[Congressional Record Volume 151, Number 18 (Thursday, February 17, 2005)]
[Senate]
[Pages S1673-S1676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COLEMAN (for himself and Mr. Bingaman):
  S. 455. 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; to the Committee on Foreign Relations.
  Mr. COLEMAN. Mr. President, today I am introducing legislation to 
reverse the decline in the number of international students studying at 
American colleges, universities, and high schools. I am very pleased to 
be joined by my friend and colleague, Senator Bingaman, who cares 
deeply about these issues as I do.
  Policies implemented to keep our country safe in the wake of 
September 11 have had the unintended consequence of dramatically 
reducing the number of international students studying in the United 
States. Total international applications to U.S. graduate schools fell 
28 percent from fall 2003 to fall 2004, and 54 percent of all English 
as a Second Language (ESL) programs have reported declines in overall 
applications at a time where countries such as the U.K., Canada, and 
Australia are experiencing increases.
  Why is this a concern for our country?
  From a foreign policy perspective, America needs all the Ambassadors 
of goodwill we can get. In a world that too often hates Americans 
because they do not know us, international education represents an 
opportunity to break down barriers. It is in our local and national 
interest for the best and brightest foreign students to study in 
America because these are people who will lead their nations one day. 
The experience they gain with our democratic system and our values 
gives them a better understanding of what America is and who Americans 
are.
  My caseworkers in Minnesota have dealt with literally hundreds of 
student visas cases. One case in particular stands out--that of 
Humphrey Tusimiirwe, a brilliant student from Uganda who was having 
difficulty getting his student visa for study at St. Thomas. 
Fortunately, after several calls to the U.S. Ambassador, Humphrey's 
story ultimately had a happy ending, and he is going to be part of our 
panel at the University of Minnesota. But too many other students are 
barred from coming to study in America, and far too many are choosing 
to not study in the U.S. and instead go elsewhere.
  I have heard from Minnesota's colleges and universities. The presence 
of international students on campuses gives American students an 
irreplaceable opportunity to learn about other cultures and points of 
view. That's why this legislation has the endorsement of the University 
of Minnesota, the MnSCU student association, the Minneapolis Star 
Tribune and Rochester Post Bulletin, and others. International 
education is a $13 billion industry, and foreign students who pay full 
tuition help keep costs down for American students. In Minnesota alone, 
international students contribute some $175 million to our economy.
  Finally, I think this is an economic competitiveness issue too. 
Attracting the world's top scientific scholars helps to keep our 
economy competitive. Too many of the world's best scientists are opting 
against studying in the U.S. because of the barriers we have imposed. 
We need the world's best and brightest to continue to do their research 
here, and to continue to use their talents to improve American 
innovation and ultimately create American jobs. Many of America's most 
innovative business leaders and top CEOs came to the U.S. as 
international students.
  At the same time, laws are in place to make sure companies hire 
American workers first, and my legislation would not change that. 
That's why I will introduce legislation, the COMPETE Act, that will 
make sure American students have the math, science, and engineering 
skills needed to stay competitive.
  While the State Department has made some very important strides, such 
as extending the validity of Visas Mantis security clearances and 
speeding up their processing time, there are still too many qualified 
students unable to get visas to study in America, and too many who 
today are deterred from even applying.
  That's why I am pleased once again to join with my friend the Senator 
from New Mexico in introducing the American Competitiveness Through 
International Openness Now (ACTION) Act. Our bill calls for a number of 
steps that would help America regain our place as the top destination 
for international students, scholars, scientists and exchange visitors.
  First, our bill calls for a strategic marketing plan similar to 
strategies implemented by the U.K., E.U., Canada and Australia to help 
America regain lost ground in attracting the world's best and 
brightest. There is a perception around the world that America is no 
longer a welcoming place, so we need to be deliberate and smart in our 
efforts to change that view.
  The bill calls for more realistic standards for visa evaluations by 
updating a 50-year old criterion for visa approval and admittance to 
the United States. Under the so-called 214(b) rule, young people 
currently need to prove that they have ``essential ties'' to their home 
countries and no intention of emigrating to the U.S. But in this age of 
globalization, it is increasingly difficult for a 20-year old to do 
this. Many have lived and studied in other countries, and some have 
lost their parents to AIDS. They don't own a house or a business, they 
don't have spouses or children. Consular officers treat every student 
as an intending immigrant, and it is exceedingly difficult for a 
student to prove otherwise.
  Our legislation calls for common-sense changes to management of the 
SEVIS system, which tracks international students and visitors. Under 
this legislation, the database would be run more effectively, and fees 
would be collected in a more fair manner.
  The bill also sets standards for more timeliness and certainty in the 
student visa process, upgrading communication between government 
agencies dealing with student visas and enabling them to identify 
security risks and clear those who are not a threat more quickly.
  I spent time in Minnesota last Friday listening to my constituents' 
views about this bill and the positive effect it would have on 
Minnesota colleges and universities. The response was overwhelming. 
These summits prompted me to add a section to the bill dealing 
specifically with students who have to return home for family 
emergencies, and a section to help intensive English programs compete 
with their counterparts in the U.K. and Australia.
  We have often seen that prejudice is bred by isolation. Those who 
only look at this country through a keyhole can draw all kinds of 
outrageous conclusions. But exposure and interaction bring people 
together. Especially in a time when we are burdened with the question, 
``Why do they hate us?'' we need to enhance those opportunities for 
people to see us as we really are. International exchanges present 
precisely this opportunity.
  International education brings too much to our campuses, our 
communities, our economy and our national security to become another 
victim of the age of terrorism. If we can take ACTION to reverse the 
decline now, all Americans will reap the benefits for decades to come.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 455

       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

[[Page S1674]]

     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 and90 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

[[Page S1675]]

       (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.

