[House Report 112-595]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-595
======================================================================
STUDENT VISA REFORM ACT
_______
July 12, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3120]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3120) 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, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 3
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 6
Performance Goals and Objectives................................. 7
Advisory on Earmarks............................................. 7
Section-by-Section Analysis...................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
Purpose and Summary
H.R. 3120 requires U.S. colleges and universities that
admit foreign nationals as students on F visas to be accredited
by an accrediting agency that is recognized by the Secretary of
Education. The bill also prohibits a person convicted of
certain felony offenses, such as visa fraud relating to an
academic institution's participation in the Student and
Exchange Visitor Program (SEVP), from having subsequent
ownership or substantial authority at an academic institution
participating in SEVP.
Background and Need for the Legislation
Under 8 U.S.C 1101(a)(15)(F) a foreign national can come to
the United States temporarily as a
bona fide student qualified to pursue a full course of
study . . . solely for the purpose of pursuing such a
course of study consistent . . . 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, particularly designated
by him and approved by the Attorney General after
consultation with the Secretary of Education, which
institution or place of study shall have agreed to
report to the Attorney General the termination of
attendance of each nonimmigrant student, and if any
such institution of learning or place of study fails to
make reports promptly the approval shall be withdrawn.
. . .''\1\
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\1\8 U.S.C. Sec. 1101(a)(15)(F).
Such F visaholders were admitted to the U.S. over 1.5
million times during FY 2010.\2\
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\2\2010 Yearbook of Immigration Statistics, United States
Department of Homeland Security, Office of Immigration Statistics, Aug.
2011, at 65.
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The F visa program offers foreign nationals the chance to
study at American colleges and universities and immerse
themselves in American culture. Unfortunately, some colleges
and universities are undermining the laudable mission of this
visa program by operating in order to engage in visa fraud.
To curb such fraud, H.R. 3120 amends the Immigration and
Nationality Act to require that colleges and universities be
accredited in order to admit foreign students seeking to study
in the U.S. on F visas. The bill also provides the Secretary of
Homeland Security the discretion to require that academic
institutions (except for seminaries or other religious
institutions) similarly be accredited before any such
institution can host more than 25 foreign students on F visas.
The process to obtain an F visa is as follows: The foreign
national applies and is accepted to a U.S. college or
university that is certified by the SEVP. SEVP tracks and
monitors the schools and the F visaholders while they are in
the U.S. educational system, through the Student and Exchange
Visitor Information System (SEVIS).\3\ The school then provides
the student with a Form I-20, the student pays the required
SEVIS fee, and the student applies for the F visa at the U.S.
embassy or consulate in their home country by submitting the
Form I-20 and the other requisite paperwork and information.\4\
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\3\United States Immigration and Customs Enforcement, , Jul 3, 2012.
\4\United States Immigration and Customs Enforcement, Jul.3, 2012.
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H.R. 3120 builds on Public Law 111-306, which required the
accreditation of English-language training programs before such
programs can admit foreign students on F visas. Enacted on
December 14, 2010, the law was intended to prevent fraudulent
or fly-by-night English-language training programs from
exploiting foreign students in the United States.
As with Public Law 111-306, H.R. 3120 prevents fraudulent
or fly-by-night colleges and universities from being able to
exploit U.S. immigration policy and/or foreign students who are
seeking bona fide educations in the United States.
The bill was introduced after revelations concerning two
institutions--the International Technological University in San
Jose, California and Tri-Valley University in Pleasanton,
California--that were found to be ``visa mills.''
The term ``visa mill'' refers to a distinctly illegitimate
``school'' that 1) recruits foreign nationals to come on
student visas and charge substantial fees for the F visas and/
or 2) is established for the purpose of providing questionable
education and essentially worthless degrees. In many cases the
foreign ``students'' are complicit in the fraud, but in some
cases they truly believe they are in the U.S. to attend a
legitimate school.
Regarding Tri-Valley University, according to the San Jose
Mercury News,\5\
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\5\Lisa Krieger, Universities or Visa Mills, San Jose Mercury News,
July 16, 2011.
