Safeguarding United States Research Act
Bill: H.R.3619 | Sponsor: Rep. Norman, Ralph (R-SC)
Policy area: Immigration

Summary:
Safeguarding United States Research Act
This bill imposes certain reporting requirements on the sponsor of an F, M, or J (student or exchange visitor) visa and authorizes the Department of Homeland Security (DHS) to revoke such a visa in certain instances. It also expands disclosure requirements for applicants of federal research and development awards.
The Department of State must require a sponsor of a J visa to report any change to the visa holder's primary field of study. The State Department and DHS shall require a sponsor of an F, M, or J visa to report when the visa holder is participating in a federally funded research program.
DHS may review and revoke an F, M, or J visa in certain instances, such as finding that (1) the visa holder misrepresented an intention to pursue a field of study, or (2) the visa holder's participation in a federally funded research program poses a national security risk. The bill also imposes certain limits on the ability to appeal such a revocation decision.
The bill also requires applications for federal research and development awards to disclose any in-kind contributions received by the applicant. Furthermore, if an applicant works for an institution that is required to file disclosures relating to the receipt of foreign gifts, the application for the federal award must include a certification that the applicant has provided the employing institution all the information necessary to comply with that disclosure requirement.

To provide increased transparency and accountability regarding 
 potential foreign influence in research and development programs, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives 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:

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 classification 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 Visitor Information 
System to report any change to the nonimmigrant'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 
Secretary of Homeland Security with regard to nonimmigrants 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)).

SEC. 102. REPORTING CERTAIN RESEARCH PROGRAM PARTICIPATION.

    (a) In General.--With respect to a principal nonimmigrant admitted 
into the United States in the J-1 classification under section 
101(a)(15)(J) of the Immigration 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 
required to use the Student and Exchange Visitor Information System to 
report when 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 the Federal Government, as well as program 
identification information.
    (b) Notifications.--
            (1) Secretary.--In the case of a nonimmigrant described in 
        subsection (a), the Secretary of Homeland Security shall notify 
        the appropriate program manager at an Executive agency (as 
        defined in section 105 of title 5, United States Code) if and 
        when the Secretary 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.
            (2) Sponsor or institution.--In the case of a nonimmigrant 
        described in subsection (a), the applicable program sponsor or 
        academic or nonacademic institution shall notify the 
        appropriate program 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 NONIMMIGRANT VISAS.

    (a) In General.--The Secretary of Homeland Security shall have the 
authority to review and revoke a nonimmigrant visa granted under 
subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration 
and Nationality 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 research 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 Homeland Security shall provide the 
applicable program sponsor or institution with a notice containing the 
specific basis 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 determine whether the program 
sponsor or institution has satisfactorily addressed the concerns or a 
review remains necessary.
    (c) Administrative and Judicial Review.--
            (1) In general.--There shall be no administrative or 
        judicial review of a determination to revoke a visa under this 
        section except in accordance with this subsection.
            (2) Administrative review.--
                    (A) Single level of administrative appellate 
                review.--The Secretary of Homeland Security shall 
                establish an appellate authority to provide for a 
                single level of administrative appellate review of such 
                a determination.
                    (B) Standard for review.--Such administrative 
                appellate review shall be based solely upon the 
                administrative record established at the time of the 
                determination and upon such additional or newly 
                discovered evidence as may not have been available at 
                the time of the determination.
            (3) Judicial review.--
                    (A) Limitation to review of removal.--There shall 
                be judicial review of a determination to revoke a visa 
                under this section only in the judicial review of an 
                order of removal 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 unless the applicant can establish abuse of 
                discretion 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 Security shall require 
the Academic Institutions Subcommittee of the Homeland Security 
Advisory Council of the Department of Homeland Security to provide an 
annual report to the Committee on the Judiciary, the Committee on 
Homeland Security, and the Committee on Foreign Affairs of the House of 
Representatives, and the Committee 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 section 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 provided on a voluntary basis by any 
program sponsor or institution affected by a visa review or revocation 
undertaken 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 contracts 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 combination 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 Education for 
        taking concrete steps to enforce section 117, including the 
        opening of 12 compliance investigations yielding important and 
        actionable information and catalyzed disclosure of 
        $6,500,000,000 in previously unreported foreign money.
            (3) On average, fewer than 300 of the approximately 6,000 
        United States colleges and universities report receiving 
        foreign money each year.
            (4) It is in the interest of scientific and academic 
        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 APPLICATIONS FOR FEDERAL 
              RESEARCH AND DEVELOPMENT AWARDS.

    Section 223 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is 
amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A), by inserting before the 
                semicolon the following: ``, including a description of 
                any in-kind contributions and a reasonable estimate of 
                the value of such contributions in dollars or man-
                hours, as applicable'';
                    (B) by striking ``and'' at the end of subparagraph 
                (B); and
                    (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 individual has provided the 
                institution with the information necessary to comply 
                with such section and include, together with such 
                certification, a statement acknowledging receipt of 
                such information signed by the head of the office 
                responsible 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 development 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 
        intended for use on the project for which the research and 
        development award is sought''.
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