  Mr. BINGAMAN. Mr. President, I rise today, along with Senator 
Coleman, to introduce the American Competitiveness Through 
International Openness Now (``ACTION'') Act of 2005.
  A few days ago, I came to the Senate floor to discuss the importance 
of the United States taking steps to ensure that we remain the world 
leader in terms of scientific research and innovation. There is a 
global competition underway for dominance in science and technology, 
and I remain concerned that the federal resources we are allocating for 
research and development are completely insufficient. At a time when 
other countries are investing more in R & D, we are cutting back 
Federal support of key science programs. Our Nation's economic 
competitiveness depends on reversing this trend.
  We must also do all we can to continue to develop a highly skilled 
domestic workforce. It is paramount that we improve math and science 
education in our school systems, and spend more on graduate education 
in science and engineering. Maintaining the world's best education 
system is essential for ensuring Americans well-paying jobs and 
critical for our economic and national security.
  Another area that we must also address in order to ensure U.S. 
competitiveness in the world economy is visa processing for scientists, 
engineers, and students wishing to come to the United States. Red tape 
and delays, although improving, still plague our overseas embassies and 
threaten our long-term economic security.
  The ACTION Act of 2005 would address this important issue.
  A country's immigration system helps determines its relationship to 
the global marketplace. The system can either be conducive to the free 
flow of ideas, scientists, and international business ventures, or it 
can provide disincentives to the flow of international talent and 
scientific collaboration.
  Since September 11, the United States has adopted a number of visa 
policies aimed at making the United States and the traveling public 
more secure. Unfortunately, those policies have also had a significant 
impact on scientific collaboration with other countries and have made 
it problematic for exchange students to come to the United States with 
the ease they once enjoyed. While the United States has an obligation 
to thoroughly vet visa applicants, we need to find ways to do so that 
keep us engaged with the rest of the world and keep our efforts

[[Page S1676]]

focused on those that seek to do us harm.
  Our international economic competitors are taking proactive steps to 
encourage highly talented students and graduates to come to their 
countries and study in their universities. In contrast, the attitude 
that the United States seems to be projecting to highly talented 
foreign scientists and students is one of complacency. This not only 
damages our image abroad, but also hampers research in the nation's 
laboratories and universities.
  Recent studies from the National Science Foundation and the Council 
of Graduate Schools, as well as State Department statistics, have 
documented a sharp decline in the foreign students seeking advanced 
scientific and technical degrees in graduate schools across the United 
States. The National Science Foundation has found that the combination 
of an overly restrictive U.S. policy towards issuing visas, the growing 
perception that the United States is hostile to foreigners, and the 
increase in opportunities overseas has significantly challenged our 
ability to attract the best and brightest from around the world to come 
to the U.S. to study and engage in open scientific exchange.
  The 2003-2004 academic year marked the first absolute decline in 
foreign student enrollments since the early 1970's. And in the fall of 
2004, international student applications to graduate schools dropped 28 
percent from the same time in 2003.
  In contrast, other countries have instituted aggressive strategies 
for attracting students, scholars, and scientists and have sought to 
encourage access to universities and promote scientific collaboration. 
One such example is Australia, which has increased international 
student enrollment 53 percent since 2001. The European Union has also 
set forth a comprehensive strategy to be the ``most competitive and 
dynamic knowledge-based economy in the world'' by 2010. A key part of 
this strategy is aimed at making the E.U. the most favorable 
destination for students, scholars, and researchers from around the 
world.
  Our university system is the envy of the world, and where we have a 
long-standing record of producing the best trained and most innovative 
scientists and engineers, and we must not concede our leadership in 
this area.
  It is also important to note that international students play an 
important economic role--the Institute of International Education 
recently determined that through tuition and living expenses, foreign 
students contribute roughly $13 billion to the U.S. economy.
  In particular, the ACTION Act of 2005 would help keep international 
students and scientist coming to the United States to participate in 
essential research and exchange programs by: improving visa processing 
in a manner consistent with national security; requiring the President 
to develop a strategic plan to enhance the recruitment and access of 
students, scholars, and scientist coming to the United States; 
reforming the SEVIS system, which tracks students, to allow approved 
schools to make corrections to a student's record to correct database 
errors; and by facilitating that the FBI and the State Department 
develop interoperable data systems.
  Openness to international students and scientist is an important 
aspect of maintaining American competitiveness in the world economy, 
and I ask my fellow colleagues to join me in supporting this essential 
bill.
                                 ______