II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘International Student 

5 and Scholar Access Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The United States has a strategic need to 

9 improve its student visa screening process to protect 
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1 against terrorists who would abuse the system to 

2 harm the United States. 

3 (2) At the same time, openness to international 

4 students and exchange visitors serves longstanding 

5 and important United States foreign policy, edu6 cational, and economic interests, and the erosion of 

7 such exchanges is contrary to United States national 

8 security interests. 

9 (3) Educating successive generations of future 

10 world leaders in the United States has long been an 

11 important underpinning of United States inter12 national influence and leadership. 

13 (4) Open scientific exchange, which enables the 

14 United States to benefit from the knowledge of the 

15 world’s top scientists, has long been an important 

16 underpinning of United States scientific leadership. 

17 (5) The United States has seen a dramatic in18 crease in requests for Visa Mantis checks designed 

19 to protect against illegal transfers of sensitive tech20 nology, from 1,000 in fiscal year 2000 to 20,000 in 

21 fiscal year 2003. 

22 (6) Delays in issuing Visa Mantis security 

23 clearances have discouraged some international 

24 scholars from coming to the United States. 
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1 (7) International students and their families 

2 studying in the United States contribute close to 

3 $12,000,000,000 to the United States economy each 

4 year, making higher education a major service sector 

5 export. 

6 (8) Delays in obtaining student visas have dis7 couraged many international students from studying 

8 in the United States. 

9 (9) Total international applications to graduate 

10 schools in the United States for fall 2004 declined 

11 32 percent from fall 2003. 

12 (10) The number of international students en13 rolled in the United States, which in raw numbers 

14 consistently increased over time and grew by 6 per15 cent during both the 2000–2001 and 2001–2002 

16 school years, leveled off dramatically during the 

17 2002–2003 school year to an increase of only .6 per18 cent. 

19 (11) Concerns related to the anticipated inter20 national student monitoring system known as 

21 ‘‘SEVIS’’ have contributed to the decline in the 

22 number of foreign applicants to educational institu23 tions in the United States. 
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1 (12) The United States requires a visa system 

2 for exchange programs that maximizes United 

3 States national security. 

4 (13) The United States requires a comprehen5 sive strategy for recruiting international students as 

6 well as enhancing the access of international stu7 dents to higher education in the United States. 

8 TITLE I—NATIONAL STRATEGY 

9 FOR ENHANCING INTER10 NATIONAL STUDENT ACCESS 

11 TO THE UNITED STATES 

12 SEC. 101. STRATEGIC PLAN. 

13 Not later than 180 days after the date of enactment 

14 of this Act, the President, in consultation with United 

15 States higher education institutions, organizations that 

16 participate in international exchange programs, and other 

17 appropriate groups, shall submit to the Committee on For18 eign Relations of the Senate and the Committee on Inter19 national Relations of the House of Representatives a stra20 tegic plan for enhancing international student access to 

21 the United States for study and exchange activities that 

22 includes: 

23 (1) A marketing plan to makes use of Internet 

24 and other media resources to promote and facilitate 

25 study in the United States by international students. 
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1 (2) A clear division of responsibility that elimi2 nates duplication and promotes inter-agency co3 operation with regard to the roles of the Depart4 ments of State, Commerce, Education, and Home5 land Security in promoting and facilitating access to

6 the United States for international student and ex7 change visitors. 

8 (3) A mechanism for institutionalized coordina9 tion of the efforts of Departments of State, Com10 merce, Education, and Homeland Security in facili11 tating access to the United States for international 

12 student and exchange visitors. 

13 (4) An effective mandate and strategic plan for 

14 use of the overseas educational advising centers of 

15 the Department of State to promote study in the 

16 United States and to prescreen visa applicants. 

17 (5) Well-defined lines of authority and responsi18 bility for international students in the Department 

19 of Commerce. 

20 (6) A clear mandate related to international 

21 student access for the Department of Education. 

22 (7) Streamlined procedures within the Depart23 ment of Homeland Security related to international 

24 student and exchange visitors. 
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1 SEC. 102. ANNUAL REPORTS TO CONGRESS. 

2 (a) IN GENERAL.—The President, acting through the 

3 Secretary of State and in consultation with the Secretary 

4 of Education, Secretary of Commerce, and Secretary of 

5 Homeland Security shall submit an annual report on the 

6 implementation of the national strategy developed in ac7 cordance with section 101 to Congress that would describe 

8 the following: 

9 (1) Measures undertaken to enhance inter10 national student access to the United States and im11 prove inter-agency coordination with regard to inter12 national students and exchange visitors as provided 

13 in section 101. 

