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..