110 HR 4577 IH: Student Visa Security Improvement U.S. House of Representatives 2007-12-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 4577 IN THE HOUSE OF REPRESENTATIVES December 13, 2007 Mr. Bilirakis (for himself, Ms. Ginny Brown-Waite of Florida, Mr. Young of Florida, Mr. Roskam, Mr. Cantor, Mr. Perlmutter, Mr. Hunter, Mr. Souder, and Mr. Buchanan) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Secretary of Homeland Security to strengthen student visa background checks and improve the monitoring of foreign students in the United States, and for other purposes.

1.

Short title

This Act may be cited as the Student Visa Security Improvement Act.

2.

Enhanced student visa background checks

(a)

In general

Section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended by adding at the end the following: (9)

Student visas

In administering the program under this subsection, the Secretary— (A)shall prescribe regulations to require employees assigned under paragraph (1) to review all applications for visas under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) prior to final adjudication, with special emphasis on determining whether applicants are inadmissible under section 212(a)(3)(B) of such Act (8 U.S.C. 1182(a)(3)(B)) (relating to terrorist activities); (B)shall develop a strategic plan to guide visa security operations, especially with regard to student visas, and develop and maintain performance data that demonstrate the impact of this subsection; and (C)shall report on and develop, in consultation with the Secretary of State, additional guidance to clarify the roles and responsibilities of employees assigned under paragraph (1). .

3.

Student and exchange visitor program

(a)

In General

Section 442 of the Homeland Security Act of 2002 (6 U.S.C. 252) is amended— (1)in subsection (a)— (A)by redesignating paragraph (5) as paragraph (10); and (B)by inserting after paragraph (4) the following: (5)

Student and exchange visitor program

In administering the program under paragraph (4), the Secretary shall— (A)prescribe regulations to require an institution or exchange visitor program sponsor participating in the Student and Exchange Visitor Program to ensure that each covered student or exchange visitor enrolled at the institution or attending the exchange visitor program— (i)is an active participant in the program for which the covered student or exchange visitor was issued a visa to enter the United States; (ii)is not unobserved for any period— (I)exceeding 30 days during any academic term or program in which the covered student or exchange visitor is enrolled; or (II)exceeding 60 days during any period not described in subclause (I); and (iii)is reported to the Department if within 21 days of— (I)transferring to another institution or program; or (II)being hospitalized or otherwise incapacitated necessitating a prolonged absence from the academic institution or exchange visitor program; and (B)notwithstanding subparagraph (A), require each covered student or exchange visitor to be observed at least once every 60 days. (6)

Enhanced access

The Secretary shall provide access to the Student and Exchange Visitor Information System (hereinafter in this subsection referred to as the SEVIS), or other equivalent program or system, to appropriate employees of an institution or exchange visitor program sponsor participating in the Student and Exchange Visitor Program if— (A)at least two authorized users are identified at each participating institution or exchange visitor sponsor; (B)at least one additional authorized user is identified at each such institution or sponsor for every 200 covered students or exchange visitors enrolled at the institution or sponsor; and (C)each authorized user is certified by the Secretary as having completed an appropriate training course provided by the Department for the program or system. (7)

Program support

The Secretary shall provide appropriate technical support options to facilitate use of the program or system described in paragraph (4) by authorized users. (8)

Upgrades to sevis or equivalent data

The Secretary shall update the program or system described in paragraph (4) to incorporate new data fields that include— (A)verification that a covered student’s performance meets the minimum academic standards of the institution in which such student is enrolled; and (B)timely entry of academic majors, including changes to majors, of covered students and exchange visitors enrolled at institutions or exchange program sponsors participating in the Student and Exchange Visitor Program. (9)

Savings clause

Nothing in this section shall prohibit the Secretary or any institution or exchange program sponsor participating in the Student Exchange Visitor Program from requiring more frequent observations of covered students or exchange visitors. ; and (2)by adding at the end the following: (d)

Definitions

For purposes of this section: (1)The term covered student means a student who is a nonimmigrant pursuant to subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). (2)The term observed means positively identified by physical or electronic means. (3)The term authorized user means an individual nominated by an institution participating in the Student and Exchange Visitor Program and confirmed by the Secretary as not appearing on any terrorist watch list. . (b)

Comptroller General Review

The Comptroller General shall conduct a review of the fees for the Student and Exchange Visitor Program of the Department of Homeland Security. The Comptroller General shall include in such review data from fiscal years 2004 through 2007 and shall consider fees collected by the Department and all expenses associated with the review, issuance, maintenance, data collection, and enforcement functions of the Student and Exchange Visitor Program.

4.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out sections 2 and 3 of this Act, and the amendments made by such sections, for fiscal year 2009.