[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'').
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