[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2653 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2653

   To further United States security by restoring and enhancing the 
   competitiveness of the United States for international students, 
    scholars, scientists, and exchange visitors and by facilitating 
                 business travel to the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2008

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

_______________________________________________________________________

                                 A BILL


 
   To further United States security by restoring and enhancing the 
   competitiveness of the United States for international students, 
    scholars, scientists, and exchange visitors and by facilitating 
                 business travel to the United States.

    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 2008'' or as the ``ACTION Act of 
2008''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Although the United States is engaged in a global 
        competition for international students and scholars, the United 
        States lacks a comprehensive strategy for conducting and 
        succeeding in this competition.
            (2) In January 2008, the Secure Borders and Open Doors 
        Advisory Committee of the Homeland Security Advisory Council 
        issued a report that specifically cites international education 
        as a key component of public diplomacy, stating: ``America is 
        losing competitiveness for international students for one 
        primary reason ... because our competitors have--and America 
        lacks--a proactive national strategy that enables us to 
        mobilize all the tools and assets at our disposal, and that 
        enables the federal bureaucracy to work together in a coherent 
        fashion, to attract international students.''
            (3) Attracting the world's most talented students and 
        scholars to campuses and research institutes in the United 
        States will contribute significantly to the leadership, 
        competitiveness, and security of this Nation.
            (4) The international student market has been transformed 
        in the 21st century. Traditional competitor countries have 
        adopted and implemented strategies for capturing a greater 
        share of the market. New competitors, primarily the European 
        Higher Education Area, have entered the market. Traditional 
        sending countries, such as China and India, are expanding their 
        indigenous higher education capacity, both to retain their own 
        students and to attract international students. All of these 
        changes are giving international students many more options for 
        pursuing higher education outside their home countries.
            (5) The number of international students enrolled in United 
        States higher education institutions declined in the academic 
        years 2003-04 and 2004-05, and remained constant in academic 
        year 2005-06. In academic year 2006-07, international student 
        enrollments increased 3 percent, yet remained below the peak 
        level, achieved in the 2002-03 academic year.
            (6) From 2003 to 2006, international student enrollments 
        increased--
                    (A) by more than 80,000 in the United Kingdom;
                    (B) by more than 50,000 in Australia and France; 
                and
                    (C) by more than 20,000 in Germany and Japan.
            (7) Anecdotal evidence indicates that international 
        students, scholars, and scientists continue to find the process 
        of gaining entry to the United States to be demeaning and 
        unnecessarily cumbersome.
            (8) While intensive English programs in the United States 
        are a gateway to degree programs, international student 
        enrollments in such programs have declined by almost 50 percent 
        since 2000, and many schools offering such programs have 
        closed. This is due primarily to the difficulty of obtaining a 
        United States visa for the purpose of studying English.
            (9) At a time when talent is both scarce and mobile and 
        attracting talent is essential to the leadership, 
        competitiveness, and security of the United States, it is as 
        important for our Nation's visa system to be a gateway for 
        international talent as it is for it to be a barrier to 
        international criminals. Although the Department of State has 
        made significant progress in improving the United States visa 
        system, the system still does not effectively serve this dual 
        purpose.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that it should be the policy of the 
United States--
            (1) to make international educational exchange a priority 
        in order to promote United States leadership, competitiveness, 
        and security;
            (2) to restore United States competitiveness for 
        international students, scholars, scientists, and exchange 
        visitors;
            (3) to ensure that all agencies of the United States 
        Government work together to create a welcoming environment for 
        legitimate international students, scholars, scientists, and 
        exchange visitors, without sacrificing safety;
            (4) to pursue a visa policy that keeps the United States 
        safe, prosperous, and free, by--
                    (A) addressing legitimate security concerns; and
                    (B) keeping the United States a welcoming Nation; 
                and
            (5) to ensure that United States consulates have adequate 
        resources to perform their required duties.

SEC. 4. ENHANCING UNITED STATES COMPETITIVENESS FOR INTERNATIONAL 
              STUDENTS, SCHOLARS, SCIENTISTS, AND EXCHANGE VISITORS.

