[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2555 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2555
To improve student and exchange visitor visa programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2025
Mr. Tuberville 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 of
2025''.
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 OF ACADEMIC INSTITUTIONS.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended--
(1) in section 101(a) (8 U.S.C. 1101(a))--
(A) in paragraph (15)(F)(i)--
(i) by striking ``section 214(l)'' and
inserting ``section 214(m)'';
(ii) by inserting ``language training
program,'' after ``elementary school,'';
(iii) by striking ``or in an accredited
language training program''; and
(iv) by striking ``Attorney General'' each
place such term appears and inserting
``Secretary of Homeland Security''; and
(B) by striking paragraph (52); and
(2) in section 214(m) (8 U.S.C. 1184(m)), by adding at the
end the following:
``(3)(A) The Secretary of Homeland Security or Secretary of State,
as appropriate, shall require accreditation of an academic institution
(except for a public elementary or secondary school), language training
program, or any program of study for which approval under subparagraph
(F) or (M) of section 101(a)(15), or designation under section
101(a)(15)(J), is sought or has been granted.
``(B) In this paragraph, the term `accreditation' means
accreditation by an accrediting agency recognized by the Secretary of
Education.
``(4)(A) The Secretary of Homeland Security, in the Secretary's
discretion, may waive the accreditation requirement under paragraph (3)
if--
``(i) the academic institution concerned is otherwise in
compliance with subparagraph (F), (J), or (M) of section
101(a)(15), as applicable, and section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372);
``(ii) an appropriate accrediting agency recognized by the
Secretary of Education is able to provide such accreditation;
and
``(iii) on the date of enactment of this paragraph, the
academic institution concerned has been a candidate for
accreditation for not less than 1 year and continues to make
appropriate progress toward accreditation by an accrediting
agency recognized by the Secretary of Education.
``(B) A waiver granted under this paragraph may not be valid for a
period longer than 1 year. Such waiver may be extended in 1-year
increments, provided the academic institution concerned continues to
satisfy the requirements of subparagraph (A), up to the maximum length
of time an academic institution may remain a candidate for
accreditation with the recognized accrediting agency.
``(C) The Secretary of Homeland Security shall maintain and publish
a current list of all academic institutions that have been granted a
waiver under this paragraph.''.
SEC. 5. REPORTING PAYMENT OF TUITION.
Section 641(c)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(I) the date on which full tuition has been paid
by the alien.''.
SEC. 6. DISCLOSURE OF SCHOOL AFFILIATION WITH THE GOVERNMENT OF THE
PEOPLE'S REPUBLIC OF CHINA.
Section 641(d) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Supporting documents required for certification.--
Institutions of higher education and other approved educational
institutions petitioning for certification or recertification
with the Student and Exchange Visitor Program to authorize the
attendance of nonimmigrant students described in subparagraph
(F)(i) or (M)(i) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) shall include with such
petition--
``(A) final copies of any contracts, agreements, or
documentation of financial transactions between the
institution or its affiliated student or faculty
groups, foundations, or related entities and any
educational, cultural, or language entity that is
directly or indirectly funded by the Government of the
People's Republic of China; and
``(B) a detailed description of any financial
contributions from the Government of the People's
Republic of China or its affiliates to any student or
faculty groups affiliated with such institution.''.
SEC. 7. 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), as amended by this Act, is
further 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)--
(A) in paragraph (1)(A), by striking
``institution,,'' and inserting ``institution,''; and
(B) in paragraph (3), as redesignated by section 6,
by striking ``fails to provide the specified
information'' and all that follows through the period
at the end and inserting ``does not comply with all
reporting requirements set forth in this section, the
Secretary of Homeland Security or Secretary of State,
as applicable, shall--
``(A) impose a monetary fine on such institution or
program in an amount to be determined by the applicable
Secretary that is not less than $1,000;
``(B)(i) suspend the authority of such institution
or program to issue the documents described in
paragraph (1)(B), such as the Form I-20 or DS-2019,
until the date on which all such reporting requirements
are met; or
``(ii)(I) in the case of an approved institution of
higher education, or other approved educational
institution, terminate the approval of such institution
under subparagraph (F) or (M) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)); and
``(II) in the case of a designated exchange visitor
program, terminate such designation;
``(C) if all such reporting requirements have not
been satisfied within the 180-day period after the date
on which the applicable reporting was required to have
been made and the penalty described in subparagraph
(B)(ii) has not already been imposed, impose such
penalty; and
``(D) if such noncompliance involves the
information or documentation described in paragraph
(2), conduct an out-of-cycle review of the institution
or program.''.
