[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3527 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3527

 To provide for enhanced criminal penalties for individuals who file a 
SEVP certification petition under false pretenses, to prohibit certain 
schools from accessing SEVIS or participating in the SEVP and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 11, 2012

   Mr. Schumer (for himself, Mr. Grassley, Mrs. Feinstein, and Mrs. 
  McCaskill) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for enhanced criminal penalties for individuals who file a 
SEVP certification petition under false pretenses, to prohibit certain 
schools from accessing SEVIS or participating in the SEVP 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 Integrity Act''.

SEC. 2. SEVIS AND SEVP DEFINED.

    In this Act:
            (1) SEVIS.--The term ``SEVIS'' means the Student and 
        Exchange Visitor Information System of the Department of 
        Homeland Security.
            (2) SEVP.--The term ``SEVP'' means the Student and Exchange 
        Visitor Program of the Department of Homeland Security.

SEC. 3. INCREASED CRIMINAL PENALTIES.

    (a) Criminal Penalty.--Chapter 75 of title 18, United States Code, 
is amended by adding at the end the following:
``Sec. 1548. Filing of certification petition under false pretenses
    ``(a) In General.--Any person who, while representing himself or 
herself as a principal, officer, director, or any other official of an 
educational institution, knowingly files a petition or provides 
evidence for a petition for certification or recertification with the 
Student and Exchange Visitor Program for attendance at such institution 
of nonimmigrant students under subparagraph (F)(i) or (M)(i) of section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) under false pretenses, or attempts or conspires to do so, 
shall be fined under this title, imprisoned for at least 2 years and 
not more than 15 years, or both.
    ``(b) Definition.--As used in this section, the term `false 
pretenses' includes making a materially false statement or providing 
materially false information to the Secretary of Homeland Security with 
regard to any aspect of the Student and Exchange Visitor Program.''.
    (b) Clerical Amendment.--The table of sections for chapter 75 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1548. Filing of certification petition under false pretenses.''.
    (c) Sentencing Guidelines.--Pursuant to its authority under section 
994 of title 28, United States Code, the United States Sentencing 
Commission shall amend the Federal Sentencing Guidelines and policy 
statements to reflect the penalties applicable to persons convicted of 
violating section 1548 of title 18, United States Code, as added by 
subsection (a).

SEC. 4. ACCREDITATION REQUIREMENT.

    Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended--
            (1) in paragraph (15)(F)(i)--
                    (A) by striking ``section 214(l) at an established 
                college, university, seminary, conservatory, academic 
                high school, elementary school, or other academic 
                institution or in an accredited language training 
                program in the United States'' and inserting ``section 
                214(m) at an accredited college, university, or 
                language training program, or at an established 
                seminary, conservatory, academic high school, or 
                elementary school''; and
                    (B) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security''; and
            (2) by amending paragraph (52) to read as follows:
    ``(52) Except as provided in section 214(m)(4), the term 
`accredited college, university, or language training program' means a 
college, university, or language training program that is accredited by 
an accrediting agency recognized by the Secretary of Education.''.

SEC. 5. OTHER REQUIREMENTS FOR ACADEMIC INSTITUTIONS.

    Section 214(m) of the Immigration and Nationality Act (8 U.S.C. 
1184(m)) is amended by adding at the end the following:
    ``(3) The Secretary of Homeland Security shall require 
accreditation of an academic institution (except for seminaries or 
other religious institutions) for purposes of section 101(a)(15)(F) 
if--
            ``(A) that institution is not already required to be 
        accredited under section 101(a)(15)(F)(i); and
            ``(B) an appropriate accrediting agency recognized by the 
        Secretary of Education is able to provide such accreditation.
    ``(4) The Secretary of Homeland Security, in the Secretary's 
discretion, may waive the accreditation requirement in section 
101(a)(15)(F)(i) with respect to an accredited college, university, or 
language training program if the academic institution--
            ``(A) is otherwise in compliance with the requirements of 
        such section; and
            ``(B) is, on the date of the enactment of the Student Visa 
        Integrity Act, a candidate for accreditation or, after such 
        date, has been a candidate for accreditation for at least 1 
        year and continues to progress toward accreditation by an 
        accreditation agency recognized by the Secretary of 
        Education.''.