    (a) Strategic Plan.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        Committee on Foreign Relations of the Senate and the Committee 
        on Foreign Affairs of the House of Representatives a strategic 
        plan for increasing the competitiveness of the United States 
        for international students, scholars, scientists, and exchange 
        visitors.
            (2) Content.--The strategic plan submitted under this 
        subsection shall include--
                    (A) a clear directive to the Department of State, 
                the Department of Homeland Security, the Department of 
                Education, the Department of Commerce, the Department 
                of Energy, and other Federal departments that impact--
                            (i) the propensity of international 
                        students, scholars, scientists, and exchange 
                        visitors to visit the United States;
                            (ii) the ability of such individuals to 
                        gain entry into the United States; and
                            (iii) the ability of such individuals to 
                        obtain a driver's license, Social Security 
                        card, and other documents essential to daily 
                        life in the United States;
                    (B) a marketing plan, including continued 
                improvements in the use of the Internet and other media 
                resources, to promote and facilitate study in the 
                United States by international students;
                    (C) a clear division of labor among the departments 
                referred to in subparagraph (A);
                    (D) a plan to enhance the role of 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 clarification of the lines of authority and 
                responsibility for international students in the 
                Department of Commerce;
                    (F) a clear role for the Department of Education in 
                increasing the competitiveness of the United States for 
                international students; and
                    (G) a clear delineation of the lines of authority 
                and streamlined procedures within the Department of 
                Homeland Security related to international students, 
                scholars, scientists, and exchange visitors.
    (b) International Education Coordination Council.--
            (1) Establishment.--There is established in the Executive 
        Office of the President a council to be known as the 
        International Education Coordination Council (referred to in 
        this subsection as the ``Council'').
            (2) Purpose.--The Council shall coordinate the activities 
        of the Federal Government in order to further the purposes of 
        this Act.
            (3) Chair.--The President shall designate an official of 
        the Executive Office of the President to preside over the 
        Council.
            (4) Composition.--The Council shall be composed of the 
        following positions, or their designees:
                    (A) The Secretary of State.
                    (B) The Secretary of Homeland Security.
                    (C) The Secretary of Education.
                    (D) The Secretary of Commerce.
                    (E) The Secretary of Energy.
                    (F) The Secretary of Labor.
                    (G) The Director of the Federal Bureau of 
                Investigation.
                    (H) The Commissioner of Social Security.
                    (I) The head of any other agency designated by the 
                President.
    (c) Elimination of Nonimmigrant Intent Criterion for Students.--
            (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''.
            (2) Presumption of status.--Section 214(b) of the 
        Immigration and Nationality Act is amended by striking 
        ``subparagraph (L) or'' and inserting ``subparagraph (F), (L), 
        or''.
    (d) Countering Visa Fraud.--The Secretary of State shall--
            (1) require United States consular offices, with particular 
        emphasis on consular offices in countries that send large 
        numbers of international students and exchange visitors to the 
        United States, to submit to the Secretary plans for countering 
        visa fraud that respond to the particular fraud-related 
        problems in the countries where such offices are located; and
            (2) not later than 180 days after enactment of this Act, 
        report to the Committee on Foreign Relations of the Senate and 
        the Committee on Foreign Affairs of the House of 
        Representatives on the measures taken to counter visa fraud 
        under the plans submitted under paragraph (1).
    (e) Improving the Security Clearance Process for Scientists.--
            (1) Duration of security clearances.--The Secretary shall 
        extend the duration of security clearances for scientists 
        admitted under section 101(a)(15)(J) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(J)) until sooner of--
                    (A) the expiration of the program for which the 
                scientist was admitted; or
                    (B) the date that is 5 years after the beginning of 
                such extension.
            (2) Portability of security clearances.--
                    (A) Validity across nonimmigrant classifications.--
                Except as provided under subparagraph (B), a security 
                clearance issued with respect to an individual 
                classified within a nonimmigrant classification shall 
                remain valid with respect to a change of the individual 
                to another nonimmigrant classification if the security 
                clearance approved in connection with the first 
                classification is in substantially the same field as 
                the field involved in the subsequent classification.
                    (B) National interest waiver.--Subparagraph (A) 
                shall not apply with respect to an applicant for a 
                security clearance if the Secretary determines that the 
                application of such subparagraph with respect to such 
                applicant is not in the national security interests of 
                the United States.
            (3) Visa processing time.--The Secretary shall issue 
        appropriate guidance to--
                    (A) reduce the length of time required to issue 
                visas to scientists to a maximum of 30 days; and
                    (B) provide for a special review process to resolve 
                instances in which the length of time required to issue 
                visas to scientists exceeds 45 days.
            (4) Review of technology alert list.--
                    (A) Interagency process.--The Secretary shall 
                establish an interagency group to review the technology 
                alert list not less frequently than once every 2 years.
                    (B) Chair.--The interagency review group 
                established pursuant to subparagraph (A) shall be 
                chaired by an appropriate official of the Department of 
                State.
                    (C) Consultation.--As part of its assessment of the 
                current state of technology, the interagency review 
                group shall consult with academic experts and with 
