[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5208 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5208

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2010

 Mr. Bilirakis (for himself, Mr. Carney, Mr. Bilbray, and Mrs. Myrick) 
 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.

    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 ``Student Visa Security Improvement 
Act''.

SEC. 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, not later than 180 days after 
        the date of the enactment of the Student Visa Security 
        Improvement Act--
                    ``(A) shall prescribe regulations to require 
                employees assigned under paragraph (1) to conduct in-
                person interviews of all applicants recommended by 
                Department of State personnel 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 ensure that employees assigned under 
                paragraph (1) conduct on-site reviews of applications 
                and supporting documentation 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)) that they deem appropriate prior to final 
                adjudication; and
                    ``(C) shall update, in consultation with the 
                Secretary of State, the memorandum of understanding 
                between the Department of Homeland Security and the 
                Department of State regarding implementation of this 
                section to clarify the roles and responsibilities of 
                employees assigned under paragraph (1) specifically 
                with regard to the duties prescribed by this 
                paragraph.''.

SEC. 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, not later than one year after the date of the enactment 
        of the Student Visa Security Improvement Act--
                    ``(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 10 days--
                                    ``(I) transferring to another 
                                institution or program;
                                    ``(II) changing academic majors; or
                                    ``(III) any other changes to 
                                information required to be maintained 
                                in the system described in paragraph 
                                (4); 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 or successor 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 any information required by 
                paragraph (5) regarding covered students and exchange 
                visitors enrolled at institutions or exchange program 
                sponsors.
            ``(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 2007 through 2010 
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.

SEC. 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 2011.
                                 <all>