II 

112TH CONGRESS 

2D SESSION S. 3527 

To provide for enhanced criminal penalties for individuals who file a SEVP 

certification petition under false pretenses, to prohibit certain schools 

from accessing SEVIS or participating in the SEVP and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 11, 2012 

Mr. SCHUMER (for himself, Mr. GRASSLEY, Mrs. FEINSTEIN, and Mrs. 

MCCASKILL) 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, to prohibit certain schools from accessing SEVIS 

or participating in the SEVP and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Student Visa Integrity 

5 Act’’. 

6 SEC. 2. SEVIS AND SEVP DEFINED. 

7 In this Act: 


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1 (1) SEVIS.—The term ‘‘SEVIS’’ means the 

2 Student and Exchange Visitor Information System 

3 of the Department of Homeland Security. 

4 (2) SEVP.—The term ‘‘SEVP’’ means the Stu5 dent and Exchange Visitor Program of the Depart6 ment of Homeland Security. 

7 SEC. 3. INCREASED CRIMINAL PENALTIES. 

8 (a) CRIMINAL PENALTY.—Chapter 75 of title 18, 

9 United States Code, is amended by adding at the end the 

10 following: 

11 ‘‘§ 1548. Filing of certification petition under false 

12 pretenses 

13 ‘‘(a) IN GENERAL.—Any person who, while rep14 resenting himself or herself as a principal, officer, director, 

15 or any other official of an educational institution, know16 ingly files a petition or provides evidence for a petition 

17 for certification or recertification with the Student and 

18 Exchange Visitor Program for attendance at such institu19 tion of nonimmigrant students under subparagraph (F)(i) 

20 or (M)(i) of section 101(a)(15) of the Immigration and 

21 Nationality Act (8 U.S.C. 1101(a)(15)) under false pre22 tenses, or attempts or conspires to do so, shall be fined 

23 under this title, imprisoned for at least 2 years and not 

24 more than 15 years, or both. 


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1 ‘‘(b) DEFINITION.—As used in this section, the term 

2 ‘false pretenses’ includes making a materially false state3 ment or providing materially false information to the Sec4 retary of Homeland Security with regard to any aspect 

5 of the Student and Exchange Visitor Program.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 for chapter 75 of title 18, United States Code, is amended 

8 by adding at the end the following: 

‘‘1548. Filing of certification petition under false pretenses.’’. 

9 (c) SENTENCING GUIDELINES.—Pursuant to its au10 thority under section 994 of title 28, United States Code, 

11 the United States Sentencing Commission shall amend the 

12 Federal Sentencing Guidelines and policy statements to 

13 reflect the penalties applicable to persons convicted of vio14 lating section 1548 of title 18, United States Code, as 

15 added by subsection (a). 

16 SEC. 4. ACCREDITATION REQUIREMENT. 

17 Section 101(a) of the Immigration and Nationality 

18 Act (8 U.S.C. 1101(a)) is amended— 

19 (1) in paragraph (15)(F)(i)— 

20 (A) by striking ‘‘section 214(l) at an estab21 lished college, university, seminary, conserv22 atory, academic high school, elementary school, 

23 or other academic institution or in an accred24 ited language training program in the United 

25 States’’ and inserting ‘‘section 214(m) at an acVerDate Mar 15 2010 02:59 Sep 12, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3527.IS S3527

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1 credited college, university, or language training 

2 program, or at an established seminary, con3 servatory, academic high school, or elementary 

4 school’’; and 

5 (B) by striking ‘‘Attorney General’’ each 

6 place such term appears and inserting ‘‘Sec7 retary of Homeland Security’’; and 

8 (2) by amending paragraph (52) to read as fol9 lows: 

10 ‘‘(52) Except as provided in section 214(m)(4), the 

11 term ‘accredited college, university, or language training 

12 program’ means a college, university, or language training 

13 program that is accredited by an accrediting agency recog14 nized by the Secretary of Education.’’. 