                companies that manufacture and distribute the items on 
                the technology alert list.
                    (D) Implementation.--The Secretary shall--
                            (i) promptly revise the technology alert 
                        list in accordance with the recommendations of 
                        the group; and
                            (ii) promptly notify consular officials of 
                        the Department of State of the revisions.
            (5) Annual report.--
                    (A) Submission.--The Secretary shall submit an 
                annual report on the implementation of this subsection 
                to--
                            (i) the Committee on Banking, Housing, and 
                        Urban Affairs of the Senate;
                            (ii) the Committee on Foreign Relations of 
                        the Senate;
                            (iii) the Committee on Armed Services of 
                        the Senate;
                            (iv) the Committee on Energy and Commerce 
                        of the House of Representatives;
                            (v) the Committee on Science and Technology 
                        of the House of Representatives; and
                            (vi) the Committee on Armed Services of the 
                        House of Representatives.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include such information as the 
                Secretary determines appropriate, including--
                            (i) progress made to reduce the length of 
                        time required to process visas to scientists, 
                        including the average processing time to 
                        complete security clearances for visa 
                        applicants in each nonimmigrant visa 
                        classification under section 101(a)(15) of the 
                        Immigration and Nationality Act;
                            (ii) any revisions made to the technology 
                        alert list under paragraph (4);
                            (iii) the number of individuals in each 
                        nonimmigrant visa classification who have--
                                    (I) received a security clearance 
                                in the preceding year;
                                    (II) been approved for a visa after 
                                receiving such clearance; or
                                    (III) been denied such clearance; 
                                and
                            (iv) the distribution of such individuals 
                        by country of nationality.
            (6) Definitions.--In this subsection:
                    (A) Scientists.--The term ``scientists'' means 
                individuals subject to clearance under section 
                212(a)(3)(A)(i)(II) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(3)(A)(i)(II)).
                    (B) Secretary.--The term ``Secretary'' means the 
                Secretary of State.
                    (C) Technology alert list.--The term ``technology 
                alert list'' means the list of goods, technology, and 
                sensitive information that is maintained by the 
                Department of State.
    (f) Short-Term Study on Tourist Visa.--Section 101(a)(15)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)) is amended by 
inserting ``for a period longer than 90 days'' after ``study''.
    (g) Drivers' Licenses for International Students and Exchange 
Visitors.--Section 202(c)(2)(C) of the Real ID Act of 2005 (49 U.S.C. 
30301 note) is amended by adding at the end the following:
                            ``(v) Provisions for nonimmigrants 
                        monitored under the student and exchange 
                        visitor information system.--With respect to a 
                        nonimmigrant subject to the monitoring system 
                        required under section 641 of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (8 U.S.C. 1372)--
                                    ``(I) notwithstanding clause (ii), 
                                a temporary driver's license or 
                                temporary identification card issued to 
                                such nonimmigrant pursuant to this 
                                subparagraph shall be valid for the 
                                shorter of--
                                            ``(aa) the period of time 
                                        of the nonimmigrant's 
                                        authorized stay in the United 
                                        States; or
                                            ``(bb) the standard 
                                        issuance period for drivers' 
                                        licenses provided by the State; 
                                        and
                                    ``(II) valid status under that 
                                monitoring system shall be deemed to be 
                                valid documentary evidence that the 
                                nonimmigrant maintains status for 
                                purposes of clause (iv).''.
    (h) Change of Status for Certain F-visa Holders Seeking Adjustment 
of Status.--An individual who has been in valid status under section 
101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(F)) shall be considered to have remained in such status 
until the beginning of a fiscal year if--
            (1) a petition under section 101(a)(15)(H)(i)(b) of such 
        Act has been filed on behalf of such individual and has been 
        approved for such fiscal year;
            (2) the cap with respect to such petitions provided in 
        paragraph (1)(A) or (5)(C) of section 214(g) of such Act was 
        reached before such fiscal year; and
            (3) such individual's valid status under section 
        101(a)(15)(F) of such Act would otherwise terminate not more 
        than 6 months before such fiscal year.
    (i) Social Security Enumeration at Ports of Entry.--
            (1) Finding.--Congress finds that section 
        205(c)(2)(B)(i)(I) of the Social Security Act (42 U.S.C. 
        405(c)(2)(B)(i)(I)) requires the Commissioner of Social 
        Security to assign Social Security numbers, to the maximum 
        extent practicable, to aliens at the time of their lawful 
        admission to the United States--
                    (A) for permanent residence; or
                    (B) under any other status which permits such 
                aliens to engage in employment in the United States.
            (2) Memorandum of understanding.--Pursuant to such section, 
        not later than 180 days after the date of the enactment of this 
        Act, the Commissioner of Social Security, the Secretary of 
        State, and the Secretary of Homeland Security shall reach 
        agreement on a memorandum of understanding to expand the 
        enumeration-at-entry program to include all eligible 
        individuals seeking admission to the United States under 
        section 101(a)(15)(J) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(J)).
            (3) Implementation.--Not later than 1 year after the date 
        of the enactment of this Act, the expanded enumeration-at-entry 
        program described in paragraph (2) shall become effective at 
        all United States ports of entry.

