,,ii #aacth ,,congress #b;d ,session ,s4 #bgha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #i1 #bjad ,mr4 ,grassley 7for himself and ,mrs4 ,mc,caskill7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to improve student and exchange visitor visa programs4 #a4 ,short title ,this ,act may be cited as the ,student ,visa ,integrity ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,,sevis ,the term ,,sevis means the ,student and ,exchange ,visitor ,information ,system of the ,department of ,homeland ,security4 7#b7 ,,sevp ,the term ,,sevp means the ,student and ,exchange ,visitor ,program of the ,department of ,homeland ,security4 #c4 ,increased criminal penalties ,section #aedf7;a7 of title #ah1 ,united ,states ,code1 is amended by striking #aj years and inserting #ae years 7if the offense was committed by an owner1 official1 employee1 or agent of an educational institution with respect to such institution's participation in the ,student and ,exchange ,visitor ,program71 #aj years4 #d4 ,accreditation requirement ,section #aja7;a77#eb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#eb77 is amended to read as follows3 7#eb7 ,except as provided in section #bad7m77#d71 the term accredited college1 university1 or language training program means a college1 university1 or language training program that is accredited by an accrediting agency recognized by the ,secretary of ,education4 4 #e4 ,other academic institutions ,section #bad7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7m77 is amended by adding at the end the following3 7#c7 ,the ,secretary of ,homeland ,security shall require accreditation of an academic institution 7except for seminaries or other religious institutions7 for purposes of section #aja7;a77#ae77;,f7 if-- 7,a7 that institution is not already required to be accredited under section #aja7;a77#ae77;,f77i72 and 7,b7 an appropriate accrediting agency recognized by the ,secretary of ,education is able to provide such accreditation4 7#d7 ,the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may waive the accreditation requirement in section #aja7;a77#ae77;,f77i7 with respect to an accredited college1 university1 or language training program if the academic institution-- 7,a7 is otherwise in compliance with the requirements of such section2 and 7,b7 7i7 was1 on the date of the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 a candidate for accreditation2 or 7ii7 has been a candidate for accreditation after such date for at least #a year and continues to progress toward accreditation by an accreditation agency recognized by the ,secretary of ,education4 4 #f4 ,penalties for failure to comply with ,,sevis reporting requirements ,section #fda of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7 is amended-- 7#a7 in subsection 7c77#a7-- 7,a7 by striking institution11 each place such term appears and inserting institution12 and 7,b7 in subparagraph 7,d71 by striking and at the end2 and 7#b7 in subsection 7d77#b71 by striking fails to provide the specified information and all that follows and inserting 8does not comply with the reporting requirements set forth in this section1 the ,secretary of ,homeland ,security may-- 7,a7 impose a monetary fine on such institution in an amount to be determined by the ,secretary2 and 7,b7 suspend the authority of such institution to issue a ,form ,i-#bj to any alien4 4 #g4 ,visa fraud 7a7 ,immediate withdrawal of ,,sevp certification ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;d771 as amended by section #f7b71 is further amended-- 7#a7 in paragraph 7#a77;,a71 by striking institution11 and inserting institution12 and 7#b7 by adding at the end the following3 7#c7 ,effect of reasonable suspicion of fraud ,if the ,secretary of ,homeland ,security has reasonable suspicion that an owner of1 or a designated school official at1 an approved institution of higher education1 an other approved educational institution1 or a designated exchange visitor program has committed fraud or attempted to commit fraud relating to any aspect of the ,student and ,exchange ,visitor ,program1 or if such owner or designated school official is indicted for such fraud1 the ,secretary may immediately-- 7,a7 suspend such certification without prior notification2 and 7,b7 suspend such official's or such school's access to the ,student and ,exchange ,visitor ,information ,system 7referred to in this subsection as ,,sevis74 4 7b7 ,effect of conviction for visa fraud ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 as amended by this ,act1 is further amended by adding at the end the following3 7#d7 ,permanent disqualification for fraud ,a designated school official at1 or an owner of1 an approved institution of higher education1 an other approved educational institution1 or a designated exchange visitor program who is convicted for fraud relating to any aspect of the ,student and ,exchange ,visitor ,program 7referred to in this subsection as ,,sevp7 shall be permanently disqualified from filing future petitions