I 

116TH CONGRESS 

2D SESSION H. R. 8883 

To modify certain requirements with respect to nonimmigrants admitted under 

subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration 

and Nationality Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2020 

Mr. NORMAN introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To modify certain requirements with respect to nonimmigrants admitted under subparagraph (F), (J), or 

(M) of section 101(a)(15) of the Immigration and Nationality Act, and for other purposes. 

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— 

5 (1) the ‘‘Reporting Exogenous Participation 

6 Among Incoming Researchers in Academia Act’’; or 

7 (2) the ‘‘REPAIR Academia Act’’. 


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1 SEC. 2. REPORTING EXCHANGE VISITOR CHANGE IN FIELD 

2 OF STUDY. 

3 With respect to a principal nonimmigrant exchange 

4 visitor admitted into the United States in the J–1 classi5 fication under section 101(a)(15)(J) of the Immigration 

6 and Nationality Act (8 U.S.C. 1101(a)(15)(J)) in order 

7 to study, the Secretary of State shall take such action as 

8 may be necessary to ensure that the applicable program 

9 sponsor is required to use the Student and Exchange Vis10 itor Information System to report any change to the non11 immigrant’s primary field of study. In carrying out this 

12 section, the Secretary of State shall take into account the 

13 record keeping and reporting requirements of the Sec14 retary of Homeland Security with regard to non15 immigrants admitted into the United States in the F–1 

16 and M–1 classifications under subparagraphs (F) and (M) 

17 of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)). 

18 SEC. 3. REPORTING CERTAIN RESEARCH PROGRAM PAR19 TICIPATION. 

20 (a) IN GENERAL.—With respect to a principal non21 immigrant admitted into the United States in the J–1 

22 classification under section 101(a)(15)(J) of the Immigra23 tion and Nationality Act (8 U.S.C. 1101(a)(15)(J)), in the 

24 F–1 classification under section 101(a)(15)(F) of such 

25 Act, or in the M–1 classification under section 

26 101(a)(15)(M) of such Act, the Secretary of State and the 


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1 Secretary of Homeland Security shall take such action as 

2 may be necessary to ensure that the applicable program 

3 sponsor or academic or nonacademic institution is re4 quired to use the Student and Exchange Visitor Informa5 tion System to report when the nonimmigrant is partici6 pating in a research program funded in whole or in part 

7 through a grant, contract, or other similar form of support 

8 provided by the Federal Government, as well as program 

9 identification information. 

10 (b) NOTIFICATIONS.— 

11 (1) SECRETARY.—In the case of a non12 immigrant described in subsection (a), the Secretary 

13 of Homeland Security shall notify the appropriate 

14 program manager at an Executive agency (as de15 fined in section 105 of title 5, United States Code) 

16 if and when the Secretary obtains information that 

17 the nonimmigrant is participating in a research pro18 gram funded in whole or in part through a grant, 

19 contract, or other similar form of support provided 

20 by such agency prior to the commencement of that 

21 nonimmigrant’s participation and not later than 21 

22 days after authorizing such participation. 

23 (2) SPONSOR OR INSTITUTION.—In the case of 

24 a nonimmigrant described in subsection (a), the ap25 plicable program sponsor or academic or nonacaVerDate Sep 11 2014 22:10 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8883.IH H8883

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1 demic institution shall notify the appropriate pro2 gram manager at an Executive agency (as defined in 

3 section 105 of title 5, United States Code) if and 

4 when the sponsor or institution obtains information 

5 that the nonimmigrant is participating in a research 

6 program funded in whole or in part through a grant, 

7 contract, or other similar form of support provided 

8 by such agency prior to the commencement of that 

9 nonimmigrant’s participation and not later than 21 

10 days after authorizing such participation. 

11 SEC. 4. REVIEW AND REVOCATION OF CERTAIN NON12 IMMIGRANT VISAS. 

13 (a) IN GENERAL.—The Secretary of Homeland Secu14 rity shall have the authority to review and revoke a non15 immigrant visa granted under subparagraph (F), (J), or 

16 (M) of section 101(a)(15) of the Immigration and Nation17 ality Act (8 U.S.C. 1101(a)(15)) if, in consultation with 

18 the Attorney General, the Secretary finds that— 

19 (1) the visa holder has misrepresented his or 

20 her intention to pursue a certain program or field of 

21 study; 

