204 
2002 (6 U.S.C. 236(e)) is amended by adding at the end 
the following new paragraph: 
‘‘(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, 
shall— 
‘‘(A) prescribe regulations to require em-
ployees 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-per-
son interviews where appropriate, prior to final 
adjudication, with special emphasis on deter-
mining 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) ensure that employees assigned under 
paragraph (1) conduct on-site reviews of any ap-
plications and supporting documentation for 
visas under subparagraph (F), (J), or (M) of sec-
tion 101(a)(15) of the Immigration and Nation-
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205 
ality Act (8 U.S.C. 1101(a)(15)) that they deem 
appropriate prior to final adjudication; and 
‘‘(C) update, in consultation with the Sec-
retary of State, the memorandum of under-
standing 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 du-
ties prescribed by this paragraph.’’. 
(b) STUDENT AND EXCHANGE VISITOR PROGRAM.— 
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 fol-
lowing new paragraph: 
‘‘(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 Se-
curity Improvement Act— 
‘‘(A) prescribe regulations to require an in-
stitution or exchange visitor program sponsor 
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206 
participating in the Student and Exchange Vis-
itor 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 pe-
riod— 
‘‘(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 insti-
tution or program; 
‘‘(II) changing academic majors; 
or 
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207 
‘‘(III) any other changes to infor-
mation required to be maintained in 
the system described in paragraph (4); 
‘‘(B) notwithstanding subparagraph (A), re-
quire 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 vis-
itor program (as defined in section 641(h) of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility 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 re-
ferred to as the ‘SEVIS’), or other equivalent or suc-
cessor 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 iden-
tified at each participating institution or ex-
change visitor sponsor; 
‘‘(B) at least one additional authorized user 
is identified at each such institution or sponsor 
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208 
for every 200 covered students or exchange visi-
tors 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 fa-
cilitate use of the program or system described in 
paragraph (4) by authorized users. 
‘‘(8) SEVIS DATA.—The system described in 
paragraph (4) shall 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 Student 
Exchange Visitor Program from requiring more fre-
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