[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2715 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2715

    To improve access to graduate schools in the United States for 
                  international students and scholars.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2004

  Mr. Coleman introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To improve access to graduate schools in the United States for 
                  international students and scholars.

    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 ``International Student and Scholar 
Access Act of 2004''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States has a strategic need to improve its 
        student visa screening process to protect against terrorists 
        who would abuse the system to harm the United States.
            (2) At the same time, openness to international students 
        and exchange visitors serves longstanding and important United 
        States foreign policy, educational, and economic interests, and 
        the erosion of such exchanges is contrary to United States 
        national security interests.
            (3) Educating successive generations of future world 
        leaders in the United States has long been an important 
        underpinning of United States international influence and 
        leadership.
            (4) Open scientific exchange, which enables the United 
        States to benefit from the knowledge of the world's top 
        scientists, has long been an important underpinning of United 
        States scientific leadership.
            (5) The United States has seen a dramatic increase in 
        requests for Visa Mantis checks designed to protect against 
        illegal transfers of sensitive technology, from 1,000 in fiscal 
        year 2000 to 20,000 in fiscal year 2003.
            (6) Delays in issuing Visa Mantis security clearances have 
        discouraged some international scholars from coming to the 
        United States.
            (7) International students and their families studying in 
        the United States contribute close to $12,000,000,000 to the 
        United States economy each year, making higher education a 
        major service sector export.
            (8) Delays in obtaining student visas have discouraged many 
        international students from studying in the United States.
            (9) Total international applications to graduate schools in 
        the United States for fall 2004 declined 32 percent from fall 
        2003.
            (10) The number of international students enrolled in the 
        United States, which in raw numbers consistently increased over 
        time and grew by 6 percent during both the 2000-2001 and 2001-
        2002 school years, leveled off dramatically during the 2002-
        2003 school year to an increase of only .6 percent.
            (11) Concerns related to the anticipated international 
        student monitoring system known as ``SEVIS'' have contributed 
        to the decline in the number of foreign applicants to 
        educational institutions in the United States.
            (12) The United States requires a visa system for exchange 
        programs that maximizes United States national security.
            (13) The United States requires a comprehensive strategy 
        for recruiting international students as well as enhancing the 
        access of international students to higher education in the 
        United States.

 TITLE I--NATIONAL STRATEGY FOR ENHANCING INTERNATIONAL STUDENT ACCESS 
                          TO THE UNITED STATES

SEC. 101. STRATEGIC PLAN.

    Not later than 180 days after the date of enactment of this Act, 
the President, in consultation with United States higher education 
institutions, organizations that participate in international exchange 
programs, and other appropriate groups, shall submit to the Committee 
on Foreign Relations of the Senate and the Committee on International 
Relations of the House of Representatives a strategic plan for 
enhancing international student access to the United States for study 
and exchange activities that includes:
            (1) A marketing plan to makes use of Internet and other 
        media resources to promote and facilitate study in the United 
        States by international students.
            (2) A clear division of responsibility that eliminates 
        duplication and promotes inter-agency cooperation with regard 
        to the roles of the Departments of State, Commerce, Education, 
        and Homeland Security in promoting and facilitating access 
to the United States for international student and exchange visitors.
            (3) A mechanism for institutionalized coordination of the 
        efforts of Departments of State, Commerce, Education, and 
        Homeland Security in facilitating access to the United States 
        for international student and exchange visitors.
            (4) An effective mandate and strategic plan for use of the 
        overseas educational advising centers of the Department of 
        State to promote study in the United States and to prescreen 
        visa applicants.
            (5) Well-defined lines of authority and responsibility for 
        international students in the Department of Commerce.
            (6) A clear mandate related to international student access 
        for the Department of Education.
            (7) Streamlined procedures within the Department of 
        Homeland Security related to international student and exchange 
        visitors.

SEC. 102. ANNUAL REPORTS TO CONGRESS.

    (a) In General.--The President, acting through the Secretary of 
State and in consultation with the Secretary of Education, Secretary of 
Commerce, and Secretary of Homeland Security shall submit an annual 
report on the implementation of the national strategy developed in 
accordance with section 101 to Congress that would describe the 
following:
            (1) Measures undertaken to enhance international student 
        access to the United States and improve inter-agency 
        coordination with regard to international students and exchange 
        visitors as provided in section 101.
            (2) Measures taken to implement section 202.
            (3) The number of student and exchange visitors who apply 
        for visas from the United States, and the number whose visas 
        are approved.
            (4) The average processing time for student and 
        international visitor visas.
            (5) The number of student and international visitor visas 
        requiring inter-agency review.
            (6) The number of student and international visitor visas 
        approved after submission of the visa applications during each 
        of the following durations:
                    (A) Less than 15 days.
                    (B) 15-30 days.
                    (C) 31-45 days.
                    (D) 46-60 days.
                    (E) 61-90 days.
                    (F) More than 90 days.
    (b) Submission of Report.--Not later than May 30 of 2005, and 
annually thereafter through 2008, the President shall submit to 
Congress the report described in subsection (a).

SEC. 103. REFORMING SEVIS FEE PROCESS.

    (a) Reduced Fee for Short-Term Study.--Section 641(e)(4)(A) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372(e)(4)(A)) is amended in the second sentence, by inserting 
before the period the following: ``or the admission of an alien under 
section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(F)) for a program that does not exceed 90 days''.
    (b) Improving Fee Collection.--Not later than 60 days after the 
date of enactment of this Act, the Secretary of Homeland Security and 
the Secretary of State shall jointly submit to the Committee on Foreign 
Relations and the Committee on the Judiciary of the Senate and the 
Committee on International Relations and the Committee on the Judiciary 
of the House of Representatives a report on the feasibility of 
collecting the fee required by section 641(e) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1372(e))--
            (1) in local currency at local financial institutions under 
        procedures established by the Secretary of State; and
            (2) by universities as part of a student's tuition and 
        fees.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of State, 
Department of Education, Department of Homeland Security, and 
Department of Commerce such sums as may be necessary to carry out the 
activities described in section 101.

