[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 455 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 455

 To amend the Mutual Educational and Cultural Exchange Act of 1961 to 
facilitate United States openness to international students, scholars, 
       scientists, and exchange visitors, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2005

  Mr. Coleman (for himself and Mr. Bingaman) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL


 
 To amend the Mutual Educational and Cultural Exchange Act of 1961 to 
facilitate United States openness to international students, scholars, 
       scientists, and exchange visitors, 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 ``American Competitiveness Through 
International Openness Now Act of 2005'' or as the ``ACTION Act of 
2005''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States has a strategic interest in 
        encouraging international students, scholars, scientists, and 
        exchange visitors to visit the United States to study, 
        collaborate in research, and to develop personal relationships.
            (2) Openness to international students, scholars, 
        scientists, and exchange visitors serves vital and longstanding 
        national foreign policy, educational, and economic interests 
        and the erosion of such openness undermines the national 
        security interests of the United States.
            (3) Educating successive generations of future world 
        leaders has long been a foundation of the United States 
        international influence and leadership.
            (4) Open scientific exchange enables the United States to 
        benefit from the knowledge of the world's top students and 
        scientists and has been a critical factor in maintaining the 
        United States leadership in science and technology.
            (5) International students studying in the United States 
        and their families contribute nearly $13,000,000,000 to the 
        United States economy each year, making higher education a 
        major service sector export.
            (6) The total number of applications submitted by foreign 
        applicants to graduate schools in the United States for 
        enrollment during the fall of 2004 declined 28 percent from the 
        number of such applications submitted for enrollment during the 
        fall of 2003.
            (7) The total number of foreign students enrolled in 
        graduate schools in the United States during the fall of 2004 
        declined 6 percent from the number of such enrollments during 
        the fall of 2003.
            (8) The number of foreign students enrolled in schools in 
        the United States during the 2003-2004 academic year decreased 
        by 2.4 percent from the number of such students the 2002-2003 
        academic year, marking the first absolute decline in foreign 
        enrollments since the 1971-1972 academic year.
            (9) The policies implemented by the United States since 
        September 11, 2001, and the public perceptions they have 
        engendered, have discouraged many foreign students from 
        studying in the United States and have frustrated the efforts 
        of many foreign scholars and exchange visitors from visiting 
        the United States.
            (10) The United States must improve its student, scholar, 
        scientist, and exchange visitor screening process to protect 
        against terrorists seeking to harm the United States.
            (11) The United States has seen a dramatic increase in 
        requests for Visa Mantis checks, checks designed to protect 
        against illegal transfers of sensitive technology, from 
        approximately 1,000 in fiscal year 2000 to approximately 18,500 
        in fiscal year 2004.
            (12) Concerns related to the international student 
        monitoring system known as ``SEVIS'' have also contributed to 
        the decline in the number of foreign applicants to educational 
        institutions in the United States.
            (13) Other countries have instituted aggressive strategies 
        for attracting foreign students, scholars, and scientists, and 
        have adjusted their policies to encourage and accommodate 
        access to universities and scientific exchange. One such 
        country, Australia, has increased enrollment by foreign 
        students in educational institutions in Australia by more than 
        53 percent since 2001.
            (14) The European Union has set forth a comprehensive 
        strategy to be the ``most competitive and dynamic knowledge-
        based economy in the world'' by 2010. Part of this strategy is 
        aimed at enhancing economic competitiveness by making the 
        European Union the most favorable destination for students, 
        scholars, and researchers from other regions of the world.
            (15) In order to maintain United States competitiveness in 
        the world economy, build vital relationships with future world 
        leaders, and improve popular perceptions of the United States 
        overseas, the United States requires a comprehensive strategy 
        for recruiting foreign students, scholars, scientists, and 
        exchange visitors.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
            (2) SEVIS.--The term ``SEVIS'' means the program to collect 
        information relating to nonimmigrant foreign students and other 
        exchange program participants required by the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (Division C of Public Law 104-208; 110 Stat. 3009-546).

SEC. 4. AMENDMENT TO THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT 
              OF 1961.

    The Mutual Education and Cultural Exchange Act of 1961 (22 U.S.C. 
2451 et seq.) is amended by adding at the end the following:

``SEC. 115. STRATEGIC PLAN FOR INTERNATIONAL EDUCATIONAL EXCHANGE.

