[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3619 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3619
To provide increased transparency and accountability regarding
potential foreign 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
referred to the Committee on the Judiciary, and in addition to the
Committee on Science, Space, and Technology, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
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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