘‘(VII) Information on the co-
operation of such country with the 
counterintelligence, countering non-
traditional collection, illicit technology 
transfer, and counterproliferation ef-
forts of the United States, including 
information on foreign government- 
owned infrastructure and organiza-
tions dedicated to such matters. 
‘‘(VIII) The adequacy of the bor-
der and immigration control of such 
country. 
‘‘(IX) Any other criteria the Sec-
retary determines appropriate. 
‘‘(iii) 
PRIORITIZATION.—The 
Sec-
retary shall, until December 31, 2024, 
prioritize the establishment of new over-
seas assignments made under this sub-
section 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)).’’. 
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(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 sub-
paragraph (D); and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) Review visa applications of aliens 
against appropriate criminal, national security, 
and terrorism databases or other relevant infor-
mation 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 para-
graph: 
‘‘(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 Na-
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tional Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92); 
‘‘(B) emerging and foundational tech-
nologies identified through the interagency 
process established under section 1758 of the 
John S. McCain National Defense Authoriza-
tion 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 de-
nied a visa to participate in coursework pursu-
ant 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 Com-
mission 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 Sec-
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retary of State shall jointly develop and submit to the ap-
propriate congressional committees a memorandum of un-
derstanding detailing the responsibilities of and proce-
dures used by Department of Homeland Security per-
sonnel 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 refus-
als based on derogatory information issued through the 
interagency Security Advisory Opinion process. 
(e) MACHINE READABLE TECHNOLOGY PILOT PRO-
GRAM.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security and the Secretary of 
State shall jointly commence a pilot program at a 
United States diplomatic or consular post in a coun-
try 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 secu-
rity vetting, including the use of machine-read-
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able technology and applicant interviews, to bet-
ter 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 tech-
nology to ensure that all documents collected in 
connection with visa applications are stored in 
a machine-readable and content-searchable for-
mat compatible and shareable between the De-
partment of Homeland Security and the De-
partment of State, and as appropriate, other 
interagency partners; 
(B) collect supplemental documents from 
visa applicants in accordance with the require-
ments under subparagraph (A), as appropriate, 
and ensure appropriate personnel from the De-
partment of Homeland Security and the De-
partment of State have access to such docu-
ments for visa security vetting purposes; and 
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(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 Sec-
retary of State, shall determine whether additional 
questions or further documentation requests may be 
appropriate during visa applicant in-person inter-
views 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 appro-
priate congressional committees and other appro-
priate Federal partners a report on the following: 
(A) The results of the pilot program. 
(B) Recommendations for machine-read-
able and content searchable equipment and 
technology and supplemental documents under 
paragraph (2). 
(C) Recommendations for additional inter-
view questions and further documentation re-
quests under paragraph (3). 
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(D) A determination as to whether and 
where to expand the use of technologies evalu-
ated during the pilot program. 
(f) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Homeland Security, 
the Committee on the Judiciary, and the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives; 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 infor-
mation to assess the accuracy and authenticity of 
claims made on a visa application, including infor-
mation 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 
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Homeland Security Act of 2002 (6 U.S.C. 236(e)), 
as added by subsection (c) 
(4) STRATEGIC COMPETITOR.—The term ‘‘stra-
tegic 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 in-
formation collected during screening, any additional 
information obtained through interviews, consulta-
tion with other Federal Government officials, derog-
atory information, and information drawn from 
other sources to reach a determination regarding a 
national security concern related to the visa appli-
cant. 
Æ 
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