    ``(a) Requirement for Plan.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the ACTION Act of 2005, the President, in 
        consultation with institutions of higher education in the 
        United States, organizations that participate in international 
        exchange programs, and other appropriate groups, shall develop 
        a strategic plan for enhancing the access of foreign students, 
        scholars, scientists, and exchange visitors to the United 
        States for study and exchange activities.
            ``(2) Content.--The strategic plan shall include the 
        following:
                    ``(A) A marketing plan that utilizes the Internet 
                and other media resources to promote and facilitate 
                study in the United States by foreign students.
                    ``(B) 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, Homeland Security, and 
                Energy in promoting and facilitating access to the 
                United States for foreign students, scholars, 
                scientists, and exchange visitors.
                    ``(C) 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 foreign 
                students, scholars, scientists, and exchange visitors.
                    ``(D) A plan to utilize the educational advising 
                centers of the Department of State that are located in 
                foreign countries to promote study in the United States 
                and to prescreen visa applicants.
                    ``(E) A description of the lines of authority and 
                responsibility for foreign students in the Department 
                of Commerce.
                    ``(F) A description of the mandate related to 
                foreign student and scholar access to educational 
                institutions in the United States for the Department of 
                Education.
                    ``(G) Streamlined procedures within the Department 
                of Homeland Security related to foreign students, 
                scholars, scientists, and exchange visitors.
                    ``(H) Streamlined procedures to facilitate 
                international scientific collaboration.
            ``(3) Submission to congress.--Not later than 180 days 
        after the date of enactment of the ACTION Act of 2005, the 
        President shall submit the strategic plan to the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
    ``(b) Reciprocity Agreements.--It is the sense of Congress that the 
United States should negotiate reciprocity agreements with foreign 
countries with the goal of mutual agreement on extending the validity 
of student and scholar visas to 4 years and permitting multiple entry 
on student and scholar visas.
    ``(c) Annual Report.--
            ``(1) Requirement.--The President, acting through the 
        Secretary of State, in consultation with the Secretary of 
        Education, Secretary of Commerce, Secretary of Homeland 
        Security, and Secretary of Energy, shall submit to Congress an 
        annual report on the implementation of the strategic plan 
        required by subsection (a) and on any negotiations with foreign 
        countries related to the reciprocity agreements referred to in 
        subsection (b).
            ``(2) Content.--An annual report submitted under this 
        subsection shall include a description of the following:
                    ``(A) Measures undertaken to enhance access to the 
                United States by foreign students, scholars, 
                scientists, and exchange visitors and to improve inter-
                agency coordination with regard to foreign students, 
                scholars, scientists, and exchange visitors.
                    ``(B) Measures taken to negotiate reciprocal 
                agreements referred to in subsection (b).
                    ``(C) The number of foreign students, scholars, 
                scientists, and exchange visitors who applied for visas 
                to enter the United States, disaggregated by 
                applicants' fields of study or expertise, the number of 
                such visa applications that are approved, the number of 
                such visa applications that are denied, and the reasons 
                for such denials.
                    ``(D) The average processing time for an 
                application for a visa submitted by a foreign student, 
                scholar, scientist, or exchange visitor.
                    ``(E) The number of applications for a visa 
                submitted by foreign students, scholars, scientists, or 
                exchange visitors that require inter-agency review.
                    ``(F) The number of applications for a visa 
                submitted by foreign students, scholars, scientists, or 
                exchange visitors that were approved after receipt of 
                such applications in each of the following:
                            ``(i) Less than 15 days.
                            ``(ii) Between 15 and 30 days.
                            ``(iii) Between 31 and 45 days.
                            ``(iv) Between 46 and 60 days.
                            ``(v) Between 61 and 90 days.
                            ``(vi) More than 90 days.
            ``(3) Submission of report.--Not later than November 30 
        2005, and annually thereafter through 2008, the President shall 
        submit to Congress the report described in this subsection.''.

SEC. 5. FAIRNESS IN THE SEVIS PROCESS.

    (a) Reduced Fee for Short-Term Study.--
            (1) In general.--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 by striking the second 
        sentence and inserting ``Except as provided in subsection 
        (g)(2), the fee imposed on any individual may not exceed $100, 
        except that in the case of an alien admitted under subparagraph 
        (J) of section 101(a)(15) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)) as an au pair, camp counselor, or 
        participant in a summer work travel program, the fee shall not 
        exceed $35 and that in the case of an alien admitted under 
        subparagraph (F) of such section (8 U.S.C. 1101(a)(15)(F)) for 
        a program that will not exceed 90 days, the fee shall not 
        exceed $35.''.
            (2) Technical amendments.--Such section is further 
        amended--
                    (A) in the first sentence, by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security''; and
                    (B) in the third sentence, by striking ``Attorney 
                General's'' and inserting ``Secretary's''.
    (b) Report on 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 
appropriate congressional committees a report on the feasibility of--
            (1) entering data into the SEVIS database and 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)) only after the applicant's visa has been approved; or
            (2) refunding the fee required by such section in the event 
        that the applicant's visa has been denied.

SEC. 6. REFORMING SEVIS DATABASE MANAGEMENT.

