[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1338 Enrolled Bill (ENR)]

        S.1338

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
To require the accreditation of English language training programs, and 
                           for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. ACCREDITATION OF ENGLISH LANGUAGE TRAINING PROGRAMS.
    (a) In General.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended--
        (1) in paragraph (15)(F)(i), by striking ``a language'' and 
    inserting ``an accredited language''; and
        (2) by adding at the end the following:
    ``(52) The term `accredited language training program' means a 
language training program that is accredited by an accrediting agency 
recognized by the Secretary of Education.''.
    (b) Effective Date.--
        (1) In general.--Except as provided in paragraph (2), the 
    amendments made by subsection (a) shall--
            (A) take effect on the date that is 180 days after the date 
        of the enactment of this Act; and
            (B) apply with respect to applications for a nonimmigrant 
        visa under section 101(a)(15)(F)(i) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) that are filed on 
        or after the effective date described in subparagraph (A).
        (2) Temporary exception.--
            (A) In general.--Notwithstanding section 101(a)(15)(F)(i) 
        of the Immigration and Nationality Act, as amended by 
        subsection (a), during the 3-year period beginning on the date 
        of the enactment of this Act, an alien seeking to enter the 
        United States to pursue a course of study at a language 
        training program that has been certified by the Secretary of 
        Homeland Security and has not been accredited or denied 
        accreditation by an entity described in section 101(a)(52) of 
        such Act may be granted a nonimmigrant visa under such section 
        101(a)(15)(F)(i).
            (B) Additional requirement.--An alien may not be granted a 
        nonimmigrant visa under subparagraph (A) if the sponsoring 
        institution of the language training program to which the alien 
        seeks to enroll does not--
                (i) submit an application for the accreditation of such 
            program to a regional or national accrediting agency 
            recognized by the Secretary of Education within 1 year 
            after the date of the enactment of this Act; and
                (ii) comply with the applicable accrediting 
            requirements of such agency.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.