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 sci-
entific research by improving the Visas Mantis security 
check program through a reduction of processing times 
and improvement in efficiency under such program. 
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 ‘‘Furthering Education 
and Research through Mantis Improvements Act’’ or the 
‘‘FERMI Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following:
(1) One-third of the Nobel Prizes awarded to 
citizens of the United States have been won by for-
eign-born individuals who became naturalized citi-
zens before or after winning the award, including 
Enrico Fermi, who won the Nobel Prize in Physics 
in 1938, and Albert Einstein, who won the Nobel 
Prize in Physics in 1921. 
(2) Individuals wishing to come to the United 
States as nonimmigrants to study or work tempo-
rarily in the life sciences, physical sciences, or engi-
neering are required to undergo and pass a security 
check known as a Visas Mantis, which is designed 
to protect against illegal transfers of sensitive tech-
nology. Many of these foreign-born individuals sub-
sequently become permanent residents and citizens 
of the United States. 
(3) Nonimmigrant alien students earn a high 
percentage of doctoral degrees conferred in the 
sciences. A National Science Foundation report in 
2002 noted that nonimmigrant aliens account for 30 
percent of doctoral degrees conferred in the life 
sciences, 37 percent conferred in the physical 
sciences, and 52 percent conferred in engineering. 
(4) The United States relies heavily upon non-
immigrant alien post-doctoral fellows for university
teaching and research. Fifty-six percent of post-doc-
toral fellows in the life sciences are nonimmigrant 
aliens, 67 percent in the physical sciences are non-
immigrant aliens, 69 percent in engineering are non-
immigrant aliens. 
(5) The Council of Graduate Schools reported 
in March 2004 that 90 percent of United States 
graduate schools suffered a serious decline in appli-
cations from nonimmigrant aliens for the academic 
year beginning in September 2004. Applications de-
clined across all fields, but most precipitously in the 
fields subject to Visas Mantis security checks. 
SEC. 3. IMPROVEMENTS IN THE VISAS MANTIS SECURITY 
CHECK PROGRAM. 
(a) IMPROVED GUIDANCE, REFINEMENT OF TECH-
NOLOGY ALERT LIST, AND DATA SYSTEM INTEROPER-
ABILITY.— 
(1) IMPROVED
GUIDANCE.—The Secretary of 
State, in cooperation with the Secretary of Home-
land Security, the Director of the Federal Bureau of 
Investigation, and the Director of the Office of 
Science and Technology Policy within the Executive 
Office of the President, shall provide consular offi-
cers with improved guidance regarding the oper-
ational structure and requirements of the Visas
Mantis security check program, including informa-
tion regarding— 
(A) the specific conditions under which a 
security check should be provided; 
(B) the specific information required to be 
submitted by the consular officer to the Depart-
ment of State to ensure a timely response to a 
request for a security check; and 
(C) a method for estimating the approxi-
mate processing time for a security check asso-
ciated with a particular applicant. 
(2) REFINEMENT
OF
TECHNOLOGY
ALERT 
LIST.—The Secretary of State, in consultation with 
the Director of the Office of Science and Technology 
Policy, shall provide greater specificity in the Tech-
nology Alert List used under the Program. 
(3) DATA
SYSTEM
INTEROPERABILITY.—The 
Secretary of State and the Director of the Federal 
Bureau of Investigation shall make fully interoper-
able the data systems used under the Program in 
order to facilitate the transmission of data between 
the Department of State and the Federal Bureau of 
Investigation in conducting the Program. 
(4) PROGRESS
REPORT.—Not later than six 
months after the date of the enactment of this Act,
the Secretary of State shall submit to Congress a re-
port that describes progress made in implementing 
this subsection. 
(b) PERIOD
AND
REVALIDATION
OF
SECURITY 
CHECKS; 
MULTIPLE
ENTRIES
UNDER
SECURITY 
CHECKS.— 
(1) THREE-YEAR VALIDITY PERIOD.—Except as 
provided in paragraph (5), the validity period of a 
security check (including a revalidation of a security 
check) shall be three years. 
(2) REVALIDATION PERMITTED IN THE UNITED 
STATES.—Except as provided in paragraph (5), a se-
curity check may be revalidated in the United States 
on or before the date of the expiration of the pre-
vious check. 
(3) MULTIPLE
ENTRIES
PERMITTED.—Except 
as provided in paragraph (5), a nonimmigrant visa 
for which a security check is required shall be valid 
for multiple entries in the same manner in which 
multiple entries are permitted under such a visa for 
which a security check is not required. 
(4) PORTABILITY OF SECURITY CHECK ACROSS 
CHANGES IN NONIMMIGRANT CLASSIFICATION.—Ex-
cept as provided in paragraph (5), a security check 
issued with respect to an individual classified within
a nonimmigrant classification shall remain valid with 
respect to a change of the individual to another non-
immigrant classification so long as the security 
check approved in connection with the first classi-
fication is in substantially the same field as the field 
involved in the subsequent classification. 
(5) EXCEPTION.—Paragraphs (1), (2), (3), and 
(4) shall not apply with respect to an applicant for 
a security check insofar as the Secretary of State de-
termines that the application of such paragraph with 
respect to such applicant is not in the national secu-
rity interests of the United States. 
(6) EFFECTIVE DATES.— 
(A) VALIDITY
PERIOD
AND
REVALIDA-
TION.—Paragraphs (1) and (2), and paragraph 
(5) insofar as it relates to such paragraphs, 
shall apply to security checks granted or revali-
dated on or after such date (not later than 90 
days after the date of the enactment of this 
Act) as the Secretary of State shall specify. 
(B) MULTIPLE ENTRIES.—Paragraph (3), 
and paragraph (5) insofar as it relates to such 
paragraph, shall apply to visas issued on or 
after such date (not later than 90 days after
the date of the enactment of this Act) as the 
Secretary of State shall specify. 
(C) CHANGES IN NONIMMIGRANT CLASSI-
FICATION.—Paragraph (4), and paragraph (5) 
insofar as it relates to such paragraph, shall 
apply to changes in nonimmigrant classification 
occurring on or after such date (not later than 
90 days after the date of the enactment of this 
Act) as the Secretary of State shall specify. 
(c) ANNUAL REPORTS ON THE OPERATION OF THE 
PROGRAM.—The Secretary of State shall submit to Con-
gress an annual report on the Program. Each annual re-
port shall include information on— 
(1) further progress in implementing subsection 
(a); 
(2) the number of individuals in each non-
immigrant 
visa 
classification 
(under 
section 
101(a)(15) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15))) for whom a security check 
has been provided, the number of such individuals 
who have been approved for a visa after such a 
check, and the distribution of such individuals by 
country of nationality; and
(3) average processing time to complete security 
checks for applicants in each such nonimmigrant 
visa classification for each country of nationality. 
(d) VISAS MANTIS SECURITY CHECK PROGRAM AND 
CHECK DEFINED.—For purposes of this section: 
(1) The terms ‘‘Visas Mantis security check 
program’’ and ‘‘Program’’ mean the program that 
implements 
the 
requirements 
of 
section 
212(a)(3)(A)(i)(II) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(A)(i)(II)) (relating to 
the exclusion of nonimmigrants who may unlawfully 
export goods, technology, or sensitive information). 
(2) The term ‘‘security check’’ means a security 
clearance under the Program. 
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