SEC. 6. STUDENT START DATE FOR PROGRAM TO COLLECT INFORMATION RELATING 
              TO FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM 
              PARTICIPANTS.

    (a) Student Start Date.--Section 641(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)) is 
amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following:
            ``(4) Student start date.--Not later than one year after 
        the date of the enactment of the Student Visa Integrity Act, 
        the Secretary of Homeland Security may issue regulations that 
        set a start date for the program for an academic term at each 
        approved institution of higher education or other approved 
        educational institution.''.
    (b) Technical Amendments.--Section 641 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is 
amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subsection (a)(4), by striking ``Immigration and 
        Naturalization Service'' and inserting ``Secretary of Homeland 
        Security''; and
            (3) in subsection (e)(4)(A), by striking ``Attorney 
        General's'' and inserting ``Secretary's''.

SEC. 7. VISA FRAUD.

    (a) Immediate Withdrawal of SEVP Certification.--Section 641(d) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1372(d)) is amended--
            (1) in paragraph (1)(A), by striking ``institution,,'' and 
        inserting ``institution,''; and
            (2) by adding at the end the following:
            ``(3) Effect of reasonable suspicion of fraud.--If the 
        Secretary of Homeland Security has reasonable suspicion that an 
        owner of, or a designated school official at, an approved 
        institution of higher education, an other approved educational 
        institution, or a designated exchange visitor program has 
        committed fraud or attempted to commit fraud relating to any 
        aspect of the Student and Exchange Visitor Program, the 
        Secretary may immediately--
                    ``(A) withdraw such certification without prior 
                notification; and
                    ``(B) terminate such official's or such school's 
                access to the Student and Exchange Visitor Information 
                System (SEVIS).
            ``(4) Effect of indictment for fraud.--If an owner of, or a 
        designated school official at, an approved institution of 
        higher education, an other approved educational institution, or 
        a designated exchange visitor program is indicted for fraud 
        relating to any aspect of the Student and Exchange Visitor 
        Program, the Secretary of Homeland Security shall immediately--
                    ``(A) withdraw such certification without prior 
                notification during the pendency of the criminal 
                prosecution; and
                    ``(B) terminate such official's or such school's 
                access to SEVIS during such time.''.
    (b) Effect of Conviction for Visa Fraud.--Section 641(d) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as 
amended by subsection (a), is further amended by adding at the end the 
following:
            ``(5) Permanent disqualification for fraud.--A designated 
        school official at, or an owner of, an approved institution of 
        higher education, an other approved educational institution, or 
        a designated exchange visitor program who is convicted for 
        fraud relating to any aspect of the Student and Exchange 
        Visitor Program shall be permanently disqualified from filing 
        future petitions and from having an ownership interest or a 
        management role, including serving as a designated school 
        official, in any United States educational institution that 
        enrolls nonimmigrant alien students described in subparagraph 
        (F) or (M) of section 101(a)(15) the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)).''.

SEC. 8. BACKGROUND CHECKS AND USE OF E-VERIFY.

    (a) In General.--Section 641(d) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended 
by section 3, is further amended by adding at the end the following:
            ``(6) Background check requirement.--
                    ``(A) In general.--An individual may not serve as a 
                designated school official or be granted access to 
                SEVIS unless the individual is a national of the United 
                States or an alien lawfully admitted for permanent 
                residence and during the most recent 3-year period--
                            ``(i) the Secretary of Homeland Security 
                        has--
                                    ``(I) conducted a thorough 
                                background check on the individual, 
                                including a review of the individual's 
                                criminal and sex offender history and 
                                the verification of the individual's 
                                immigration status by the school 
                                through the E-Verify Program described 
                                in section 403(a); and
                                    ``(II) determined that the 
                                individual has not been convicted of 
                                any violation of United States 
                                immigration law, any offense under 
                                title 18, United States Code, or any 
                                analogous State law, and is not a risk 
                                to national security of the United 
                                States; and
                            ``(ii) the individual has successfully 
                        completed an on-line training course on SEVP 
                        and SEVIS, which has been developed by the 
                        Secretary.
                    ``(B) Interim designated school official.--
                            ``(i) In general.--An individual may serve 
                        as an interim designated school official during 
                        the period that the Secretary is conducting the 
                        background check required by subparagraph 
                        (A)(i)(I).
                            ``(ii) Reviews by the secretary.--If an 
                        individual serving as an interim designated 
                        school official under clause (i) does not 
                        successfully complete the background check 
                        required by subparagraph (A)(i)(I), the 
                        Secretary shall review each Form I-20 issued by 
                        such interim designated school official.
            ``(7) Fee.--The Secretary is authorized to collect a fee 
        from an approved school for each background check conducted 
        under paragraph (6)(A)(i). The amount of such fee shall be 
        equal to the average amount expended by the Secretary to 
        conducted such background checks.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 1 year after the date of the enactment 
of this Act.

