H.R. 414 — Student Visa Security Improvement Act

This section directs the Secretary of Homeland Security, not later than 180 days after enactment, in administering the program assigning DHS personnel to U.S. consular posts for visa security reviews (6 U.S.C. 236(e)), to (1) prescribe regulations requiring such personnel to review all Department of State-recommended applications for F (academic student), J (exchange visitor), or M (vocational student) visas, conduct in-person interviews where appropriate prior to final adjudication, and place special emphasis on terrorist activity inadmissibility grounds (INA §212(a)(3)(B)); (2) ensure such personnel conduct on-site reviews of applications and documentation they deem appropriate prior to final adjudication; and (3) update, in consultation with the Secretary of State, the DHS-State memorandum of understanding to clarify roles and responsibilities regarding these duties.

This section revises functions of the Assistant Secretary of U.S. Immigration and Customs Enforcement (ICE) under the Homeland Security Act by redesignating existing paragraph (a)(5) as (a)(11); inserting new paragraphs (a)(5) through (a)(10) to strengthen administration of the Student and Exchange Visitor Program (SEVP)—which tracks nonimmigrant students and exchange visitors on F, J, and M visas via the Student and Exchange Visitor Information System (SEVIS) to ensure visa compliance—and adding subsection (d) definitions. (1) New (a)(5) requires the Secretary, within one year of enactment, to prescribe regulations requiring SEVP-participating institutions and sponsors to ensure covered students and exchange visitors are actively participating, not unobserved for more than 30 days during an academic term or 60 days otherwise, reported to the Department within 10 days of transfers or major changes, and observed at least every 60 days; it also requires defining program commencement. (2) New (a)(6) mandates enhanced SEVIS access for authorized users (at least two per institution/sponsor plus one per 200 students, all trained and cleared). (3) New (a)(7) requires technical support for SEVIS. (4) New (a)(8) directs SEVIS upgrades for data on academic standards and timely reporting. (5) New (a)(9) includes a savings clause permitting more frequent observations. (6) New (a)(10) authorizes immediate decertification of institutions/sponsors for egregious crimes or national security threats. (Thus, these changes aim to reduce student visa overstays and improve monitoring.) Subsection (d) defines "covered student," "observed" (physical/electronic identification), and "authorized user" (nominated and not on terrorist watchlists). This section further directs (b) a Comptroller General review of SEVP fees—analyzing FY2017–2019 and FY2020–2023 data on collections and costs including review, issuance, maintenance, data collection, and enforcement—and (c) biannual Secretary reports to congressional homeland security committees on out-of-compliance students and institutional reporting.