15 SEC. 5. OTHER REQUIREMENTS FOR ACADEMIC INSTITU16 TIONS. 

17 Section 214(m) of the Immigration and Nationality 

18 Act (8 U.S.C. 1184(m)) is amended by adding at the end 

19 the following: 

20 ‘‘(3) The Secretary of Homeland Security shall re21 quire accreditation of an academic institution (except for 

22 seminaries or other religious institutions) for purposes of 

23 section 101(a)(15)(F) if— 

24 ‘‘(A) that institution is not already required to 

25 be accredited under section 101(a)(15)(F)(i); and 


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1 ‘‘(B) an appropriate accrediting agency recog2 nized by the Secretary of Education is able to pro3 vide such accreditation. 

4 ‘‘(4) The Secretary of Homeland Security, in the Sec5 retary’s discretion, may waive the accreditation require6 ment in section 101(a)(15)(F)(i) with respect to an ac7 credited college, university, or language training program 

8 if the academic institution— 

9 ‘‘(A) is otherwise in compliance with the re10 quirements of such section; and 

11 ‘‘(B) is, on the date of the enactment of the 

12 Student Visa Integrity Act, a candidate for accredi13 tation or, after such date, has been a candidate for 

14 accreditation for at least 1 year and continues to 

15 progress toward accreditation by an accreditation 

16 agency recognized by the Secretary of Education.’’. 

17 SEC. 6. STUDENT START DATE FOR PROGRAM TO COLLECT 

18 INFORMATION RELATING TO FOREIGN STU19 DENTS AND OTHER EXCHANGE PROGRAM 

20 PARTICIPANTS. 

21 (a) STUDENT START DATE.—Section 641(a) of the 

22 Illegal Immigration Reform and Immigrant Responsibility 

23 Act of 1996 (8 U.S.C. 1372(a)) is amended— 

24 (1) by redesignating paragraph (4) as para25 graph (5); and 


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1 (2) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) STUDENT START DATE.—Not later than 

4 one year after the date of the enactment of the Stu5 dent Visa Integrity Act, the Secretary of Homeland 

6 Security may issue regulations that set a start date 

7 for the program for an academic term at each ap8 proved institution of higher education or other ap9 proved educational institution.’’. 

10 (b) TECHNICAL AMENDMENTS.—Section 641 of the 

11 Illegal Immigration Reform and Immigrant Responsibility 

12 Act of 1996 (8 U.S.C. 1372) is amended— 

13 (1) by striking ‘‘Attorney General’’ each place 

14 that term appears and inserting ‘‘Secretary of 

15 Homeland Security’’; 

16 (2) in subsection (a)(4), by striking ‘‘Immigra17 tion and Naturalization Service’’ and inserting ‘‘Sec18 retary of Homeland Security’’; and 

19 (3) in subsection (e)(4)(A), by striking ‘‘Attor20 ney General’s’’ and inserting ‘‘Secretary’s’’. 

21 SEC. 7. VISA FRAUD. 

22 (a) IMMEDIATE WITHDRAWAL OF SEVP CERTIFI23 CATION.—Section 641(d) of the Illegal Immigration Re24 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

25 1372(d)) is amended— 


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1 (1) in paragraph (1)(A), by striking ‘‘institu2 tion,,’’ and inserting ‘‘institution,’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(3) EFFECT OF REASONABLE SUSPICION OF

5 FRAUD.—If the Secretary of Homeland Security has 

6 reasonable suspicion that an owner of, or a des7 ignated school official at, an approved institution of 

8 higher education, an other approved educational in9 stitution, or a designated exchange visitor program 

10 has committed fraud or attempted to commit fraud 

11 relating to any aspect of the Student and Exchange 

12 Visitor Program, the Secretary may immediately— 

13 ‘‘(A) withdraw such certification without 

14 prior notification; and 

15 ‘‘(B) terminate such official’s or such 

16 school’s access to the Student and Exchange 

17 Visitor Information System (SEVIS). 

18 ‘‘(4) EFFECT OF INDICTMENT FOR FRAUD.—If 

19 an owner of, or a designated school official at, an 

20 approved institution of higher education, an other 

21 approved educational institution, or a designated ex22 change visitor program is indicted for fraud relating 

23 to any aspect of the Student and Exchange Visitor 

24 Program, the Secretary of Homeland Security shall 

25 immediately— 


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1 ‘‘(A) withdraw such certification without 

2 prior notification during the pendency of the 

3 criminal prosecution; and 

4 ‘‘(B) terminate such official’s or such 

5 school’s access to SEVIS during such time.’’. 

