S 523

112th CONGRESS
1st Session

S. 523

To provide for enhanced criminal penalties for individuals who file a SEVP certification petition under false pretenses.

IN THE SENATE OF THE UNITED STATES

March 9, 2011

Mr. SCHUMER (for himself, Mrs. FEINSTEIN, Mr. NELSON of Florida, Mrs. MCCASKILL, and Mr. TESTER) 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.

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

SECTION 1. VISA FRAUD.

    (a) Criminal Penalty- Chapter 75 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1548. Filing of certification petition under false pretenses

    `Any person who knowingly, and for pecuniary gain, while representing himself or herself as a principal, officer, or director of an educational institution, files a petition for certification or recertification with the Student and Exchange Visitor Program for attendance at such institution of nonimmigrant students under subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) under false pretenses, or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 15 years, or both.'.

    (b) Clerical Amendment- The table of sections for chapter 75 of title 18, United States Code, is amended by adding at the end the following:

      `1548. Filing of certification petition under false pretenses.'.

SEC. 2. SENTENCING GUIDELINES.

    Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines and policy statements to reflect the penalties applicable to persons convicted of violating section 1548 of title 18, United States Code, as added by section 1.

END