Responsible Practical Training Act of 2021

Responsible Practical Training Act of 2021

This bill imposes limits on the Optional Practical Training program and addresses related issues. (The program provides an F-1 student visa holder temporary employment authorization before or after completion of the student's studies, or both. Currently, an eligible alien may receive up to 12 months of employment authorization under the program, with a 24-month extension available to certain individuals with degrees in certain fields related to science, technology, engineering, or math.)

Specifically, the bill requires the Department of Homeland Security to issue regulations to (1) limit the program to six months and eliminate any extensions; and (2) exclude from the program any alien with a degree or working in a sensitive field, such as military-related fields.

The Department of Labor must conduct a wage analysis of the Optional Practical Training program and Curricular Practical Training program. The analysis must include a determination as to whether the aliens in the programs received wages appropriate for the type and location of employment.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3983 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3983

To direct the Secretary of Homeland Security to issue regulations with 
   respect to the optional practical training program, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2021

 Mr. Cawthorn (for himself, Mr. Tiffany, Mr. Steube, Ms. Herrell, and 
 Mr. Weber of Texas) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
Education and Labor, 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 direct the Secretary of Homeland Security to issue regulations with 
   respect to the optional practical training program, 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.

    This Act may be cited as the ``Responsible Practical Training Act 
of 2021''.

SEC. 2. OPTIONAL PRACTICAL TRAINING PROGRAM.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act and notwithstanding any other provision of law, 
the Secretary of Homeland Security shall issue such regulations as may 
be necessary to update part 214.2(f)(10-12) of title 8, Code of Federal 
Regulations, with respect to the optional practical training program 
(or a successor program) to--
            (1) limit such training program to six months and end any 
        extension of such training program; and
            (2) exclude aliens with a degree or working in military 
        related or other sensitive fields from such training program.
    (b) Wage Study.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of Labor shall conduct a wage analysis on the 
        optional practical training program and curricular practical 
        training (or successor programs), including--
                    (A) information on the duties, hours, and 
                compensation of an alien working under such programs; 
                and
                    (B) a determination on the extent to which 
                employment under such programs has or has not resulted 
                in the payment of commensurate wages to the alien, 
                appropriate for the type and location of such 
                employment.
            (2) Publication.--Not later than one year after the first 
        wage study under paragraph (1) is conducted, and annually 
        thereafter, the Secretary of Labor shall publish the findings 
        of the wage study on the internet website of the Department of 
        Labor.
    (c) Applicability.--Any regulation issued under subsection (a) 
shall not apply to an alien employed by a legitimate employer under the 
optional practical training program that has been recorded in the 
Student and Exchange Visitor Information System on the date on which 
such regulations are issued under the optional practical training 
program or an extension of such training program on the date on which 
such regulations are issued.
    (d) Definitions.--In this section:
            (1) Military related or other sensitive fields.--the term 
        ``military related or other sensitive fields'' includes nuclear 
        engineering, underseas warfare, cyber warfare, combat systems 
        engineering, military applied sciences, military information 
        systems technology, strategic intelligence, general 
        intelligence, signal and geospatial intelligence, command and 
        control systems and operations, information operations or joint 
        information operations, information or psychological warfare 
        and military media relations, cyber or electronic operations 
        and warfare, intelligence, command control and information 
        operations, missile and space systems technology, munitions 
        systems or ordinance technology, radar communications and 
        systems technology, military systems and maintenance 
        technology, low-observables and stealth technology, 
        nanotechnology or any other field determined by the Under 
        Secretary of Homeland Security for Intelligence and Analysis to 
        be a military related or otherwise sensitive field.
            (2) Student and exchange visitor information system.--The 
        term ``Student and Exchange Visitor Information System'' means 
        the system described in part 214.2 of title 8, Code of Federal 
        Regulations, and used by the Student and Exchange Visitor 
        Program (SEVP) to track and monitor schools, exchange visitor 
        programs, and F, M and J nonimmigrants while they visit the 
        United States and participate in the United States education 
        system.
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