6 (b) EFFECT OF CONVICTION FOR VISA FRAUD.—Sec7 tion 641(d) of the Illegal Immigration Reform and Immi8 grant Responsibility Act of 1996, as amended by sub9 section (a), is further amended by adding at the end the 

10 following: 

11 ‘‘(5) PERMANENT DISQUALIFICATION FOR

12 FRAUD.—A designated school official at, or an owner 

13 of, an approved institution of higher education, an 

14 other approved educational institution, or a des15 ignated exchange visitor program who is convicted 

16 for fraud relating to any aspect of the Student and 

17 Exchange Visitor Program shall be permanently dis18 qualified from filing future petitions and from hav19 ing an ownership interest or a management role, in20 cluding serving as a designated school official, in any 

21 United States educational institution that enrolls 

22 nonimmigrant alien students described in subpara23 graph (F) or (M) of section 101(a)(15) the Immi24 gration and Nationality Act (8 U.S.C. 

25 1101(a)(15)).’’. 


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1 SEC. 8. BACKGROUND CHECKS AND USE OF E-VERIFY. 

2 (a) IN GENERAL.—Section 641(d) of the Illegal Im3 migration Reform and Immigrant Responsibility Act of 

4 1996 (8 U.S.C. 1372(d)), as amended by section 3, is fur5 ther amended by adding at the end the following: 

6 ‘‘(6) BACKGROUND CHECK REQUIREMENT.— 

7 ‘‘(A) IN GENERAL.—An individual may not 

8 serve as a designated school official or be grant9 ed access to SEVIS unless the individual is a 

10 national of the United States or an alien law11 fully admitted for permanent residence and dur12 ing the most recent 3-year period— 

13 ‘‘(i) the Secretary of Homeland Secu14 rity has— 

15 ‘‘(I) conducted a thorough back16 ground check on the individual, in17 cluding a review of the individual’s 

18 criminal and sex offender history and 

19 the verification of the individual’s im20 migration status by the school 

21 through the E-Verify Program de22 scribed in section 403(a); and 

23 ‘‘(II) determined that the indi24 vidual has not been convicted of any 

25 violation of United States immigration 

26 law, any offense under title 18, 


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1 United States Code, or any analogous 

2 State law, and is not a risk to na3 tional security of the United States; 

4 and 

5 ‘‘(ii) the individual has successfully 

6 completed an on-line training course on 

7 SEVP and SEVIS, which has been devel8 oped by the Secretary. 

9 ‘‘(B) INTERIM DESIGNATED SCHOOL OFFI10 CIAL.— 

11 ‘‘(i) IN GENERAL.—An individual may 

12 serve as an interim designated school offi13 cial during the period that the Secretary is 

14 conducting the background check required 

15 by subparagraph (A)(i)(I). 

16 ‘‘(ii) REVIEWS BY THE SECRETARY.— 

17 If an individual serving as an interim des18 ignated school official under clause (i) does 

19 not successfully complete the background 

20 check required by subparagraph (A)(i)(I), 

21 the Secretary shall review each Form I–20 

22 issued by such interim designated school 

23 official. 

24 ‘‘(7) FEE.—The Secretary is authorized to col25 lect a fee from an approved school for each backVerDate Mar 15 2010 02:59 Sep 12, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3527.IS S3527

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1 ground check conducted under paragraph (6)(A)(i). 

2 The amount of such fee shall be equal to the average 

3 amount expended by the Secretary to conducted 

4 such background checks.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall take effect on the date that is 1 year 

7 after the date of the enactment of this Act. 

