[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2715 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2715
To improve access to graduate schools in the United States for
international students and scholars.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2004
Mr. Coleman introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To improve access to graduate schools in the United States for
international students and scholars.
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 ``International Student and Scholar
Access Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has a strategic need to improve its
student visa screening process to protect against terrorists
who would abuse the system to harm the United States.
(2) At the same time, openness to international students
and exchange visitors serves longstanding and important United
States foreign policy, educational, and economic interests, and
the erosion of such exchanges is contrary to United States
national security interests.
(3) Educating successive generations of future world
leaders in the United States has long been an important
underpinning of United States international influence and
leadership.
(4) Open scientific exchange, which enables the United
States to benefit from the knowledge of the world's top
scientists, has long been an important underpinning of United
States scientific leadership.
(5) The United States has seen a dramatic increase in
requests for Visa Mantis checks designed to protect against
illegal transfers of sensitive technology, from 1,000 in fiscal
year 2000 to 20,000 in fiscal year 2003.
(6) Delays in issuing Visa Mantis security clearances have
discouraged some international scholars from coming to the
United States.
(7) International students and their families studying in
the United States contribute close to $12,000,000,000 to the
United States economy each year, making higher education a
major service sector export.
(8) Delays in obtaining student visas have discouraged many
international students from studying in the United States.
(9) Total international applications to graduate schools in
the United States for fall 2004 declined 32 percent from fall
2003.
(10) The number of international students enrolled in the
United States, which in raw numbers consistently increased over
time and grew by 6 percent during both the 2000-2001 and 2001-
2002 school years, leveled off dramatically during the 2002-
2003 school year to an increase of only .6 percent.
(11) Concerns related to the anticipated international
student monitoring system known as ``SEVIS'' have contributed
to the decline in the number of foreign applicants to
educational institutions in the United States.
(12) The United States requires a visa system for exchange
programs that maximizes United States national security.
(13) The United States requires a comprehensive strategy
for recruiting international students as well as enhancing the
access of international students to higher education in the
United States.
TITLE I--NATIONAL STRATEGY FOR ENHANCING INTERNATIONAL STUDENT ACCESS
TO THE UNITED STATES
SEC. 101. STRATEGIC PLAN.
Not later than 180 days after the date of enactment of this Act,
the President, in consultation with United States higher education
institutions, organizations that participate in international exchange
programs, and other appropriate groups, shall submit to the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives a strategic plan for
enhancing international student access to the United States for study
and exchange activities that includes:
(1) A marketing plan to makes use of Internet and other
media resources to promote and facilitate study in the United
States by international students.
(2) 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,
and Homeland Security in promoting and facilitating access
to the United States for international student and exchange visitors.
(3) 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 international student and exchange visitors.
(4) An effective mandate and strategic plan for use of the
overseas educational advising centers of the Department of
State to promote study in the United States and to prescreen
visa applicants.
(5) Well-defined lines of authority and responsibility for
international students in the Department of Commerce.
(6) A clear mandate related to international student access
for the Department of Education.
(7) Streamlined procedures within the Department of
Homeland Security related to international student and exchange
visitors.
SEC. 102. ANNUAL REPORTS TO CONGRESS.
(a) In General.--The President, acting through the Secretary of
State and in consultation with the Secretary of Education, Secretary of
Commerce, and Secretary of Homeland Security shall submit an annual
report on the implementation of the national strategy developed in
accordance with section 101 to Congress that would describe the
following:
(1) Measures undertaken to enhance international student
access to the United States and improve inter-agency
coordination with regard to international students and exchange
visitors as provided in section 101.
(2) Measures taken to implement section 202.
(3) The number of student and exchange visitors who apply
for visas from the United States, and the number whose visas
are approved.
(4) The average processing time for student and
international visitor visas.
(5) The number of student and international visitor visas
requiring inter-agency review.
(6) The number of student and international visitor visas
approved after submission of the visa applications during each
of the following durations:
(A) Less than 15 days.
(B) 15-30 days.
(C) 31-45 days.
(D) 46-60 days.
(E) 61-90 days.
(F) More than 90 days.
(b) Submission of Report.--Not later than May 30 of 2005, and
annually thereafter through 2008, the President shall submit to
Congress the report described in subsection (a).
SEC. 103. REFORMING SEVIS FEE PROCESS.
(a) Reduced Fee for Short-Term Study.--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 in the second sentence, by inserting
before the period the following: ``or the admission of an alien under
section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F)) for a program that does not exceed 90 days''.
