[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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