I 
117TH CONGRESS 
1ST SESSION H. R. 3619 
To provide increased transparency and accountability regarding potential for-
eign influence in research and development programs, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 28, 2021 
Mr. NORMAN (for himself, Mr. BABIN, Mr. GOSAR, Mr. STEUBE, Mr. 
DESJARLAIS, Mr. WEBER of Texas, Mr. MURPHY of North Carolina, Mr. 
DUNCAN, and Mr. PERRY) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee on Science, Space, and Technology, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide increased transparency and accountability regard-
ing potential foreign influence in research and develop-
ment programs, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Safeguarding United States Research Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
TITLE I—IMMIGRATION PROVISIONS 
Sec. 101. Reporting exchange visitor change in field of study. 
Sec. 102. Reporting certain research program participation. 
Sec. 103. Review and revocation of certain nonimmigrant visas. 
Sec. 104. Annual report. 
TITLE II—FEDERAL RESEARCH AND DEVELOPMENT AWARDS 
Sec. 101. Findings. 
Sec. 102. Disclosure of funding sources in applications for Federal research 
and development awards. 
TITLE I—IMMIGRATION 
PROVISIONS 
SEC. 101. REPORTING EXCHANGE VISITOR CHANGE IN 
FIELD OF STUDY. 
With respect to a principal nonimmigrant exchange 
visitor admitted into the United States in the J–1 classi-
fication under section 101(a)(15)(J) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(J)) in order 
to study, the Secretary of State shall take such action as 
may be necessary to ensure that the applicable program 
sponsor is required to use the Student and Exchange Vis-
itor Information System to report any change to the non-
immigrant’s primary field of study. In carrying out this 
section, the Secretary of State shall take into account the 
record keeping and reporting requirements of the Sec-
retary of Homeland Security with regard to non-
immigrants admitted into the United States in the F–1 
and M–1 classifications under subparagraphs (F) and (M) 
of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)). 
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SEC. 102. REPORTING CERTAIN RESEARCH PROGRAM PAR-
TICIPATION. 
(a) IN GENERAL.—With respect to a principal non-
immigrant admitted into the United States in the J–1 
classification under section 101(a)(15)(J) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(J)), in the 
F–1 classification under section 101(a)(15)(F) of such 
Act, or in the M–1 classification under section 
101(a)(15)(M) of such Act, the Secretary of State and the 
Secretary of Homeland Security shall take such action as 
may be necessary to ensure that the applicable program 
sponsor or academic or nonacademic institution is re-
quired to use the Student and Exchange Visitor Informa-
tion System to report when the nonimmigrant is partici-
pating in a research program funded in whole or in part 
through a grant, contract, or other similar form of support 
provided by the Federal Government, as well as program 
identification information. 
(b) NOTIFICATIONS.— 
(1) SECRETARY.—In the case of a non-
immigrant described in subsection (a), the Secretary 
of Homeland Security shall notify the appropriate 
program manager at an Executive agency (as de-
fined in section 105 of title 5, United States Code) 
if and when the Secretary obtains information that 
the nonimmigrant is participating in a research pro-
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gram funded in whole or in part through a grant, 
contract, or other similar form of support provided 
by such agency prior to the commencement of that 
nonimmigrant’s participation and not later than 21 
days after authorizing such participation. 
(2) SPONSOR OR INSTITUTION.—In the case of 
a nonimmigrant described in subsection (a), the ap-
plicable program sponsor or academic or nonaca-
demic institution shall notify the appropriate pro-
gram manager at an Executive agency (as defined in 
section 105 of title 5, United States Code) if and 
when the sponsor or institution obtains information 
that the nonimmigrant is participating in a research 
program funded in whole or in part through a grant, 
contract, or other similar form of support provided 
by such agency prior to the commencement of that 
nonimmigrant’s participation and not later than 21 
days after authorizing such participation. 
SEC. 103. REVIEW AND REVOCATION OF CERTAIN NON-
IMMIGRANT VISAS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall have the authority to review and revoke a non-
immigrant visa granted under subparagraph (F), (J), or 
(M) of section 101(a)(15) of the Immigration and Nation-
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ality Act (8 U.S.C. 1101(a)(15)) if, in consultation with 
the Attorney General, the Secretary finds that— 
(1) the visa holder has misrepresented his or 
her intention to pursue a certain program or field of 
study; 
(2) following a change to the nonimmigrant’s 
primary field of study as described under section 
101, that the new primary field of study would have 
triggered a higher level of scrutiny during the visa 
application process, and that the visa holder poses a 
risk to the homeland security of the United States, 
the national security of the United States, or re-
search integrity at their applicable program sponsor 
or institution; or 
(3) the visa holder’s enrollment in a research 
program funded in whole or in part through a grant, 
contract, or other similar form of support provided 
by the Federal Government poses a risk to the 
homeland security of the United States, the national 
security of the United States, or research integrity 
at their applicable program sponsor or institution. 
(b) NOTICE.—Thirty days before the commencement 
of a review under subsection (a), the Secretary of Home-
land Security shall provide the applicable program sponsor 
or institution with a notice containing the specific basis 
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of the forthcoming review. During this 30-day period, the 
program sponsor or institution may take corrective action 
to alleviate any concerns raised by the Secretary. At the 
conclusion of the 30-day period, the Secretary shall deter-
mine whether the program sponsor or institution has satis-
factorily addressed the concerns or a review remains nec-
essary. 