14 (2) Measures taken to implement section 202. 

15 (3) The number of student and exchange visi16 tors who apply for visas from the United States, and 

17 the number whose visas are approved. 

18 (4) The average processing time for student 

19 and international visitor visas. 

20 (5) The number of student and international 

21 visitor visas requiring inter-agency review. 

22 (6) The number of student and international 

23 visitor visas approved after submission of the visa 

24 applications during each of the following durations: 

25 (A) Less than 15 days. 

26 (B) 15–30 days. 
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1 (C) 31–45 days. 

2 (D) 46–60 days. 

3 (E) 61–90 days. 

4 (F) More than 90 days. 

5 (b) SUBMISSION OF REPORT.—Not later than May 

6 30 of 2005, and annually thereafter through 2008, the 

7 President shall submit to Congress the report described 

8 in subsection (a). 

9 SEC. 103. REFORMING SEVIS FEE PROCESS. 

10 (a) REDUCED FEE FOR SHORT-TERM STUDY.—Sec11 tion 641(e)(4)(A) of the Illegal Immigration Reform and 

12 Immigrant Responsibility Act of 1996 (8 U.S.C. 

13 1372(e)(4)(A)) is amended in the second sentence, by in14 serting before the period the following: ‘‘or the admission 

15 of an alien under section 101(a)(15)(F) of the Immigra16 tion and Nationality Act (8 U.S.C. 1101(a)(15)(F)) for 

17 a program that does not exceed 90 days’’. 

18 (b) IMPROVING FEE COLLECTION.—Not later than 

19 60 days after the date of enactment of this Act, the Sec20 retary of Homeland Security and the Secretary of State 

21 shall jointly submit to the Committee on Foreign Rela22 tions and the Committee on the Judiciary of the Senate 

23 and the Committee on International Relations and the 

24 Committee on the Judiciary of the House of Representa25 tives a report on the feasibility of collecting the fee re-
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1 quired by section 641(e) of the Illegal Immigration Re2 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

3 1372(e))—

4 (1) in local currency at local financial institu5 tions under procedures established by the Secretary 

6 of State; and 

7 (2) by universities as part of a student’s tuition 

8 and fees. 

9 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to the De11 partment of State, Department of Education, Department 

12 of Homeland Security, and Department of Commerce such 

13 sums as may be necessary to carry out the activities de14 scribed in section 101. 

15 TITLE II—IMPROVING THE VISA 

16 PROCESS 

17 SEC. 201. SENSE OF CONGRESS; PURPOSE. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) improvements in visa processing would en21 hance the national security of the United States 

22 by— 

23 (A) permitting closer scrutiny of visa appli24 cants who might pose risks; and 
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1 (B) permitting the timely adjudication of 

2 visa applications of those whose presence in the 

3 United States serves important national inter4 ests; and 

5 (2) improvements must include— 

6 (A) an operational visa policy that articu7 lates the national interest of the United States 

8 in denying entry to visitors who seek to harm 

9 the United States and in opening entry to le10 gitimate visitors, to guide consular officers in 

11 achieving the appropriate balance; 

12 (B) a greater focus by the visa system on 

13 visitors who require special screening, while 

14 minimizing delays for legitimate visitors; 

15 (C) a timely, transparent, and predictable 

16 visa process, through appropriate guidelines for 

17 inter-agency review of visa applications; and 

18 (D) a provision of the necessary resources 

19 to fund a visa processing system that meets the 

20 requirements of this title. 

21 (b) PURPOSE.—It is the purpose of this title to speci22 fy the improvements described in subsection (a). 

23 SEC. 202. VISA PROCESSING GUIDANCE. 

24 (a) IN GENERAL.—Not later than 60 days after the 

25 date of enactment of this Act, the Secretary of State—
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1 (1) shall issue appropriate guidance to consular 

2 officers in order to— 

3 (A) give consulates appropriate discretion 

4 to grant waivers of personal appearance in

5 order to minimize delays for legitimate travelers 

6 while permitting more thorough interviews of 

7 visa applicants in appropriate cases; 

8 (B) give consulates appropriate discretion 

9 to allow security clearances under the Visas 

10 Mantis system to be valid for the duration of 

11 status or program, in order to avoid repetitive 

12 reviews of those visitors who leave the United 

13 States temporarily; and 

14 (C) establish a presumption of visa ap15 proval for frequent visitors who have previously 

16 been granted visas for the same purpose and 

17 who have no status violations; and 

18 (2) in consultation with the Director of the Of19 fice of Science and Technology Policy and appro20 priate representatives of the United States scientific 

21 community, shall issue appropriate guidance to con22 sular officers in order to refine controls on the entry 

23 of visitors who propose to engage in study or re24 search in advanced science and technology in order 
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1 to ensure that only cases of concern, and not non2 sensitive cases, are subjected to special review. 

