On February 14 of this year, Senators Norm Coleman (R, Minn) and Jeff Bingaman (D, NM) introduced a bill called the ACTION (American Competitiveness Through International Openness Now) Act. its purpose, among other things, is to facilitate access to our universities by international students by streamlining government procedures which make it harder for students to obtain F-1 visas.
I urge you to read Senator Coleman's remarks, reprinted below from the Feb. 14 issue of the
Congressional Record, and consider lending your support to this worthy proposal. You can do so by going to the US Advocacy Action Center for TESOL, at
http://capwiz.com/tesol/issues/alert/?alertid=11212261********
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, 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 ur 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, 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,
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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.