(c) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
(1) IN GENERAL.—There shall be no adminis-
trative or judicial review of a determination to re-
voke a visa under this section except in accordance 
with this subsection. 
(2) ADMINISTRATIVE REVIEW.— 
(A) SINGLE
LEVEL
OF
ADMINISTRATIVE 
APPELLATE REVIEW.—The Secretary of Home-
land Security shall establish an appellate au-
thority to provide for a single level of adminis-
trative appellate review of such a determination. 
(B) STANDARD
FOR
REVIEW.—Such ad-
ministrative appellate review shall be based 
solely upon the administrative record estab-
lished at the time of the determination and 
upon such additional or newly discovered evi-
dence as may not have been available at the 
time of the determination. 
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(3) JUDICIAL REVIEW.— 
(A) LIMITATION
TO
REVIEW
OF
RE-
MOVAL.—There shall be judicial review of a de-
termination to revoke a visa under this section 
only in the judicial review of an order of re-
moval under section 242 of the Immigration 
and Nationality Act (8 U.S.C. 1252). 
(B) STANDARD FOR JUDICIAL REVIEW.— 
Such judicial review shall be based solely upon 
the administrative record established at the 
time of the review by the appellate authority 
and the findings of fact and determinations 
contained in such record shall be conclusive un-
less the applicant can establish abuse of discre-
tion or that the findings are directly contrary to 
clear and convincing facts contained in the 
record considered as a whole. 
SEC. 104. ANNUAL REPORT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall require the Academic Institutions Subcommittee 
of the Homeland Security Advisory Council of the Depart-
ment of Homeland Security to provide an annual report 
to the Committee on the Judiciary, the Committee on 
Homeland Security, and the Committee on Foreign Af-
fairs of the House of Representatives, and the Committee 
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on the Judiciary, the Committee on Homeland Security 
and Governmental Affairs, and the Committee on Foreign 
Relations of the Senate, on— 
(1) the implementation and execution of any 
visa reviews and revocations undertaken under sec-
tion 103; 
(2) the number of alien students enrolled at 
academic or nonacademic institutions in the United 
States, disaggregated by— 
(A) program of study; 
(B) previous and current nationality; and 
(C) participation in a research program 
(which may or may not be classified) funded in 
whole or in part through a grant, contract, or 
other similar form of support provided by the 
Federal Government, differentiated by agency, 
sub-agency, and program; and 
(3) the number of alien students who have 
changed their field of study, including their original 
and subsequent field of study, disaggregated by the 
information described in subparagraphs (A), (B), 
and (C) of paragraph (2). 
(b) APPENDIX.—Each report under subsection (a) 
shall include an appendix containing any feedback pro-
vided on a voluntary basis by any program sponsor or in-
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stitution affected by a visa review or revocation under-
taken under section 103. 
TITLE II—FEDERAL RESEARCH 
AND DEVELOPMENT AWARDS 
SEC. 101. FINDINGS. 
Congress finds the following: 
(1) United States colleges and universities are 
required publicly to report foreign gifts and con-
tracts to the Department of Education. Codified at 
section 117 of the Higher Education Act of 1965 
(20 U.S.C. 1011f), this mandate requires nearly all 
colleges and universities to report, twice each year, 
foreign gifts and contracts the value of which is 
$250,000 or more (considered alone or in combina-
tion with other gifts or contracts with a foreign 
source) and to disclose any foreign ownership or 
control to the Secretary of Education. 
(2) Congress applauds the Department of Edu-
cation for taking concrete steps to enforce section 
117, including the opening of 12 compliance inves-
tigations yielding important and actionable informa-
tion and catalyzed disclosure of $6,500,000,000 in 
previously unreported foreign money. 
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(3) On average, fewer than 300 of the approxi-
mately 6,000 United States colleges and universities 
report receiving foreign money each year. 
(4) It is in the interest of scientific and aca-
demic integrity that foreign funding is disclosed by 
the recipient. 
(5) Institutions have an obligation to comply 
with all applicable laws and regulations requiring 
disclosure of foreign funding. 
SEC. 102. DISCLOSURE OF FUNDING SOURCES IN APPLICA-
TIONS FOR FEDERAL RESEARCH AND DEVEL-
OPMENT AWARDS. 
Section 223 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 
(Public Law 116–283) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (A), by inserting be-
fore the semicolon the following: ‘‘, including a 
description of any in-kind contributions and a 
reasonable estimate of the value of such con-
tributions in dollars or man-hours, as applica-
ble’’; 
(B) by striking ‘‘and’’ at the end of sub-
paragraph (B); and 
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(C) by adding at the end the following new 
subparagraph: 
‘‘(D) in the case of a covered individual 
who is employed by an institution subject to 
section 117 of the Higher Education Act of 
1965 (20 U.S.C 1011f), certify that the indi-
vidual has provided the institution with the in-
formation necessary to comply with such section 
and include, together with such certification, a 
statement acknowledging receipt of such infor-
mation signed by the head of the office respon-
sible for the institution’s compliance with such 
section; and’’; and 
(2) in subsection (d)(2)(B), by striking ‘‘in-kind 
contributions requiring a commitment of time and 
directly supporting the individual’s research and de-
velopment efforts, such as the provision of office or 
laboratory space, equipment, supplies, employees, or 
students’’ and inserting ‘‘all in-kind contributions, 
regardless of whether such contributions are in-
tended for use on the project for which the research 
and development award is sought’’. 
Æ 
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