Tri-Valley demonstrates the riches that can be made
from turning a school into a visa mill. When Federal
agents finally caught on, they discovered that the
unaccredited school had been paid millions of dollars
by foreigners to obtain student visas that authorize
them to remain in the U.S.--a scheme whose growth was
fueled by a profit-sharing system that gave students
who referred newcomers from abroad a 20 percent cut of
---------------------------------------------------------------------------
the tuition, according to court records.
Something else authorities found suspicious: More than
550 students enrolled in the Alameda County university
were registered as living at the same address: a two-
bedroom apartment on El Camino Real in Sunnyvale.
Visa mills compromise the integrity of the secondary
education system in the United States as well as the integrity
of U.S. immigration policy.
By requiring that visas for foreign students seeking to
attend colleges and universities in the U.S. only be granted
when the student attends an accredited school, H.R. 3120 will
prevent illegitimate institutions from cheating foreign
nationals who seek a bona fide education in the United States.
In addition, the bill's requirement will prevent colleges and
universities from violating immigration law and potentially
threatening our national security.
H.R. 3120 also prohibits certain individuals who have been
previously convicted of felony offenses, such as human
smuggling and visa fraud, from owning or otherwise having a
position of leadership in a new college or university that
admits F visaholders. Some individuals who have previously been
convicted of such crimes in connection with running a visa
mill, simply open new ``schools.'' H.R. 3120 will prevent that
from occurring in the future.
H.R. 3120 also allows the Secretary of Homeland Security to
waive the accreditation requirement for a school that is
otherwise in compliance with the requirements for a school that
admits F visaholders and that is making a good faith effort to
satisfy the accreditation requirement. Such waiver is intended
to be granted narrowly and on a case-by-case basis where there
is no indication of fraudulent activity on the part of the
school.
Hearings
The Committee on the Judiciary held no hearings on H.R.
3120.
Committee Consideration
On June 28, 2012, the Committee met in open session and
ordered the bill H.R. 3120 favorably reported with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 3120.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3120, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 11, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3120, the
``Student Visa Reform Act.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 3120--Student Visa Reform Act.
As ordered reported by the House Committee on the Judiciary
on June 28, 2012.
CBO estimates that implementing H.R. 3120 would have no
significant cost to the Federal Government. Enacting the bill
could affect direct spending and revenues; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any
effects would be insignificant for each year.
Under current law, foreign students may enter the United
States temporarily to study at universities and other
educational institutions. Under H.R. 3120, such students could
only attend accredited institutions.
The Department of Homeland Security (DHS) collects fees
from educational institutions and students and spends those
fees (without further appropriation actions) to cover the costs
of administering the international student program. The
Department of State collects application fees for nonimmigrant
visas issued to students and spends those fees on border
security programs. Enacting H.R. 3120 could reduce the number
of institutions available to international students and
decrease the amount of fees collected by DHS. However, we
expect that any reduction in collections would be offset by
lower spending, so CBO estimates that the bill would not affect
net direct spending. Students from certain countries are
required to pay additional visa fees based on reciprocity
agreements between the United States and their home country;
those fees are deposited in the Treasury as revenues. CBO
estimates that enacting the bill would affect few students and
result in an insignificant reduction in revenues.
H.R. 3120 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA). The bill contains
private-sector mandates as defined in UMRA, but CBO estimates
that the aggregate cost of the mandates would fall below the
annual threshold established in that act ($146 million in 2012,
adjusted annually for inflation).
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
3120, requires U.S. colleges and universities that admit
foreign nationals as students on F visas to be accredited by an
accrediting agency that is recognized by the Secretary of
Education.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 3120 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the Student visa Reform Act.
Sec. 2. Accreditation Requirement for Colleges and
Universities. Section (2) amends the definition of the ``F''
visa for foreign students to require that colleges and
universities be accredited in order to host foreign students
seeking to study in the U.S. on such visas. It also expands the
current definition of ``accredited language training program''
to include colleges and universities, thus requiring that all
such institutions be accredited by an accrediting agency
recognized by the Secretary of Education. And finally, it makes
two technical and conforming changes to the Immigration and
Nationality Act.
