[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3120 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 3120


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2012

   Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
 To amend the Immigration and Nationality Act to require accreditation 
  of certain educational institutions for purposes of a nonimmigrant 
                 student visa, 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. SHORT TITLE.

    This Act may be cited as the ``Student Visa Reform Act''.

SEC. 2. ACCREDITATION REQUIREMENT FOR COLLEGES AND UNIVERSITIES.

    Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended--
            (1) in paragraph (15)(F)(i)--
                    (A) by striking ``section 214(l) at an established 
                college, university, seminary, conservatory, academic 
                high school, elementary school, or other academic 
                institution or in an accredited language training 
                program in the United States'' and inserting ``section 
                214(m) at an accredited college, university, or 
                language training program, or at an established 
                seminary, conservatory, academic high school, 
                elementary school, or other academic institution in the 
                United States''; and
                    (B) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security''; and
            (2) by amending paragraph (52) to read as follows:
    ``(52) Except as provided in section 214(m)(4), the term 
`accredited college, university, or language training program' means a 
college, university, or language training program that is accredited by 
an accrediting agency recognized by the Secretary of Education.''.

SEC. 3. OTHER REQUIREMENTS FOR ACADEMIC INSTITUTIONS.

    Section 214(m) of the Immigration and Nationality Act (8 U.S.C. 
1184(m)) is amended by adding at the end the following:
    ``(3) The Secretary of Homeland Security, in the Secretary's 
discretion, may require accreditation of an academic institution 
(except for seminaries or other religious institutions) for purposes of 
section 101(a)(15)(F) if--
            ``(A) that institution is not already required to be 
        accredited under section 101(a)(15)(F)(i);
            ``(B) an appropriate accrediting agency recognized by the 
        Secretary of Education is able to provide such accreditation; 
        and
            ``(C) the institution has or will have 25 or more alien 
        students accorded status as nonimmigrants under clause (i) or 
        (iii) of section 101(a)(15)(F) pursuing a course of study at 
        that institution.
    ``(4) The Secretary of Homeland Security, in the Secretary's 
discretion, may waive the accreditation requirement in section 
101(a)(15)(F)(i) with respect to an established college, university, or 
language training program if the academic institution--
            ``(A) is otherwise in compliance with the requirements of 
        such section; and
            ``(B) is making a good faith effort to satisfy the 
        accreditation requirement.
    ``(5)(A) No person convicted of an offense referred to in 
subparagraph (B) shall be permitted by any academic institution having 
authorization for attendance by nonimmigrant students under section 
101(a)(15)(F)(i) to be involved with the institution as its principal, 
owner, officer, board member, general partner, or other similar 
position of substantive authority for the operations or management of 
the institution, including serving as an individual designated by the 
institution to maintain records required by the Student and Exchange 
Visitor Information System established under section 641 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1372).
    ``(B) An offense referred to in this subparagraph includes a 
violation, punishable by a term of imprisonment of more than 1 year, of 
any of the following:
            ``(i) Chapter 77 of title 18, United States Code (relating 
        to peonage, slavery and trafficking in persons).
            ``(ii) Chapter 117 of title 18, United States Code 
        (relating to transportation for illegal sexual activity and 
        related crimes).
            ``(iii) Section 274 of the Immigration and Nationality Act 
        (8 U.S.C. 1324) (relating to unlawful bringing of aliens into 
        the United States).
            ``(iv) Section 1546 of title 18, United States Code 
        (relating to fraud and misuse of visas, permits, and other 
        documents) relating to an academic institution's participation 
        in the Student and Exchange Visitor Program.''.

SEC. 4. CONFORMING AMENDMENT.

    Section 212(a)(6)(G) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(6)(G)) is amended by striking ``section 214(l)'' and 
inserting ``section 214(m)''.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by sections 2 and 3--
            (1) shall take effect on the date that is 180 days after 
        the date of the enactment of this Act; and
            (2) shall 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 
        paragraph (1).
    (b) Temporary Exception.--
            (1) In general.--During the 3-year period beginning on the 
        date of enactment of this Act, an alien seeking to enter the 
        United States to pursue a course of study at a college or 
        university that has been certified by the Secretary of Homeland 
        Security may be granted a nonimmigrant visa under clause (i) or 
        clause (iii) of section 101(a)(15)(F) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(F)) without regard to 
        whether or not that college or university has been accredited 
        or been denied accreditation by an entity described in section 
        101(a)(52) of such Act (8 U.S.C. 1101(a)(52)), as amended by 
        section 2(2) of this Act.
            (2) Additional requirement.--An alien may not be granted a 
        nonimmigrant visa under paragraph (1) if the college or 
        university to which the alien seeks to enroll does not--
                    (A) submit an application for the accreditation of 
                such institution to a regional or national accrediting 
                agency recognized by the Secretary of Education on or 
                before the date that is 1 year after the effective date 
                described in subsection (a)(1); and
                    (B) comply with the applicable accrediting 
                requirements of such agency.

            Passed the House of Representatives August 1, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.