Sec. 5. Restricting the transfer of goods, technologies, and sensitive information to certain aliens
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Section 212(a)(3)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(A)(i) ) is amended to read as follows: any activity— to violate any law of the United States relating to espionage or sabotage; to violate or evade any law prohibiting the export from the United States of goods, technologies, or sensitive information; or to acquire export-controlled goods, technologies, or sensitive information (notwithstanding any exclusions for items not normally subject to export controls) if the Secretary of State has determined that the acquisition of those goods, technologies, or sensitive information by a category of aliens that includes such alien would be contrary to an articulable national security (including economic security) interest of the United States; .
In establishing criteria for determining whether an alien is included in a category of aliens that may be inadmissible under section 212(a)(3)(A)(i)(III) of the Immigration and Nationality Act, as amended by subsection (a), officials of the Department of State shall— seek advice and assistance from officials at the Office of the Director of National Intelligence, the Office of Science and Technology Policy, the Department of Health and Human Services, the Department of Defense, the Department of Homeland Security, the Department of Energy, the Department of Commerce, and other appropriate Federal agencies; consider factors such as the alien’s past or likely employment or cooperation with— foreign military and security related organizations that are adversarial to the United States; foreign institutions involved in the theft of United States research; entities involved in export control violations or the theft of intellectual property; and a government that seeks to undermine the integrity and security of the United States research community; and weigh the proportionality of risk for the factors listed in subparagraph (B).
Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall— use a machine-readable visa application form; and make available documents submitted in support of a visa application in a machine readable format to assist in— identifying fraud; conducting lawful law enforcement activities; and determining the eligibility of applicants for a visa under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Director of National Intelligence, the Director of the Office of Science and Technology Policy, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the heads of other appropriate Federal agencies, shall submit a report to Congress that identifies— the criteria used to describe the category of aliens to which such section 212(a)(3)(A)(i)(III) may apply; and the number of individuals determined to be inadmissible under such section 212(a)(3)(A)(i)(III), including the nationality of each such individual.
Each annual report required under subsection
(c)shall be submitted, to the extent practicable, in an unclassified form, but may be accompanied by a classified appendix detailing the criteria used to describe the category of aliens to which such section 212(a)(3)(A)(i)(III) applies if the Secretary of State determines that such action— is in the national security and economic security interests of the United States; or is necessary to further the purposes of this Act. Not later than 45 days after date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Commerce, Science, and Transportation of the Senate , the Select Committee on Intelligence of the Senate , the Committee on Foreign Relations of the Senate ; the Committee on Oversight and Reform of the House of Representatives , the Committee on Homeland Security of the House of Representatives , the Committee on Energy and Commerce of the House of Representatives , the Permanent Select Committee on Intelligence of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives that— describes how supplementary documents provided by a visa applicant in support of a visa application are stored and shared by the Department of State with authorized Federal agencies; identifies the sections of a visa application that are machine-readable and the sections that are not machine-readable; provides cost estimates, including personnel costs and a cost-benefit analysis for adopting different technologies, including optical character recognition, for— making every element of a visa application, and documents submitted in support of a visa application, machine-readable; and ensuring that such system— protects personally-identifiable information; and permits the sharing of visa information with Federal agencies in accordance with existing law; and includes an estimated timeline for completing the implementation of subsection (b)(2).
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Sec. 5
Restricting the transfer of goods, technologies, and sensitive information to certain aliens
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