[Congressional Record Volume 154, Number 25 (Thursday, February 14, 2008)]
[Senate]
[Pages S1068-S1072]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COLEMAN (for himself and Mr. Bingaman):
  S. 2653. 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; to the Committee on 
the Judiciary.
  Mr. COLEMAN. Mr. President, today, along with my distinguished 
colleague from New Mexico, Senator Bingaman, I am introducing 
legislation to restore and enhance our Nation's competitiveness for 
international students, scholars, scientists, and exchange visitors, 
and better facilitate legitimate business travel to the U.S.
  In the immediate aftermath of the events of 9/11, it was necessary to 
take the steps we did to improve and enhance our Nation's security. But 
in the more than 6 years since 9/11, these well-intentioned changes 
have had unintended consequences, stifling legitimate academic and 
scientific exchange and international business travel, and tarnishing 
our Nation's image around the world.
  Three years ago, Senator Bingaman and I introduced a similar bill 
designed to reverse the decline in the number of foreign students 
studying at American colleges and universities. At that time, 
international applications to U.S. graduate schools and to English as a 
Second Language, ESL, programs were plummeting, and visa delays were 
numbering in the thousands. Visa delays were also negatively impacting 
the scientific and business communities, resulting in billions of 
dollars of losses for the U.S. economy, as scientific research, 
conferences, and business meetings had to be canceled and shifted to 
overseas locations.
  Over the past 3 years, there have been improvements with visa 
issuance, and it is the State Department's Bureau of Consular Affairs, 
particularly Assistant Secretary Maura Harty, who deserves much of the 
credit. I am pleased with their advancements to enhance consular staff; 
adopt newer,

[[Page S1069]]

more efficient technology; offer international students, scholars, and 
exchange visitors preferential consideration when scheduling in-person 
interview appointments; and extend security clearance validity. The 
Department also has established a business visa center to field 
inquiries from U.S. businesses and their worldwide counterparts, 
although the center cannot expedite in-person interview appointments or 
the processing of visa applications.
  This is not to say that visa delays have disappeared entirely. Delays 
do continue to occur, albeit not at the huge volume they once were. 
Because of this, there is a lot of lingering uncertainty about the 
process which generates a great deal of concern for international 
students, scholars, exchange visitors, and business travelers, and 
reinforces a perception that America is not a welcoming place for 
international visitors.
  Indeed, serious concerns remain regarding the U.S. position in the 
competition for international talent, particularly among higher 
education, the scientific community, and the private sector. Our 
competitiveness problem is not just a visa problem--we cannot solve it 
simply by fixing the visa problems that were created after 9/11.
  The U.S. now faces strong competition for international students, 
scholars, scientists, and exchange visitors. The United Kingdom, 
Australia, New Zealand, and the European Union all have coordinated, 
government-led strategic plans in place for attracting international 
students and scholars to their colleges and universities. Even our 
neighbor to the north, Canada, plans to announce a strategic plan this 
year. Meanwhile, traditional sending countries such as China and India 
are expanding their own higher education offerings, both to retain more 
of their own students and to attract international students. In the 
face of this competition, the U.S. still struggles along with piecemeal 
efforts, with each positive action seemingly cancelled out by a 
negative action and persistent negative perceptions. The results are 
worrisome.
  While international student enrollment in the U.S. declined in both 
the 2003-2004 and 2004-2005 academic years, and remained stagnant in 
2005-2006, over the same period, enrollment in the United Kingdom 
jumped more than 80,000, in Australia and France more than 50,000, and 
in Germany and Japan more than 20,000. In 2006, then-U.K. Prime 
Minister Tony Blair announced a goal of attracting an additional 
100,000 international students to Great Britain in the next 5 years.
  Although we have started to see the enrollment numbers tick upwards 
slightly just this past year--in Minnesota, 9,048 international 
students were studying at colleges and universities last academic year, 
contributing $186.4 million to the state's economy--it is still below 
the peak level of 9,143 achieved in 2003-2004, so there is still ground 
to make up for what was lost over the past 3 years to ensure we regain 
our place as the most desired destination for study and for research. 
Even if we return to pre-9/11 numbers, we may find we have lost market 
share to competing nations.
  Why should this matter to the U.S.? Recent public opinion polls taken 
around the world show that the U.S. has fallen out of favor. But these 
same polls also show that foreigners who have personally visited the 
U.S. have a significantly more favorable opinion than those who have 
never visited.
  International students and scholars benefit greatly from their 
experiences in the U.S., not only from their studies and research, but 
also from living in daily American life. They carry these experiences 
home, often becoming ambassadors of goodwill and understanding. Many go 
on to achieve leadership positions in their home countries in 
government, business, or education. These exchanges also benefit 
American students, researchers and business colleagues, who similarly 
have the opportunity to learn about another culture in this globalized 
world.
  Two expert commissions recently issued recommendations citing 
international educational exchange as a critical form of public 
diplomacy outreach. Last November, the Center for Strategic and 
International Studies' Commission on Smart Power cited international 
educational exchange as a key element for improving America's declining 
standing and influence in the world. Just last month, the Secure 
Borders and Open Doors Advisory Committee, a federal advisory committee 
tasked by the Departments of Homeland Security and State to provide 
recommendations on the Departments' missions to protect not only 
America's security but also our economic livelihood, ideals, image, and 
strategic relationships with the world, cited the need for a proactive 
national strategy to mobilize all the tools and assets at our disposal 
to attract international students and scholars to the U.S.
  International students and scholars are not only important for public 
diplomacy, they also are essential for our Nation's global 
competitiveness. They make significant contributions to our economic 
growth and innovation. According to recent National Science Board data, 
nearly half of all graduate enrollments at U.S. colleges and 
universities in the science and engineering fields are international 
students. And these students often go on to positively impact future 
research and technology output in this country. I strongly support 
efforts to build up America's own supply of science and technology 
talent, but we also must continue to actively attract international 
talent to our shores if we are to retain our innovative edge.
  It is a reality of our time that, at the high-skill level, the 
temporary immigration system has become a conveyor belt of talent into 
the permanent immigration system. Most foreign students do want to go 
home after graduation, but some want to stay and use the knowledge they 
have acquired at our universities. For example, Ms. Indra Nooyi, the 
current CEO of PepsiCo, the world's fourth largest food and beverage 
company, is herself a former international student who received her 
master's degree from Yale University's School of Management.
  So it is for all these important reasons that Senator Bingaman and I 
once again introduce legislation on this important issue: The American 
Competitiveness Through International Openness Now, ACTION, Act of 
2008.
  This year's bill once again calls for the establishment of a 
strategic plan for increasing the competitiveness of the U.S. in 
recruiting international students, scholars and exchange visitors. The 
U.S. can no longer sit back and rest on its laurels when engaging in 
this global competition, especially when all of our competitors clearly 
have stepped up their game.
  Our biggest problem is our inability to marshal the efforts of all 
the relevant agencies into one coherent effort. Too often, these 
agencies work in an uncoordinated manner, or worse, at cross purposes. 
The PR blunder cases, where one arm of our government sets up exchange 
programs to attract people and another arm of the government detains 
them at the border, is only the tip of the iceberg. Our legislation 
would create a White House-chaired International Education Coordinating 
Council to guide the work of the myriad agencies that affect our 
competitiveness for international students and exchange visitors.
  One of the most important provisions in the legislation would remove 
the nonimmigrant intent requirement for international students, the so-
called 214(b) rule. This outdated requirement that all applicants for 
student visas must intend to return home after their studies makes no 
sense, especially when talent-starved high-tech industries actively 
court international students upon graduation. As I stated earlier, our 
ability to attract international talent is essential to sustaining our 
competitive edge in the world. Retaining such a requirement is simply 
out of step in this day and age, especially when most of our 
competitors are going out of their way to enact policies to make it 
easier for international students to stay after graduation.
  The bill calls for further improvement in the timeliness and 
efficiency of the visa issuance process for those in the sciences. It 
directs the Secretary of State to issue guidance to reduce the length 
of time to issue visas to scientists to a maximum of 30 days, and to 
provide a special review process for those cases that are delayed more 
than 45 days. It also directs the Secretary of State to review and 
update the Technology Alert List on a regular basis,