(b) 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 Committee on Foreign
Relations and the Committee on the Judiciary of the Senate and the
Committee on International Relations and the Committee on the Judiciary
of the House of Representatives a report on the feasibility of
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))--
(1) in local currency at local financial institutions under
procedures established by the Secretary of State; and
(2) by universities as part of a student's tuition and
fees.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of State,
Department of Education, Department of Homeland Security, and
Department of Commerce such sums as may be necessary to carry out the
activities described in section 101.
TITLE II--IMPROVING THE VISA PROCESS
SEC. 201. SENSE OF CONGRESS; PURPOSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) improvements in visa processing would enhance the
national security of the United States by--
(A) permitting closer scrutiny of visa applicants
who might pose risks; and
(B) permitting the timely adjudication of visa
applications of those whose presence in the United
States serves important national interests; and
(2) improvements must include--
(A) 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;
(B) a greater focus by the visa system on visitors
who require special screening, while minimizing delays
for legitimate visitors;
(C) a timely, transparent, and predictable visa
process, through appropriate guidelines for inter-
agency review of visa applications; and
(D) a provision of the necessary resources to fund
a visa processing system that meets the requirements of
this title.
(b) Purpose.--It is the purpose of this title to specify the
improvements described in subsection (a).
SEC. 202. VISA PROCESSING GUIDANCE.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of State--
(1) shall issue appropriate guidance to consular officers
in order to--
(A) give consulates appropriate discretion to grant
waivers of personal appearance in order to minimize
delays for legitimate travelers while permitting more thorough
interviews of visa applicants in appropriate cases;
(B) give consulates appropriate discretion to allow
security clearances under the Visas Mantis system to be
valid for the duration of status or program, in order
to avoid repetitive reviews of those visitors who leave
the United States temporarily; and
(C) 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
(2) in consultation with the Director of the Office of
Science and Technology Policy and appropriate representatives
of the United States scientific community, shall issue
appropriate guidance to consular officers in order to refine
controls on the entry of visitors who propose to engage in
study or research in advanced science and technology in order
to ensure that only cases of concern, and not nonsensitive
cases, are subjected to special review.
(b) Timeliness Standards.--Not later than 60 days after the date of
enactment of this Act, the President shall institute guidelines for
inter-agency review of visa applications requiring security clearances
which establish the following standards for timeliness in international
student and visitor visas:
(1) Establish a 15-day standard for responses to the
Department of State by other agencies involved in the clearance
process.
(2) Establish a 30-day standard for completing the entire
inter-agency review and advising the consulate of the result of
the review.
(3) 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.
(4) Require the establishment of a process by which the
applicant, or the program to which the applicant seeks access,
can inquire about the application's status and the estimated
processing time remaining.
(5) Establish a special review process to resolve any cases
whose resolution is still pending after 60 days.
SEC. 203. INTEROPERABLE DATA SYSTEMS AT THE FBI.
(a) Responsibilities of the FBI Director.--The Director of the
Federal Bureau of Investigation shall take the steps necessary to
ensure that--
(1) the Federal Bureau of Investigation's databases and
systems used in the National Name Check Program are
interoperable with the requisite databases and systems at the
Department of State;
(2) the files of the Federal Bureau of Investigation are
automated and a common database is set up between the field
offices and headquarters of the Federal Bureau of
Investigation; and
(3) the Federal Bureau of Investigation has full
connectivity to the Consular Consolidated Database through the
Open Source Information System.
(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 Committees on the Judiciary of the Senate and the House
of Representatives on progress in implementing subsection (a).
SEC. 204. SETTING REALISTIC STANDARDS FOR VISA EVALUATIONS.
(a) 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--
(1) 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
(2) by striking ``and solely'' after ``temporarily''.
(b) Technical and Conforming Amendment.--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''.
SEC. 205. REPORT.
Not later than 180 days after the date of enactment of this Act,
the Secretary of State shall report to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives on--
(1) the feasibility of expediting visa processing for
participants in official exchange programs, and for students,
scholars, and exchange visitors through prescreening of
applicants by sending countries, sending universities, State
Department overseas educational advising centers, or other
appropriate entities;
(2) the feasibility of developing abilities to collect
biometric data without requiring a visit to the Embassy by the
visa applicant; and
(3) the implementation of the guidance described in
subsections (a) and (b) of section 202, including the training
of consular officers, and the effect of this guidance and
training on visa processing volume and timeliness.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out to carry out this Act for the consular affairs
function of the Department of State, the visa application review
function of the Department of Homeland Security, and for database
improvements in the Federal Bureau of Investigations as specified in
section 203.
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