22 (2) following a change to the nonimmigrant’s 

23 primary field of study as described under section 2, 

24 that the new primary field of study would have trig25 gered a higher level of scrutiny during the visa apVerDate Sep 11 2014 22:10 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8883.IH H8883

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1 plication process, and that the visa holder poses a 

2 risk to the homeland security of the United States, 

3 the national security of the United States, or re4 search integrity at their applicable program sponsor 

5 or institution; or 

6 (3) the visa holder’s enrollment in a research 

7 program funded in whole or in part through a grant, 

8 contract, or other similar form of support provided 

9 by the Federal Government poses a risk to the 

10 homeland security of the United States, the national 

11 security of the United States, or research integrity 

12 at their applicable program sponsor or institution. 

13 (b) NOTICE.—Thirty days before the commencement 

14 of a review under subsection (a), the Secretary of Home15 land Security shall provide the applicable program sponsor 

16 or institution with a notice containing the specific basis 

17 of the forthcoming review. During this 30-day period, the 

18 program sponsor or institution may take corrective action 

19 to alleviate any concerns raised by the Secretary. At the 

20 conclusion of the 30-day period, the Secretary shall deter21 mine whether the program sponsor or institution has satis22 factorily addressed the concerns or a review remains nec23 essary. 

24 (c) ADMINISTRATIVE AND JUDICIAL REVIEW.— 


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1 (1) IN GENERAL.—There shall be no adminis2 trative or judicial review of a determination to re3 voke a visa under this section except in accordance 

4 with this subsection. 

5 (2) ADMINISTRATIVE REVIEW.— 

6 (A) SINGLE LEVEL OF ADMINISTRATIVE

7 APPELLATE REVIEW.—The Secretary of Home8 land Security shall establish an appellate au9 thority to provide for a single level of adminis10 trative appellate review of such a determination. 

11 (B) STANDARD FOR REVIEW.—Such ad12 ministrative appellate review shall be based 

13 solely upon the administrative record estab14 lished at the time of the determination and 

15 upon such additional or newly discovered evi16 dence as may not have been available at the 

17 time of the determination. 

18 (3) JUDICIAL REVIEW.— 

19 (A) LIMITATION TO REVIEW OF RE20 MOVAL.—There shall be judicial review of a de21 termination to revoke a visa under this section 

22 only in the judicial review of an order of re23 moval under section 242 of the Immigration 

24 and Nationality Act (8 U.S.C. 1252). 


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1 (B) STANDARD FOR JUDICIAL REVIEW.— 

2 Such judicial review shall be based solely upon 

3 the administrative record established at the 

4 time of the review by the appellate authority 

5 and the findings of fact and determinations 

6 contained in such record shall be conclusive un7 less the applicant can establish abuse of discre8 tion or that the findings are directly contrary to 

9 clear and convincing facts contained in the 

10 record considered as a whole. 

11 SEC. 5. ANNUAL REPORT. 

12 (a) IN GENERAL.—The Secretary of Homeland Secu13 rity shall require the Academic Institutions Subcommittee 

14 of the Homeland Security Advisory Council of the Depart15 ment of Homeland Security to provide an annual report 

16 to the Committee on the Judiciary, the Committee on 

17 Homeland Security, and the Committee on Foreign Af18 fairs of the House of Representatives, and the Committee 

19 on the Judiciary, the Committee on Homeland Security 

20 and Governmental Affairs, and the Committee on Foreign 

21 Relations of the Senate, on— 

22 (1) the implementation and execution of any 

23 visa reviews and revocations undertaken under sec24 tion 4; 


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1 (2) the number of alien students enrolled at 

2 academic or nonacademic institutions in the United 

3 States, disaggregated by— 

4 (A) program of study; 

5 (B) previous and current nationality; and 

6 (C) participation in a research program 

7 (which may or may not be classified) funded in 

8 whole or in part through a grant, contract, or 

9 other similar form of support provided by the 

10 Federal Government, differentiated by agency, 

11 sub-agency, and program; and 

12 (3) the number of alien students who have 

13 changed their field of study, including their original 

14 and subsequent field of study, disaggregated by the 

15 information described in subparagraphs (A), (B), 

16 and (C) of paragraph (2). 

17 (b) APPENDIX.—Each report under subsection (a) 

18 shall include an appendix containing any feedback pro19 vided on a voluntary basis by any program sponsor or in20 stitution affected by a visa review or revocation under21 taken under section 4. 

Æ 


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