Short title

This Act may be cited as the

Student Visa Integrity Act

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.

Increased criminal penalties

(a)

Criminal penalty

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

(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).

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.

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.

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.

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)).

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.

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.

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.

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.

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.

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).