SEC. 8. 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 this Act, is further amended by
adding at the end the following:
``(4) Effect of fraud indictment or reasonable suspicion of
fraud.--If the Secretary of Homeland Security or the Secretary
of State, as appropriate, knows or has reasonable grounds to
believe that a principal or a designated school official of an
approved institution of higher education or other approved
educational institution, or a principal, responsible officer,
alternate responsible officer of a designated exchange visitor
program, has committed fraud or attempted to commit fraud
relating to any aspect of the program described in subsection
(a)(1), or if such principal, designated school official, or
responsible officer or alternate responsible officer, is
indicted for such fraud, the relevant Secretary may
immediately, in the Secretary's discretion, impose any of the
following sanctions:
``(A)(i) In the case of an approved institution of
higher education, or other approved educational
institution, suspension, without prior notice, of the
approval of such institution under subparagraph (F) or
(M) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)).
``(ii) In the case of a designated exchange visitor
program, suspension, without prior notice, of such
designation.
``(B) Suspension of such official's, responsible
officer's, or alternate responsible officer's access to
databases or systems implementing the program described
in subsection (a)(1).
``(C) Suspension of the authority of such
institution or program to issue the documents described
in paragraph (1)(B).''.
(b) Effect of Conviction for Student Visa Fraud.--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) Permanent disqualification for convictions.--A
principal or a designated school official at an approved
institution of higher education or other approved educational
institution, or a principal or a responsible officer or
alternate responsible officer at a designated exchange visitor
program, shall be permanently disqualified from participation
in the program described in paragraph (1) and permanently
ineligible to submit a petition for approval of such
institution under subparagraph (F) or (M) of section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
if he or she is convicted of a violation, punishable by a term
of imprisonment of more than 1 year, of any of the following:
``(A) Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324) (relating to unlawful
bringing of aliens into the United States).
``(B) Section 1546 of title 18, United States Code
(relating to fraud and misuse of visas, permits, and
other documents) relating to an academic institution's
participation in the Student and Exchange Visitor
Program.
``(C) Chapter 37 of title 18, United States Code
(relating to espionage and censorship).
``(D) Chapter 77 of title 18, United States Code
(relating to peonage, slavery and trafficking in
persons).
``(E) Chapter 117 of title 18, United States Code
(relating to transportation for illegal sexual activity
and related crimes).''.
SEC. 9. ELIGIBILITY REVIEWS AND PROGRAM INTEGRITY.
(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:
``(6) Eligibility review requirement.--
``(A) In general.--An individual may not serve as a
principal or designated school official at an approved
institution of higher education or other approved
educational institution, or as a principal, responsible
officer, or alternate responsible officer at a
designated exchange visitor program, or be granted
access to any database or system implementing the
program described in subsection (a)(1) unless the
individual is a citizen or national of the United
States or an alien lawfully admitted for permanent
residence and, except as provided in subparagraph (D),
during the immediately preceding 4-year period--
``(i) the Secretary of Homeland Security
has--
``(I) conducted a thorough
eligibility review of the individual,
including--
``(aa) a review of the
individual's criminal and sex
offender history; and
``(bb) a verification of
the individual's immigration
status; and
``(II) determined that--
``(aa) the individual has,
to the satisfaction of the
Secretary of Homeland Security,
been determined eligible after
the review required under
subclause (I);
``(bb) the individual has
not been found to have violated
the immigration laws; and
``(cc) in the discretion of
the Secretary of Homeland
Security, the individual is not
a risk to public safety or the
national security of the United
States; and
``(ii) the individual has successfully
completed an on-line training course on the
program described in subsection (a)(1) and any
database or system implementing such program,
which has been developed by the Secretary.
``(B) Designated school officials and responsible
officers.--
``(i) In general.--More than one individual
shall serve as a designated school official or
responsible officer, as applicable.
``(ii) Reviews by the secretary.--If an
individual serving as designated school
official or responsible officer under clause
(i) does not successfully complete the
background check required by subparagraph
(A)(i)(I), the Secretary of Homeland Security
shall review a representative, statistically
significant sample of the documents described
in paragraph (1)(B) issued by such designated
school official or responsible officer.
``(iii) Termination.--Notwithstanding the
satisfaction of an eligibility review under
subparagraph (A) by a principal, designated
school official, responsible officer, or
alternate responsible officer, the Secretary of
Homeland Security may, in the discretion of the
Secretary, terminate or suspend such
principal's, official's, or officer's access to
databases or systems implementing the program
described in subsection (a)(1), based on
information relating to such principal's,
official's, or officer's eligibility reviewed
by the Secretary at any time other than the
period for eligibility review described in
subparagraph (A).
``(C) Direct and third-party promoters and
recruiters.--
``(i) Rules and standards.--Direct and
third-party promoters of an approved
institution of higher education or other
approved educational institution shall comply
with the rules and standards prescribed by the
Secretary of Homeland Security to oversee such
promotion and recruitment, including--
``(I) registration with U.S.
Immigration and Customs Enforcement,
which the Secretary shall make publicly
available;
``(II) minimum qualifications;