I 
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 moni-
toring of foreign students in the United States, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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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 con-
duct in-person interviews of all applicants rec-
ommended 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 de-
termining whether applicants are inadmissible 
under section 212(a)(3)(B) of such Act (8 
U.S.C. 1182(a)(3)(B)) (relating to terrorist ac-
tivities); 
‘‘(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 Na-
tionality Act (8 U.S.C. 1101(a)(15)) that they 
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deem appropriate prior to final adjudication; 
and 
‘‘(C) shall update, in consultation with the 
Secretary of State, the memorandum of under-
standing between the Department of Homeland 
Security and the Department of State regard-
ing 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 Se-
curity 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 PRO-
GRAM.—In administering the program under para-
graph (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 in-
stitution or exchange visitor program sponsor 
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priate training course provided by the Depart-
ment for the program or system. 
‘‘(7) PROGRAM SUPPORT.—The Secretary shall 
provide appropriate technical support options to fa-
cilitate 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 stu-
dent is enrolled; and 
‘‘(B) timely entry of any information re-
quired by paragraph (5) regarding covered stu-
dents and exchange visitors enrolled at institu-
tions or exchange program sponsors. 
‘‘(9) SAVINGS CLAUSE.—Nothing in this section 
shall prohibit the Secretary or any institution or ex-
change program sponsor participating in the Stu-
dent Exchange Visitor Program from requiring more 
frequent observations of covered students or ex-
change visitors.’’; and 
(2) by adding at the end the following: 
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‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘covered student’ means a stu-
dent who is a nonimmigrant pursuant to subpara-
graph (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 iden-
tified by physical or electronic means. 
‘‘(3) The term ‘authorized user’ means an indi-
vidual nominated by an institution participating in 
the Student and Exchange Visitor Program and con-
firmed by the Secretary as not appearing on any ter-
rorist watch list.’’. 
(b) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General shall conduct a review of the fees for the 
Student and Exchange Visitor Program of the Depart-
ment 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 De-
partment 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 
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Act, and the amendments made by such sections, for fiscal 
year 2011. 
Æ 
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