[[Page S1070]]

and to consult with academia and the private sector as part of this 
review, to ensure the list reflects the current state of technology.
  It also calls for expediting visa reviews for so-called ``Trusted 
Travelers'': easily identifiable, low-risk frequent travelers who have 
a history of past visa approvals, haven't violated their immigration 
status, and have provided their biometric data, plus any additional 
information required, to the consulate. This would both ease travel for 
these individuals and permit consular resources to be focused on more 
important cases. There is also a provision to also allow expedited visa 
reviews for international students, scholars and exchange visitors who 
leave the United States temporarily to visit their families or attend 
conferences and require a new visa to return to the same program. 
Today, these people can be stranded abroad for months without being 
able to return to their programs.
  The legislation calls for the reinstatement of domestic or stateside 
visa renewals for those here on employment-based non-immigrant visas. 
This practice was discontinued in 2004, because U.S. consulates abroad 
were better equipped to collect the required biometric data from the 
renewal applicant. Given today's available technology, we should seek 
to reinstate this practice. This would help to alleviate the volume of 
renewal applicants at our overseas consulates, as well as help renewal 
applicants who often opt to forgo travel overseas due to the 
uncertainty of timely and efficient processing of their renewal 
applications.
  Finally, there has been much public debate about driver's licenses 
and Real ID. In our well-intentioned efforts to ensure that only 
persons in the U.S. legally are able to acquire driver's licenses, we 
have unintentionally hamstrung the ability of legal nonimmigrants to 
have licenses. Real ID's unrealistic documentation and renewal 
requirements for international students and scholars send yet another 
negative signal about America's openness to them, and frankly ignore 
technical advances which could provide both better assurances about a 
person's legal status and licenses of a longer validity. Our bill will 
correct this problem in a way that will strengthen, not weaken, the 
integrity of driver's licenses.
  For all of these reasons, our legislation is endorsed by NAFSA: 
Association of International Educators, the world's largest 
professional association advocating for international education and 
exchange programs, by the National Foreign Trade Council, the Nation's 
premier business organization dedicated to advancing global commerce, 
and by USA Engage, a leading broad-based coalition of trade 
associations promoting global economic engagement.
  The American way of life owes its success and vitality to its 
historic ability to harness the best in knowledge and ideas, not only 
those that are homegrown, but also those that come from outside our 
borders. The longer we wait to take action, the more we risk missing 
out on future U.S. academic, business, and research success.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2653

       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;

[[Page S1071]]

       (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,

[[Page S1072]]

     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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