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Coleman's Introductory Remarks and Bill Text for ACTION ACT 2008
CONGRESSIONAL RECORD
SENATE
PAGE S1068
Feb. 14, 2008
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
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 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, 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
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;
(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, 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.
