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; (III) guidelines for representing study opportunities in the United States, generally, and with such approved institutions specifically, to foreign nationals; and (IV) permissible fee arrangements. (ii) Effect of violation If the Secretary of Homeland Security determines, in the Secretary’s unreviewable discretion, that a direct or third-party promoter or recruiter has violated any rule or standard described in clause (i), the Secretary shall suspend or permanently bar such individual from association with an approved institution. (iii) Compliance Each approved institution shall maintain a written agreement between the approved institution and each direct or third-party promoter or recruiter operating on behalf of such approved institution that outlines the rules and standards prescribed under clause (i). (D) Definitions In this paragraph: (i) Principal The term principal means an individual who is considered to be an owner or in a position of substantive authority to make policy, operational, or managerial decisions affecting academic programs or the entire institution or program at an approved institution of higher education, other approved educational institution, or designated exchange visitor program. (ii) Substantive authority With respect to the position of an individual, the term substantive authority mean the individual serves as an administrator, officer, board member, manager, executive, general partner, fiduciary, or in a similar position. (E) Review period A person already serving in a position described in subparagraph (A) on the date of the enactment of this paragraph shall undergo an eligibility review during the 5-year period immediately following such date of enactment of this Act and thereafter according to the timetable described in such subparagraph. (7) Fee The Secretary of Homeland Security is authorized to collect a fee from an approved institution of higher education or other approved educational institution, or designated exchange visitor program, for each eligibility review 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 eligibility review. (8) Financial responsibility An approved institution of higher education or other approved educational institution may require tuition payment before issuing a document described in paragraph (1)(B). (9) Transfer students An approved institution of higher education or other approved educational institution may not issue a document described in paragraph (1)(B) to an alien student seeking to transfer from one approved institution to another. (10) Commitment to major or program An alien student shall not have the ability to change their program of study or intended major as reported on their Form I–20. (11) Audits and site visits Each fiscal year the Secretary of Homeland Security or the Secretary of State, as appropriate, shall perform a site visit and audit of not less than 1 percent of the approved institutions of higher education or other approved educational institutions that maintain, in the databases or systems implementing the program described in subsection (a)(1), 1 or more students who have graduated from a course of study at such institution. (12) Employer requirements (A) In general The lawful employer of an alien student described in subsection (a)(1)(A) shall— (i) be registered and a participant in good standing in the electronic employment verification program initiated in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note); (ii) report to the alien’s institution of higher education or other approved educational institution— (I) the position that the alien is filling; (II) the location of the alien’s worksite; (III) the wage that the alien will be paid; and (IV) within 48 hours— (aa) the termination of the alien from the employment; (bb) the resignation of the alien from employment; or (cc) the failure of the alien to report for work for a period of 5 consecutive work days without the consent of the employer; and (iii) as a condition precedent of such employment, attest under penalty of perjury to the Secretary of Labor that— (I) the student will not replace a full-time or part-time United States worker (as defined in section 212(t)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(t)(4))); and (II) the terms and conditions of the employment, including duties, hours, and compensation, are commensurate with terms and conditions applicable to the employer’s similarly situated United States workers in the area of employment. (B) Limitation on employment authorization The Secretary of Homeland Security shall not grant employment authorization to an alien student described in subsection (a)(1)(A)— (i) during a period of at least 1 year to work for, either directly or indirectly, an employer that the Secretary of Labor has found to have failed to meet the requirements under clause (i) or (ii) of subparagraph (A); (ii) during a period of at least 3 years to work for, either directly or indirectly, an employer that the Secretary of Labor has found to have failed to meet the requirements under clause (iii) of subparagraph (A); and (iii) during a period of at least 10 years to work for, either directly or indirectly, an employer that the Secretary of Labor has found, after notice and opportunity for a hearing, to have willfully failed to meet the requirements under clause (iii) of subparagraph (A).. (b) Effective date The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act.