and from having an ownership interest or a management role 7including serving as a principal1 owner1 officer1 board member1 general partner1 designated school official1 or any other position of substantive authority for the operations or management of the institution7 in any ,united ,states educational institution that enrolls nonimmigrant alien students described in subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 4 #h4 ,background checks 7a7 ,in general ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;d771 as amended by this ,act1 is further amended by adding at the end the following3 7#e7 ,background check requirement 7,a7 ,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 #c-year period-- 7i7 the ,secretary of ,homeland ,security has-- 7,i7 conducted a thorough background check on the individual1 including-- 7aa7 a review of the individual's criminal and sex offender history2 and 7bb7 the verification of the individual's immigration status2 and 7,,ii7 determined that the individual-- 7aa7 has passed the background check required under subclause 7,i72 7bb7 has not been convicted of any violation of ,united ,states immigration law2 and 7cc7 is not a risk to the national security of the ,united ,states2 and 7ii7 the individual has successfully completed an on-line training course on ,,sevp and ,,sevis1 which has been developed by the ,secretary4 7,b7 ,interim designated school official 7i7 ,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 7,a77i77,i74 7ii7 ,reviews by the ,secretary ,if an individual serving as an interim designated school official under clause 7i7 does not successfully complete the background check required by subparagraph 7,a77i77,i71 the ,secretary shall review each ,form ,i-#bj issued by such interim designated school official4 7#f7 ,fee ,the ,secretary is authorized to collect a fee from an approved school for each background check conducted under paragraph 7#e77;,a77i74 ,the amount of such fee shall be equal to the average amount expended by the ,secretary to conduct such background checks4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #a year after the date of the enactment of this ,act4 #i4 ,revocation of authority to issue ,form ,i-#bj of flight schools not certified by the ,federal ,aviation ,administration ,immediately upon the enactment of this ,act1 the ,secretary shall prohibit any flight school in the ,united ,states from accessing ,,sevis or issuing a ,form ,i-#bj to an alien seeking a student visa pursuant to subparagraph 7,f77i7 or 7,m77i7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 if the flight school has not been certified to the satisfaction of the ,secretary and by the ,federal ,aviation ,administration pursuant to part #ada or part #adb of title #ad1 ,code of ,federal ,regulations 7or similar successor regulations74 #aj4 ,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 denial1 withdrawal1 suspension1 or termination of accreditation of an institution pursuant to section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7-- 7#a7 such accrediting agency or association shall notify the ,secretary of ,homeland ,security of such determination2 and 7#b7 the ,secretary of ,homeland ,security shall immediately withdraw the school from the ,,sevp and prohibit the school from accessing ,,sevis4 #aa4 ,report on risk assessment ,not later than #ahj days after the date of the enactment of this ,act1 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 identify1 investigate1 and take appropriate action against schools and school officials that are facilitating the issuance of ,form ,i-#bj and the maintenance of student visa status in violation of the immigration laws of the ,united ,states4 #ab4 ,implementation of ,,gao recommendations ,not later than #ahj days after the date of the enactment of this ,act1 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-- 7#a7 the process in place to identify and assess risks in the ,,sevp2 7#b7 a risk assessment process to allocate ,,sevp's resources based on risk2 7#c7 the procedures in place for consistently ensuring a school's eligibility1 including consistently verifying in lieu of letters2 7#d7 how ,,sevp identified and addressed missing school case files2 7#e7 a plan to develop and implement a process to monitor ,state licensing and accreditation status of all ,,sevp-certified schools2 7#f7 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 ,,sevis2 7#g7 the standard operating procedures that govern coordination among ,,sevp1 the ,counterterrorism and ,criminal ,exploitation ,unit1 and ,u4,s4 ,immigration and ,customs ,enforcement field offices2 and 7#h7 the established criteria for referring cases of a potentially criminal nature from ,,sevp to the counterterrorism and intelligence community4 #ac4 ,implementation of ,,sevis ,,ii ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall complete the deployment of both phases of the second generation ,student and ,exchange ,visitor ,information ,system 7commonly known as ,,sevis ,,ii74