    (a) In General.--The Secretary of Homeland Security and the 
Secretary of State shall--
            (1) develop policies that permit authorized representatives 
        of SEVIS-approved schools or programs to make corrections to a 
        student, scholar, or exchange visitor's record directly within 
        the SEVIS database;
            (2) in the case of such corrections that cannot be made by 
        such representatives, ensure that sufficient resources are made 
        available to enable such corrections to be made in a timely 
        manner;
            (3) develop policies to prohibit the detention or 
        deportation of a student who is found to be out of status as a 
        result of a SEVIS database error; and
            (4) review the regulations and technology used in the SEVIS 
        system, in order to streamline processes and reduce the time 
        required for SEVIS-approved universities and programs to 
        perform data entry tasks.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security and the Secretary of State 
shall jointly submit to the appropriate congressional committees a 
report on the implementation of this section.

SEC. 7. INTEROPERABLE DATA SYSTEMS.

    (a) Responsibilities of the FBI Director.--The Director of the 
Federal Bureau of Investigation shall take the steps necessary to 
ensure that the Federal Bureau of Investigation has full connectivity 
to the Consular Consolidated Database.
    (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 Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives on the 
Director's progress in ensuring that the Federal Bureau of 
Investigation has full connectivity to the Consular Consolidated 
Database.

SEC. 8. FACILITATING ACCESS.

    (a) Finding.--Congress finds that improvements in visa processing 
would enhance the national security of the United States by--
            (1) permitting closer scrutiny of visa applicants who might 
        pose threats to national security; and
            (2) permitting the timely adjudication of visa applications 
        of those whose presence in the United States serves important 
        national interests.
    (b) Sense of Congress.--It is the sense of Congress that 
improvements in visa processing should include--
            (1) 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;
            (2) a greater focus by the visa system on visitors who 
        require special screening, while minimizing delays for 
        legitimate visitors;
            (3) a timely, transparent, and predictable visa process, 
        through appropriate guidelines for inter-agency review of visa 
        applications; and
            (4) a provision of the necessary resources to fund a visa 
        processing system that meets the requirements of this Act.
    (c) Visa Processing.--
            (1) In general.--Not withstanding any other provision of 
        law, not later than 60 days after the date of enactment of this 
        Act, the Secretary of State shall issue appropriate guidance to 
        consular officers in order to--
                    (A) give consulates appropriate discretion to grant 
                waivers of personal appearance for foreign students, 
                scholars, scientists and exchange visitors in order to 
                minimize delays for legitimate travelers while 
                permitting more thorough interviews of visa applicants 
                in appropriate cases;
                    (B) 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 for people previously approved for visas 
                who had to depart the United States for family 
                emergencies; and
                    (C) give appropriate discretion, according to 
                criteria developed at each post and approved by the 
                Secretary of State, to view as ``recreational in 
                nature'' courses of a duration no more than 1 semester 
                or its equivalent, and not awarding certification, 
                license or degree, for purposes of determining 
                appropriateness to visitor status.
            (2) Timeliness standards.--Not later than 60 days after the 
        date of enactment of this Act, the President shall publish 
        final regulations for inter-agency review of visa applications 
        requiring security clearances which establish the following 
        standards for timeliness for international student, scholar, 
        scientist, and exchange visitor visas that--
                    (A) establish a 15-day standard for responses to 
                the Department of State by other agencies involved in 
                the clearance process;
                    (B) establish a 30-day standard for completing the 
                entire inter-agency review and advising the consulate 
                of the result of the review;
                    (C) 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; and
                    (D) establish a special review process to resolve 
                any cases whose resolution is still pending after 60 
                days.
    (d) Standards for Visa Evaluations.--
            (1) 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--
                    (A) 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
                    (B) by striking ``and solely'' after 
                ``temporarily''.
            (2) Presumption of status.--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''.
    (e) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of State shall report to appropriate 
congressional committees on--
            (1) the feasibility of expediting visa processing for 
        participants in official exchange programs, and for students, 
        scholars, scientists and exchange visitors through prescreening 
        of applicants by the government or a university in the country 
        in which the individual resides, a Department of State 
        educational advising center located in a foreign country, or 
        other appropriate entity;
            (2) the feasibility of developing the capability to collect 
        biometric data without requiring an applicant for a visa to 
        appear in person at a United States mission in a foreign 
        country; and
            (3) the implementation of the guidance described in 
        subsection (b), including the training of consular officers, 
        and the effect of such guidance and training on visa processing 
        volume and timeliness.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

     There are authorized to be appropriated such sums as may be 
necessary to carry out to carry out this Act, including for the 
consular affairs and educational and cultural exchange functions of the 
Department of State, the visa application review and SEVIS database 
management function of the Department of Homeland Security, for the 
Departments of Education, Commerce, and State to develop an implement a 
marketing plan to attract international students, scholars, scientists, 
and exchange visitors, and for database improvements in the Federal 
Bureau of Investigations as specified in section 7.
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