REPAIR Academia Act

Bill: 116-hr-8883
Sponsor: full_name: Rep. Norman, Ralph [R-SC-5]
Introduced: 2020-12-07
Policy area: Immigration
Subjects: Administrative remedies

Congressional oversight

Department of Homeland Security

Education programs funding

Higher education

Immigration status and procedures

International exchange and broadcasting

Research administration and funding

Visas and passports
Latest action: action_date: 2020-12-07
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2020-12-07
action_desc: Introduced in House
text: <p><b>Reporting Exogenous Participation Among Incoming Researchers in Academia Act or REPAIR Academia Act</b></p> <p>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.</p> <p>The Department of State shall 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. </p> <p>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.</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 8883 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. Short title This Act may be cited as— (1) the Reporting Exogenous Participation Among Incoming Researchers in Academia Act ; or (2) the REPAIR Academia Act . 2. 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) ). 3. 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. 4. 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 2, 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. 5. 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 4; (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 4.