Section 1 Short title
This Act may be cited as the “Responsible Practical Training Act of 2021”.
Responsible Practical Training Act of 2021
A BILL
To direct the Secretary of Homeland Security to issue regulations with respect to the optional practical training program, and for other purposes.
Sec. 2 Optional practical training program
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—
limit such training program to six months and end any extension of such training program; and
exclude aliens with a degree or working in military related or other sensitive fields from such training program.
Wage study—
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—
information on the duties, hours, and compensation of an alien working under such programs; and
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.
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.
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.
Definitions— In this section:
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.
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.