II 110th CONGRESS 2d Session S. 2653 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.

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.

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.

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.

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.

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.