1.
This Act may be cited as the
American Competitiveness Through
International Openness Now Act of 2005
or as the
ACTION Act of
2005
.
2.
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.
3.
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)
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).
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:
115.
Strategic plan for international educational
exchange
(a)
(1)
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)
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)
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)
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)
(1)
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)
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)
Not later than November 30
2005, and annually thereafter through 2008, the President shall submit to
Congress the report described in this subsection.
.
5.
Fairness in the SEVIS process
(a)
Reduced fee for short-term study
(1)
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)
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.
6.
Reforming SEVIS database management
(a)
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)
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.
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)
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.
8.
(a)
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)
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)
(1)
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)
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)
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)
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)
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.
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.