1129 
after such date, has been a candidate for accredita-
tion for at least 1 year and continues to progress to-
ward accreditation by an accreditation agency recog-
nized by the Secretary of Education.’’. 
SEC. 4906. 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 it 
appears and inserting ‘‘institution,’’; and 
(B) in subparagraph (D), by striking 
‘‘and’’ at the end; 
(2) in subsection (d)(2), by striking ‘‘fails to 
provide the specified information’’ and all that fol-
lows and inserting ‘‘does not comply with the report-
ing requirements set forth in this section, the Sec-
retary of Homeland Security may— 
‘‘(A) impose a monetary fine on such insti-
tution in an amount to be determined by the 
Secretary; and 
‘‘(B) suspend the authority of such institu-
tion to issue a Form I–20 to any alien.’’. 
VerDate Mar 15 2010 
02:25 Oct 04, 2013
Jkt 039200
PO 00000
Frm 01129
Fmt 6652
Sfmt 6201
E:\BILLS\H15.IH
H15
tkelley on DSK3SPTVN1PROD with BILLS
1130 
SEC. 4907. VISA FRAUD. 
(a) IMMEDIATE WITHDRAWAL OF SEVP CERTIFI-
CATION.—Section 641(d) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1372(d)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘institu-
tion,,’’ 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 des-
ignated school official at, an approved institution of 
higher education, an other approved educational in-
stitution, 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 Sec-
retary 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 (SEVIS).’’. 
(b) EFFECT OF CONVICTION FOR VISA FRAUD.—Sec-
tion 641(d) of the Illegal Immigration Reform and Immi-
VerDate Mar 15 2010 
02:25 Oct 04, 2013
Jkt 039200
PO 00000
Frm 01130
Fmt 6652
Sfmt 6201
E:\BILLS\H15.IH
H15
tkelley on DSK3SPTVN1PROD with BILLS
1131 
grant Responsibility Act of 1996, as amended by sub-
section (a), is further amended by adding at the end the 
following: 
‘‘(5) 
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 des-
ignated exchange visitor program who is convicted 
for fraud relating to any aspect of the Student and 
Exchange Visitor Program shall be permanently dis-
qualified from filing future petitions and from hav-
ing an ownership interest or a management role (in-
cluding 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 subpara-
graph (F) or (M) of section 101(a)(15) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)).’’. 
SEC. 4908. BACKGROUND CHECKS. 
(a) IN GENERAL.—Section 641(d) of the Illegal Im-
migration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1372(d)), as amended by section 4907 of 
VerDate Mar 15 2010 
02:25 Oct 04, 2013
Jkt 039200
PO 00000
Frm 01131
Fmt 6652
Sfmt 6201
E:\BILLS\H15.IH
H15
tkelley on DSK3SPTVN1PROD with BILLS
1132 
this Act, is further amended by adding at the end the fol-
lowing: 
‘‘(6) BACKGROUND CHECK REQUIREMENT.— 
‘‘(A) IN GENERAL.—An individual may not 
serve as a designated school official or be grant-
ed access to SEVIS unless the individual is a 
national of the United States or an alien law-
fully admitted for permanent residence and dur-
ing the most recent 3-year period— 
‘‘(i) the Secretary of Homeland Secu-
rity has— 
‘‘(I) conducted a thorough back-
ground check on the individual, in-
cluding a review of the individual’s 
criminal and sex offender history and 
the verification of the individual’s im-
migration status; and 
‘‘(II) determined that the indi-
vidual— 
‘‘(aa) has not been convicted 
of any violation of United States 
immigration law; and 
‘‘(bb) is not a risk to the na-
tional security of the United 
States; and 
VerDate Mar 15 2010 
02:25 Oct 04, 2013
Jkt 039200
PO 00000
Frm 01132
Fmt 6652
Sfmt 6201
E:\BILLS\H15.IH
H15
tkelley on DSK3SPTVN1PROD with BILLS
1133 
‘‘(ii) the individual has successfully 
completed an on-line training course on 
SEVP and SEVIS, which has been devel-
oped by the Secretary. 
‘‘(B) INTERIM DESIGNATED SCHOOL OFFI-
CIAL.— 
‘‘(i) IN GENERAL.—An individual may 
serve as an interim designated school offi-
cial 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 des-
ignated 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. 
‘‘(7) FEE.—The Secretary is authorized to col-
lect a fee from an approved school for each back-
ground check conducted under paragraph (6)(A)(i). 
The amount of such fee shall be equal to the average 
amount expended by the Secretary to conduct such 
background checks.’’. 
VerDate Mar 15 2010 
02:25 Oct 04, 2013
Jkt 039200
PO 00000
Frm 01133
Fmt 6652
Sfmt 6201
E:\BILLS\H15.IH
H15
tkelley on DSK3SPTVN1PROD with BILLS