3 (b) TIMELINESS STANDARDS.—Not later than 60 

4 days after the date of enactment of this Act, the President 

5 shall institute guidelines for inter-agency review of visa ap6 plications requiring security clearances which establish the 

7 following standards for timeliness in international student 

8 and visitor visas: 

9 (1) Establish a 15-day standard for responses 

10 to the Department of State by other agencies in11 volved in the clearance process. 

12 (2) Establish a 30-day standard for completing 

13 the entire inter-agency review and advising the con14 sulate of the result of the review. 

15 (3) Provide for expedited processing of any visa 

16 application with respect to which a review is not 

17 completed within 30 days, and for advising the con18 sulate of the delay and the estimated processing 

19 time remaining. 

20 (4) Require the establishment of a process by 

21 which the applicant, or the program to which the ap22 plicant seeks access, can inquire about the applica23 tion’s status and the estimated processing time re24 maining. 
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1 (5) Establish a special review process to resolve 

2 any cases whose resolution is still pending after 60 

3 days. 

4 SEC. 203. INTEROPERABLE DATA SYSTEMS AT THE FBI. 

5 (a) RESPONSIBILITIES OF THE FBI DIRECTOR.—

6 The Director of the Federal Bureau of Investigation shall 

7 take the steps necessary to ensure that— 

8 (1) the Federal Bureau of Investigation’s data9 bases and systems used in the National Name Check 

10 Program are interoperable with the requisite data11 bases and systems at the Department of State; 

12 (2) the files of the Federal Bureau of Investiga13 tion are automated and a common database is set up 

14 between the field offices and headquarters of the 

15 Federal Bureau of Investigation; and 

16 (3) the Federal Bureau of Investigation has full 

17 connectivity to the Consular Consolidated Database 

18 through the Open Source Information System. 

19 (b) REPORT.—Not later than 180 days after the date 

20 of enactment of this Act, the Director of the Federal Bu21 reau of Investigation shall report to the Committees on 

22 the Judiciary of the Senate and the House of Representa23 tives on progress in implementing subsection (a). 
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1 SEC. 204. SETTING REALISTIC STANDARDS FOR VISA EVAL2 UATIONS. 

3 (a) IN GENERAL.—Section 101(a)(15)(F)(i) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1101(a)(15)(F)(i)) is amended—

6 (1) by striking ‘‘having a residence in a foreign 

7 country which he has no intention of abandoning’’ 

8 and inserting ‘‘having the intention, capability, and 

9 sufficient financial resources to complete a course of 

10 study in the United States’’; and 

11 (2) by striking ‘‘and solely’’ after ‘‘tempo12 rarily’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.—

14 Section 214(b) of the Immigration and Nationality Act (8 

15 U.S.C. 1184(b)) is amended by striking ‘‘subparagraph 

16 (L) or’’ and inserting ‘‘subparagraph (F), (J), (L), or’’. 

17 SEC. 205. REPORT. 

18 Not later than 180 days after the date of enactment 

19 of this Act, the Secretary of State shall report to the Com20 mittee on Foreign Relations of the Senate and the Com21 mittee on International Relations of the House of Rep22 resentatives on— 

23 (1) the feasibility of expediting visa processing 

24 for participants in official exchange programs, and 

25 for students, scholars, and exchange visitors through 

26 prescreening of applicants by sending countries, 
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1 sending universities, State Department overseas edu2 cational advising centers, or other appropriate enti3 ties; 

4 (2) the feasibility of developing abilities to col5 lect biometric data without requiring a visit to the 

6 Embassy by the visa applicant; and 

7 (3) the implementation of the guidance de8 scribed in subsections (a) and (b) of section 202, in9 cluding the training of consular officers, and the ef10 fect of this guidance and training on visa processing 

11 volume and timeliness. 

12 SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums 

14 as may be necessary to carry out to carry out this Act 

15 for the consular affairs function of the Department of 

16 State, the visa application review function of the Depart17 ment of Homeland Security, and for database improve18 ments in the Federal Bureau of Investigations as specified 

19 in section 203.

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