SEC. 9. REVOCATION OF AUTHORITY TO ISSUE FORM I-20.

    (a) Flight Schools Not Certified by FAA.--Immediately upon the 
enactment of this Act, the Secretary of Homeland Security shall 
prohibit any flight school in the United States from accessing SEVIS or 
issuing a Form I-20 to an alien seeking a student visa pursuant to 
subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)) if the flight school has not 
been certified to the satisfaction of the Secretary and by the Federal 
Aviation Administration pursuant to part 141 or part 142 of title 14, 
Code of Federal Regulations (or similar successor regulations).
    (b) Schools Not Licensed by a State.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall prohibit any school or designated school official in the 
United States from accessing the SEVIS or issuing a Form I-20 to an 
alien seeking a student visa pursuant to section subparagraph (F)(i) or 
(M)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)) if the school that has not been licensed or 
authorized to offer a post-secondary credential by a State. The 
Secretary may waive the application of this paragraph for religious-
affiliated, elementary, or secondary schools.

SEC. 10. REVOCATION OF ACCREDITATION.

    At the time an accrediting agency or association is required to 
notify the Secretary of Education and the appropriate State licensing 
or authorizing agency of the final denial, withdrawal, suspension, or 
termination of accreditation of an institution pursuant to section 496 
of the Higher Education Act of 1965 (20 U.S.C. 1099b), such accrediting 
agency or association shall notify the Secretary of Homeland Security 
of such determination and the Secretary of Homeland Security shall 
immediately withdraw the school from the SEVP and prohibit the school 
from accessing SEVIS.

SEC. 11. REPORT ON RISK ASSESSMENT.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report that contains the risk assessment 
strategy that will be employed by the Secretary to identify, 
investigate, and take appropriate action against schools and school 
officials that are facilitating the issuance of Form I-20 and the 
maintenance of student visa status in violation of the immigration laws 
of the United States.

SEC. 12. IMPLEMENTATION OF GAO RECOMMENDATIONS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report that describes--
            (1) the process in place to identify and assess risks in 
        the SEVP;
            (2) a risk assessment process to allocate SEVP's resources 
        based on risk;
            (3) the procedures in place for consistently ensuring a 
        school's eligibility, including consistently verifying in lieu 
        of letters;
            (4) how SEVP identified and addressed missing school case 
        files;
            (5) a plan to develop and implement a process to monitor 
        state licensing and accreditation status of all SEVP-certified 
        schools;
            (6) whether all flight schools that have not been certified 
        to the satisfaction of the Secretary and by the Federal 
        Aviation Administration have been removed from the program and 
        have been restricted from accessing SEVIS;
            (7) the standard operating procedures that govern 
        coordination among SEVP, Counterterrorism and Criminal 
        Exploitation Unit, and U.S. Immigration and Customs Enforcement 
        field offices; and
            (8) the established criteria for referring cases of a 
        potentially criminal nature from SEVP to the counterterrorism 
        and intelligence community.

SEC. 13. IMPLEMENTATION OF SEVIS II.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary of Homeland Security shall complete the deployment of 
both phases of the 2nd generation Student and Exchange Visitor 
Information System (commonly known as ``SEVIS II'').
                                 <all>