Sec. 3 Other Requirements for Academic Institutions. First,
section (3) gives the Secretary of Homeland Security the
discretion to require accreditation of other academic
institutions (except for seminaries or other religious
institutions) if: 1) the institution is not already required to
be accredited; 2) an appropriate accrediting agency recognized
by the Secretary of Education is able to provide such
accreditation; and 3) the institution admits or will admit 25
or more F visaholders. Next, section (3) allows the Secretary
of Homeland Security to waive the accreditation requirement is
a college, university or language training program is otherwise
in compliance with the requirements of the 8 U.S.C.
Sec. 1101(15)(F)(i) and is making a good faith effort to
satisfy the accreditation requirement. Finally, Section 3
prohibits a person convicted of certain felony offenses, such
as human trafficking or visa fraud relating to an academic
institution's participation in the Student and Exchange Visitor
Program (SEVP), from having subsequent ownership or substantial
authority at an academic institution participating in SEVP.
Sec. 4. Conforming Amendment. Section (4) makes a technical
correction to the Immigration and Nationality Act.
Sec. 5. Effective Date. Section 5(a) sets the effective
date for the amendments made by the Act at 180 days after
enactment and clarifies that such requirements will apply to
applications filed after such date. Section 5(b) provides that
during the 3-year period beginning on the date of enactment,
foreign students can continue to receive F visas to attend an
unaccredited college or university so long as such institution:
(1) submits an application for accreditation within 1 year
after the date of enactment; and (2) continues to comply with
the applicable accrediting requirements of the accrediting
agency.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE I--GENERAL
DEFINITIONS
Section 101. (a) As used in this Act--
(1) * * *
* * * * * * *
(15) The term ``immigrant'' means every alien except an
alien who is within one of the following classes of
nonimmigrant aliens--
(A) * * *
* * * * * * *
(F)(i) an alien having a residence in a foreign
country which he has no intention of abandoning, who is
a bona fide student qualified to pursue a full course
of study and who seeks to enter the United States
temporarily and solely for the purpose of pursuing such
a course of study consistent with [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] 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, particularly designated by him and
approved by the [Attorney General] Secretary of
Homeland Security after consultation with the Secretary
of Education, which institution or place of study shall
have agreed to report to the [Attorney General]
Secretary of Homeland Security the termination of
attendance of each nonimmigrant student, and if any
such institution of learning or place of study fails to
make reports promptly the approval shall be withdrawn,
(ii) the alien spouse and minor children of any alien
described in clause (i) if accompanying or following to
join such an alien, and (iii) an alien who is a
national of Canada or Mexico, who maintains actual
residence and place of abode in the country of
nationality, who is described in clause (i) except that
the alien's qualifications for and actual course of
study may be full or part-time, and who commutes to the
United States institution or place of study from Canada
or Mexico;
* * * * * * *
[(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.]
(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.
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens
* * * * * * *
GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE
FOR ADMISSION; WAIVERS OF INADMISSIBILITY
Sec. 212. (a) Classes of Aliens Ineligible for Visas or
Admission.--Except as otherwise provided in this Act, aliens
who are inadmissible under the following paragraphs are
ineligible to receive visas and ineligible to be admitted to
the United States:
(1) * * *
* * * * * * *
(6) Illegal entrants and immigration violators.--
(A) * * *
* * * * * * *
(G) Student visa abusers.--An alien who
obtains the status of a nonimmigrant under
section 101(a)(15)(F)(i) and who violates a
term or condition of such status under [section
214(l)] section 214(m) is inadmissible until
the alien has been outside the United States
for a continuous period of 5 years after the
date of the violation.
* * * * * * *
ADMISSION OF NONIMMIGRANTS
Sec. 214. (a) * * *
* * * * * * *
(m)(1) * * *
* * * * * * *
(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.
* * * * * * *