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 re-
view the applications 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)), and 
conduct in-person interviews where appropriate, 
prior to final adjudication, with special empha-
sis on determining whether applicants are inad-
missible 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 
VerDate Mar 15 2010 
22:23 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H640.IH
H640
TKELLEY on DSK3SPTVN1PROD with BILLS
Nationality Act (8 U.S.C. 1101(a)(15)) that 
they deem appropriate prior to final adjudica-
tion; 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 (11); 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— 
VerDate Mar 15 2010 
22:23 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H640.IH
H640
TKELLEY on DSK3SPTVN1PROD with BILLS
‘‘(A) prescribe regulations to require an in-
stitution or exchange visitor program sponsor 
participating in the Student and Exchange Vis-
itor Program to ensure that each covered stu-
dent or exchange visitor enrolled at the institu-
tion or attending the exchange visitor pro-
gram— 
‘‘(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; 
VerDate Mar 15 2010 
22:23 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H640.IH
H640
TKELLEY on DSK3SPTVN1PROD with BILLS
‘‘(II) changing academic majors; 
or 
‘‘(III) any other changes to infor-
mation 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 employ-
ees of an institution or exchange visitor program 
sponsor participating in the Student and Exchange 
Visitor Program if— 
VerDate Mar 15 2010 
22:23 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H640.IH
H640
TKELLEY on DSK3SPTVN1PROD with BILLS
‘‘(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 ex-
change visitors enrolled at the institution or 
sponsor; and 
‘‘(C) each authorized user is certified by 
the Secretary as having completed an appro-
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 
VerDate Mar 15 2010 
22:23 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H640.IH
H640
TKELLEY on DSK3SPTVN1PROD with BILLS
‘‘(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. 
‘‘(10) DECERTIFICATION.—The Secretary is au-
thorized, 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 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. 
VerDate Mar 15 2010 
22:23 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H640.IH
H640
TKELLEY on DSK3SPTVN1PROD with BILLS
‘‘(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 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 Comp-
troller General shall include in such review data from fis-
cal years 2009 through 2013 and shall consider fees col-
lected by the Department and all expenses associated with 
the review, issuance, maintenance, data collection, and en-
forcement functions of the Student and Exchange Visitor 
Program. 
Æ 
VerDate Mar 15 2010 
22:23 Feb 21, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H640.IH
H640
TKELLEY on DSK3SPTVN1PROD with BILLS