[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 414 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 414
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
January 15, 2025
Mr. Bilirakis 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 review the
applications 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)), and conduct in-person interviews where
appropriate, 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 any
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
(11); 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
within 10 days of--
``(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);
``(B) notwithstanding subparagraph (A), require
each covered student or exchange visitor to be observed
at least once every 60 days; and
``(C) prescribe regulations defining what
constitutes the commencement of participation of a
covered student in a designated exchange visitor
program (as defined in section 641(h) of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372(h))).
``(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.
``(10) Decertification.--The Secretary is authorized,
without notice, to decertify any approved institution or
exchange visitor program sponsor if such institution or
exchange visitor program sponsor is engaged in egregious
criminal activities or is a threat to national security.''; 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 of the
United States shall conduct a review of the fees for the Student and
Exchange Visitor Program of the Department of Homeland Security. The
Comptroller General--
(1) shall include in such review separate analyses of--
(A) data from fiscal years 2017 through 2019; and
(B) data from fiscal years 2020 through 2023; and
(2) 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.
(c) Biannual Report.--The Secretary of Homeland Security shall
submit a biannual report, to the Committee on Homeland Security of the
House of Representatives and to the Committee on Homeland Security and
Governmental Affairs of the Senate, analyzing data regarding--
(1) students that fall out of compliance with the
requirements of the Student and Exchange Visitor Program of the
Department of Homeland Security and lose their status; and
(2) the reporting, reporting compliance, and timeliness of
the institutions or exchange visitor program of students that
fall out of compliance with the requirements of the Student and
Exchange Visitor Program of the Department of Homeland
Security.
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