[Congressional Record Volume 156, Number 155 (Wednesday, December 1, 2010)]
[House]
[Pages H7817-H7819]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1550
ACCREDITATION OF ENGLISH LANGUAGE
Mr. CONYERS. Madam Speaker, I move to suspend the rules and pass the
bill (S. 1338) a bill to require the accreditation of English language
training programs, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 1338
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
[[Page H7818]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Smith) each
will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker and Members, S. 1338 requires that visas for foreign
students seeking to attend English schools in the United States only be
granted when the student attends a school accredited by an agency
recognized by the Secretary of Education. What we found, in short, is
that some of these language schools are undermining the laudable
mission of this visa program. And it has been determined that many of
them are not even attending schools.
So thanks to the diligence of the chairman of the Committee on
Financial Services, Barney Frank, we have introduced the bill. The
Senate has passed the same bill. Now it is over here for our final
approval. But before I reserve the balance of my time, I would thank
Lamar Smith, the ranking member of the Judiciary Committee.
I reserve the balance of my time.
Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I support S. 1338, which requires the accreditation of
English language training programs for student visa holders, and I am a
cosponsor of the House version of the bill. Accreditation of English
programs will ensure that foreign students here on temporary visas
receive the high-level English language education they deserve and
expect. And this legislation will help give the students a positive
experience in America as well.
The bill prevents fraud in the student visa program and raises the
quality of English language training programs in the United States. It
does so by requiring accreditation, which is achieved only after
certain learning criteria are met.
Under the Immigration and Nationality Act, a foreign national can get
a student visa to study at a U.S. college, high school, or other
learning institution such as an established ``language training program
approved by the Secretary of Homeland Security after consultation with
the Secretary of Education.'' This bill requires that a nonimmigrant
foreign student seeking to enter the United States to study at a
language training program must enroll in a program that is recognized
and accredited by the Secretary of Education. The Senate has passed
this legislation by unanimous consent, and I urge my colleagues to
support it as well.
Intensive English Programs (``IEPs'') serve to teach English to
foreign students. There are 90,000 such students in the United States.
The programs range in length from two weeks to one year, but average 12
weeks. There are nearly 1,000 IEP's in the U.S., and students must
study a minimum of 18 hours per week to meet their visa requirements.
Currently all IEPs must be officially recognized, but that sometimes
means there is just a check to see that the building in which the IEP
is supposedly located, actually exists. The result of such lax
monitoring is widespread fraud in the IEP community.
Illegitimate IEPs either do not teach English well or serve as scams
for individuals who want to come to the United States through
fraudulent means. In April 2008, the Los Angeles Times reported, ``The
operator of two English language schools was charged Wednesday with
running a scheme that allowed foreign nationals, including several
Russian prostitutes, to fraudulently obtain student visas to enter and
stay in the United States.''
In April 2009, two individuals who ran an English language school for
immigrants in Duluth, GA, were indicted for submitting fraudulent
documents to the Department of Homeland Security. They did so in order
to get student visas for ``dozens, and perhaps hundreds, of `students.'
''
And last March agents in the Miami Immigration and Customs
Enforcement Office conducted the ``largest single visa fraud takedown
in [the] agency's history,'' when they arrested two women who helped
obtain fraudulent student visas for over 200 individuals who were
supposedly attending an English school, but who were not actually doing
so.
Such fraudulent programs, along with IEPs that do not function well,
tarnish the reputation of the entire IEP industry. That's why the
American Association of Intensive English Programs supports this
legislation. And legitimate IEPs are interested in ensuring the quality
of their programs.
Under this bill, IEPs can meet the accreditation requirement in one
of two ways. First, they can be under the governance of a university or
college that has been accredited by a regional accrediting agency
recognized by the U.S. Department of Education. Or, second, they can be
individually accredited by The Accrediting Council for Continuing
Education and Training or the Commission or English Language Program
Accreditation.
The three typical steps in the accreditation process are (1) the
completion of a written self-study that documents how the program or
institution meets the standards of the accreditation agency; (2) a site
visit by an agency team to verify that standards are being met; and (3)
follow-up measures on the part of the school to correct any
deficiencies, subject to review and final approval by the accreditation
agency.
Currently, many legitimate IEPs are voluntarily becoming accredited
on their own.
I urge my colleagues to support passage of this bill.
Madam Speaker, I yield such time as he may consume to the gentleman
from Washington (Mr. Hastings).
Mr. HASTINGS of Washington. Madam Speaker, I want to thank my friend
from Texas for yielding.
This legislation is a good piece of legislation. I urge my colleagues
to support it.
But there are other issues that I think need to be addressed today.
There has been bipartisan agreement across this country and in Congress
that blanket moratoriums on offshore drilling hurts America when it
comes to jobs and energy. Yet the Obama administration has suddenly
imposed a moratorium that closes the eastern Gulf of Mexico and the
entire Atlantic coast.
Madam Speaker, this is the wrong way to respond to the BP oil spill.
It hurts our economy and job creation. The answer is not to say America
can't figure it out and we should rely on other countries to produce
our energy. The right answer is to find out what went wrong and make
the effective, timely reforms that ensure that U.S. offshore drilling
is the safest in the world.
The Deepwater Horizon spill was a terrible tragedy; but this is a
great country, Madam Speaker, and we shouldn't allow this single event
to disrupt our long-term need to develop an all-of-the-above energy
plan that includes the responsible development of our Nation's offshore
oil and gas reserves.
The administration has taken us in the wrong direction. Instead, we
need to be working to keep and create energy jobs here in America.
Mr. SMITH of Texas. Madam Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. CONYERS. I am going to yield back, but can I ask my friends on
the other side, if you have got another subject matter you want to
introduce on a bill, can you wait until we pass the bill and then make
your speech about whatever you want?
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Conyers) that the House suspend the rules
and pass the bill, S. 1338.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
[[Page H7819]]
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