§ 4908 : BACKGROUND CHECKS

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 section 4907of this Act, is further amended by adding at the end the following:

6.

BACKGROUND CHECK REQUIREMENT.—

A.

IN GENERAL.—An individual may not serve as a designated school official or be granted access to SEVIS unless the individual is a national of the United States or an alien lawfully admitted for permanent residence and during the most recent 3-year period—

i.

the Secretary of Homeland Security has—

I.

conducted a thorough background check on the individual, including a review of the individual’s criminal and sex offender history and the verification of the individual’s immigration status; and

II.

determined that the individual—

aa.

has not been convicted of any violation of United States immigration law; and

bb.

is not a risk to the national security of the United States; and

ii.

the individual has successfully completed an on-line training course on SEVP and SEVIS, which has been developed by the Secretary.

B.

INTERIM DESIGNATED SCHOOL OFFICIAL.—

i.

IN GENERAL.—An individual may serve as an interim designated school official 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 designated 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 collect a fee from an approved school for each background 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.