                  TITLE II--IMPROVING THE VISA PROCESS

SEC. 201. SENSE OF CONGRESS; PURPOSE.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) improvements in visa processing would enhance the 
        national security of the United States by--
                    (A) permitting closer scrutiny of visa applicants 
                who might pose risks; and
                    (B) permitting the timely adjudication of visa 
                applications of those whose presence in the United 
                States serves important national interests; and
            (2) improvements must include--
                    (A) an operational visa policy that articulates the 
                national interest of the United States in denying entry 
                to visitors who seek to harm the United States and in 
                opening entry to legitimate visitors, to guide consular 
                officers in achieving the appropriate balance;
                    (B) a greater focus by the visa system on visitors 
                who require special screening, while minimizing delays 
                for legitimate visitors;
                    (C) a timely, transparent, and predictable visa 
                process, through appropriate guidelines for inter-
                agency review of visa applications; and
                    (D) a provision of the necessary resources to fund 
                a visa processing system that meets the requirements of 
                this title.
    (b) Purpose.--It is the purpose of this title to specify the 
improvements described in subsection (a).

SEC. 202. VISA PROCESSING GUIDANCE.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of State--
            (1) shall issue appropriate guidance to consular officers 
        in order to--
                    (A) give consulates appropriate discretion to grant 
                waivers of personal appearance in order to minimize 
delays for legitimate travelers while permitting more thorough 
interviews of visa applicants in appropriate cases;
                    (B) give consulates appropriate discretion to allow 
                security clearances under the Visas Mantis system to be 
                valid for the duration of status or program, in order 
                to avoid repetitive reviews of those visitors who leave 
                the United States temporarily; and
                    (C) establish a presumption of visa approval for 
                frequent visitors who have previously been granted 
                visas for the same purpose and who have no status 
                violations; and
            (2) in consultation with the Director of the Office of 
        Science and Technology Policy and appropriate representatives 
        of the United States scientific community, shall issue 
        appropriate guidance to consular officers in order to refine 
        controls on the entry of visitors who propose to engage in 
        study or research in advanced science and technology in order 
        to ensure that only cases of concern, and not nonsensitive 
        cases, are subjected to special review.
    (b) Timeliness Standards.--Not later than 60 days after the date of 
enactment of this Act, the President shall institute guidelines for 
inter-agency review of visa applications requiring security clearances 
which establish the following standards for timeliness in international 
student and visitor visas:
            (1) Establish a 15-day standard for responses to the 
        Department of State by other agencies involved in the clearance 
        process.
            (2) Establish a 30-day standard for completing the entire 
        inter-agency review and advising the consulate of the result of 
        the review.
            (3) Provide for expedited processing of any visa 
        application with respect to which a review is not completed 
        within 30 days, and for advising the consulate of the delay and 
        the estimated processing time remaining.
            (4) Require the establishment of a process by which the 
        applicant, or the program to which the applicant seeks access, 
        can inquire about the application's status and the estimated 
        processing time remaining.
            (5) Establish a special review process to resolve any cases 
        whose resolution is still pending after 60 days.

SEC. 203. INTEROPERABLE DATA SYSTEMS AT THE FBI.

    (a) Responsibilities of the FBI Director.--The Director of the 
Federal Bureau of Investigation shall take the steps necessary to 
ensure that--
            (1) the Federal Bureau of Investigation's databases and 
        systems used in the National Name Check Program are 
        interoperable with the requisite databases and systems at the 
        Department of State;
            (2) the files of the Federal Bureau of Investigation are 
        automated and a common database is set up between the field 
        offices and headquarters of the Federal Bureau of 
        Investigation; and
            (3) the Federal Bureau of Investigation has full 
        connectivity to the Consular Consolidated Database through the 
        Open Source Information System.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Director of the Federal Bureau of Investigation shall 
report to the Committees on the Judiciary of the Senate and the House 
of Representatives on progress in implementing subsection (a).

SEC. 204. SETTING REALISTIC STANDARDS FOR VISA EVALUATIONS.

    (a) In General.--Section 101(a)(15)(F)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended--
            (1) by striking ``having a residence in a foreign country 
        which he has no intention of abandoning'' and inserting 
        ``having the intention, capability, and sufficient financial 
        resources to complete a course of study in the United States''; 
        and
            (2) by striking ``and solely'' after ``temporarily''.
    (b) Technical and Conforming Amendment.--Section 214(b) of the 
Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by 
striking ``subparagraph (L) or'' and inserting ``subparagraph (F), (J), 
(L), or''.

SEC. 205. REPORT.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of State shall report to the Committee on Foreign 
Relations of the Senate and the Committee on International Relations of 
the House of Representatives on--
            (1) the feasibility of expediting visa processing for 
        participants in official exchange programs, and for students, 
        scholars, and exchange visitors through prescreening of 
        applicants by sending countries, sending universities, State 
        Department overseas educational advising centers, or other 
        appropriate entities;
            (2) the feasibility of developing abilities to collect 
        biometric data without requiring a visit to the Embassy by the 
        visa applicant; and
            (3) the implementation of the guidance described in 
        subsections (a) and (b) of section 202, including the training 
        of consular officers, and the effect of this guidance and 
        training on visa processing volume and timeliness.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out to carry out this Act for the consular affairs 
function of the Department of State, the visa application review 
function of the Department of Homeland Security, and for database 
improvements in the Federal Bureau of Investigations as specified in 
section 203.
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