[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2781
To improve student and exchange visitor visa programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 9, 2014
Mr. Grassley (for himself and Mrs. McCaskill) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To improve student and exchange visitor visa programs.
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. DEFINITIONS.
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.
Section 1546(a) of title 18, United States Code, is amended by
striking ``10 years'' and inserting ``15 years (if the offense was
committed by an owner, official, employee, or agent of an educational
institution with respect to such institution's participation in the
Student and Exchange Visitor Program), 10 years''.
SEC. 4. ACCREDITATION REQUIREMENT.
Section 101(a)(52) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(52)) is amended 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 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)(i) was, on the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, a
candidate for accreditation; or
``(ii) has been a candidate for accreditation after such
date for at least 1 year and continues to progress toward
accreditation by an accreditation agency recognized by the
Secretary of Education.''.
SEC. 6. PENALTIES FOR FAILURE TO COMPLY WITH SEVIS REPORTING
REQUIREMENTS.
Section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372) is amended--
(1) in subsection (c)(1)--
(A) by striking ``institution,,'' each place such
term appears and inserting ``institution,''; and
(B) in subparagraph (D), by striking ``and'' at the
end; and
(2) in subsection (d)(2), by striking ``fails to provide
the specified information'' and all that follows and inserting
``does not comply with the reporting requirements set forth in
this section, the Secretary of Homeland Security may--
``(A) impose a monetary fine on such institution in
an amount to be determined by the Secretary; and
``(B) suspend the authority of such institution to
issue a Form I-20 to any alien.''.
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)), as amended by section 6(2), is further 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, or if such
owner or designated school official is indicted for such fraud,
the Secretary may immediately--
``(A) suspend such certification without prior
notification; and
``(B) suspend such official's or such school's
access to the Student and Exchange Visitor Information
System (referred to in this subsection as `SEVIS').''.
(b) Effect of Conviction for Visa Fraud.--Section 641(d) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as
amended by this Act, is further amended by adding at the end the
following:
``(4) 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 (referred to in this subsection as `SEVP')
shall be permanently disqualified from filing future petitions
and from having an ownership interest or a management role
(including serving as a principal, owner, officer, board
member, general partner, designated school official, or any
other position of substantive authority for the operations or
management of the institution) in any United States educational
institution that enrolls nonimmigrant alien students described
in subparagraph (F) or (M) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).''.
SEC. 8. BACKGROUND CHECKS.
(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 this Act, is further amended by adding at the end the following:
``(5) 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--
``(aa) a review of the
individual's criminal and sex
offender history; and
``(bb) the verification of
the individual's immigration
status; and
``(II) determined that the
individual--
``(aa) has passed the
background check required under
subclause (I);
``(bb) has not been
convicted of any violation of
United States immigration law;
and
``(cc) is not a risk to the
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.
``(6) Fee.--The Secretary is authorized to collect a fee
from an approved school for each background check conducted
under paragraph (5)(A)(i). The amount of such fee shall be
equal to the average amount expended by the Secretary to
conduct 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 OF FLIGHT SCHOOLS
NOT CERTIFIED BY THE FEDERAL AVIATION ADMINISTRATION.
Immediately upon the enactment of this Act, the Secretary 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).
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)--
(1) such accrediting agency or association shall notify the
Secretary of Homeland Security of such determination; and
(2) 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, the 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 second generation Student and Exchange Visitor
Information System (commonly known as ``SEVIS II'').
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