[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 523 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 523

 To provide for enhanced criminal penalties for individuals who file a 
           SEVP certification petition under false pretenses.


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                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2011

 Mr. Schumer (for himself, Mrs. Feinstein, Mr. Nelson of Florida, Mrs. 
  McCaskill, and Mr. Tester) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. VISA FRAUD.

    (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
    ``Any person who knowingly, and for pecuniary gain, while 
representing himself or herself as a principal, officer, or director of 
an educational institution, files 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 not more than 15 years, or both.''.
    (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.''.

SEC. 2. 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 section 1.
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