SEC. 5. FACILITATING BUSINESS AND ACADEMIC TRAVEL.

    (a) Expedited Visa Reviews for Trusted Travelers.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State shall 
        establish a trusted traveler program for international 
        students, researchers, scholars, and individuals engaged in 
        business, which shall operate in accordance with such guidance 
        and procedures as the Secretary may determine.
            (2) Trusted traveler described.--The trusted traveler 
        program shall provide for expedited visa review for--
                    (A) frequent low-risk visitors to the United 
                States, who--
                            (i) have a history of visa approvals;
                            (ii) have not violated their immigration 
                        status;
                            (iii) have provided biometric data; and
                            (iv) have agreed to provide the consulate 
                        with such information as the Secretary may 
                        require; and
                    (B) aliens admitted under subparagraph (F) or (J) 
                of section 101(a)(15) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15), who--
                            (i) are pursuing a program in the United 
                        States;
                            (ii) have not violated their immigration 
                        status;
                            (iii) have left the United States 
                        temporarily; and
                            (iv) require a new visa to return to the 
                        same program.
            (3) Authority to waive personal appearance.--
        Notwithstanding section 222(h) of the Immigration and 
        Nationality Act (8 U.S.C. 1202(h)), the Secretary may waive the 
        requirement for an in-person interview by a consular officer 
        with respect to trusted travelers described in paragraph (2).
    (b) Enhancing Consular Resources and Performance.--
            (1) Requirement.--The Secretary of State shall--
                    (A) issue instructions providing for--
                            (i) enhanced staffing of United States 
                        consulates with high demand for visas and long 
                        visa-processing backlogs; and
                            (ii) enhanced training, in partnership with 
                        institutions of higher education, leaders in 
                        educational exchange, and the business 
                        community, for consular officers with respect 
                        to processing visas for international students 
                        and scholars and individuals traveling for 
                        business;
                    (B) issue strong operational guidance to all United 
                States consular posts to eliminate inconsistencies in 
                visa processing; and
                    (C) through regular reviews, hold such posts 
                accountable for removing such inconsistencies.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall report to the 
        Committee on Foreign Relations of the Senate and the Committee 
        on Foreign Affairs of the House of Representatives on the 
        implementation of this subsection.
    (c) Restoration of Revalidation Procedures for Employment-Based 
Visas.--
            (1) In general.--Section 222 of the Immigration and 
        Nationality Act (8 U.S.C. 1202) is amended by adding at the end 
        the following:
    ``(i) The Secretary of State shall issue regulations to permit an 
alien granted a nonimmigrant visa under subparagraph (E), (H), (I), 
(L), (O), or (P) of section 101(a)(15) to apply for a renewal of such 
visa within the United States if--
            ``(1) such visa is valid or did not expire more than 12 
        months before the date of such application;
            ``(2) the alien is seeking a nonimmigrant visa under the 
        same subparagraph under which the alien had previously received 
        a visa; and
            ``(3) the alien has complied with the immigration laws of 
        the United States.''.
            (2) Conforming amendment.--Section 222(h) of such Act is 
        amended, in the matter preceding subparagraph (1), by striking 
        ``Notwithstanding'' and inserting ``Except as provided under 
        subsection (i), and notwithstanding''.
    (d) Comprehensive Human Capital Workforce Plan.--The Secretary of 
State and the Secretary of Homeland Security shall jointly--
            (1) develop a plan for the appropriate selection, training, 
        and supervision of Federal Government officials whose contact 
        with foreign citizens impacts the international image of the 
        United States, including consular and customs and border 
        protection officials; and
            (2) submit an annual report on the implementation of the 
        plan described in paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Homeland Security of the House 
                of Representatives; and
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives.
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