8 SEC. 9. REVOCATION OF AUTHORITY TO ISSUE FORM I–20. 

9 (a) FLIGHT SCHOOLS NOT CERTIFIED BY FAA.— 

10 Immediately upon the enactment of this Act, the Secretary 

11 of Homeland Security shall prohibit any flight school in 

12 the United States from accessing SEVIS or issuing a 

13 Form I–20 to an alien seeking a student visa pursuant 

14 to subparagraph (F)(i) or (M)(i) of section 101(a)(15) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1101(a)(15)) if the flight school has not been certified to 

17 the satisfaction of the Secretary and by the Federal Avia18 tion Administration pursuant to part 141 or part 142 of 

19 title 14, Code of Federal Regulations (or similar successor 

20 regulations). 

21 (b) SCHOOLS NOT LICENSED BY A STATE.—Not 

22 later than 180 days after the date of the enactment of 

23 this Act, the Secretary of Homeland Security shall pro24 hibit any school or designated school official in the United 

25 States from accessing the SEVIS or issuing a Form I– 


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1 20 to an alien seeking a student visa pursuant to section 

2 subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the 

3 Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) 

4 if the school that has not been licensed or authorized to 

5 offer a post-secondary credential by a State. The Sec6 retary may waive the application of this paragraph for reli7 gious-affiliated, elementary, or secondary schools. 

8 SEC. 10. REVOCATION OF ACCREDITATION. 

9 At the time an accrediting agency or association is 

10 required to notify the Secretary of Education and the ap11 propriate State licensing or authorizing agency of the final 

12 denial, withdrawal, suspension, or termination of accredi13 tation of an institution pursuant to section 496 of the 

14 Higher Education Act of 1965 (20 U.S.C. 1099b), such 

15 accrediting agency or association shall notify the Secretary 

16 of Homeland Security of such determination and the Sec17 retary of Homeland Security shall immediately withdraw 

18 the school from the SEVP and prohibit the school from 

19 accessing SEVIS. 

20 SEC. 11. REPORT ON RISK ASSESSMENT. 

21 Not later than 180 days after the date of the enact22 ment of this Act, the Secretary of Homeland Security shall 

23 submit to the Committee on the Judiciary of the Senate 

24 and the Committee on the Judiciary of the House of Rep25 resentatives a report that contains the risk assessment 


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1 strategy that will be employed by the Secretary to identify, 

2 investigate, and take appropriate action against schools 

3 and school officials that are facilitating the issuance of 

4 Form I–20 and the maintenance of student visa status 

5 in violation of the immigration laws of the United States. 

6 SEC. 12. IMPLEMENTATION OF GAO RECOMMENDATIONS. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Secretary of Homeland Security shall 

9 submit to the Committee on the Judiciary of the Senate 

10 and the Committee on the Judiciary of the House of Rep11 resentatives a report that describes— 

12 (1) the process in place to identify and assess 

13 risks in the SEVP; 

14 (2) a risk assessment process to allocate 

15 SEVP’s resources based on risk; 

16 (3) the procedures in place for consistently en17 suring a school’s eligibility, including consistently 

18 verifying in lieu of letters; 

19 (4) how SEVP identified and addressed missing 

20 school case files; 

21 (5) a plan to develop and implement a process 

22 to monitor state licensing and accreditation status of 

23 all SEVP-certified schools; 

24 (6) whether all flight schools that have not been 

25 certified to the satisfaction of the Secretary and by 


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1 the Federal Aviation Administration have been re2 moved from the program and have been restricted 

3 from accessing SEVIS; 

4 (7) the standard operating procedures that gov5 ern coordination among SEVP, Counterterrorism 

6 and Criminal Exploitation Unit, and U.S. Immigra7 tion and Customs Enforcement field offices; and 

8 (8) the established criteria for referring cases of 

9 a potentially criminal nature from SEVP to the 

10 counterterrorism and intelligence community. 

11 SEC. 13. IMPLEMENTATION OF SEVIS II. 

12 Not later than 2 years after the date of the enact13 ment of this Act, the Secretary of Homeland Security shall 

14 complete the deployment of both phases of the 2nd genera15 tion Student and Exchange Visitor Information System 

16 (commonly known as ‘‘SEVIS II’’). 

Æ 


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