Strong Visa Integrity Secures America Act
This bill amends the Homeland Security Act of 2002 to require the Department of State to assign, in a risk-based manner, State Department employees to at least 50 visa-issuing diplomatic and consular posts based upon the following criteria:
Such employees shall, in addition to other duties, screen admissions applications against federal criminal, national security, and terrorism databases.
The Department of Homeland Security (DHS) shall:
U.S. Customs and Border Protection (CBP) shall, within one year after enactment of this bill:
Electronic passport screening shall apply to U.S. citizens, nationals of a visa waiver program country, and nationals of any other foreign country that issues electronic passports.
Facial recognition or other biometric technology screening shall apply to nationals of a visa waiver program country.
The CBP shall, in a risk-based manner, continuously screen individuals issued any visa and individuals who are visa waiver program nationals against criminal, national security, and terrorism databases.
The annual visa overstay report is revised.
DHS shall: (1) ensure that certain foreign student information is available at each U.S. port of entry to CBP officers who conduct primary inspections of aliens seeking U.S. admission; (2) review the social media accounts of visa applicants who are citizens of, or who reside in, high-risk countries; and (3) review open source information of visa applicants.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5253 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5253
To amend the Homeland Security Act of 2002 and the Immigration and
Nationality Act to improve visa security, visa applicant vetting, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2016
Mr. Hurd of Texas (for himself, Mr. McCaul, Mrs. Miller of Michigan,
Mr. King of New York, Mr. Katko, and Ms. McSally) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Homeland Security, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 and the Immigration and
Nationality Act to improve visa security, visa applicant vetting, and
for other purposes.
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 ``Strong Visa Integrity Secures
America Act''.
SEC. 2. VISA SECURITY.
(a) Visa Security Units at High Risk Posts.--Paragraph (1) of
section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e))
is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) Authorization.--The Secretary''; and
(2) by adding at the end the following new subparagraph:
``(B) Risk-based assignments.--
``(i) In general.--The Secretary shall
assign, in a risk-based manner, and based on
the criteria described in clause (ii),
employees of the Department to not fewer than
30 diplomatic and consular posts at which visas
are issued.
``(ii) Criteria described.--The criteria
referred to in clause (i) are the following:
``(I) The number of nationals of a
country in which any of the diplomatic
and consular posts referred to in
clause (i) are located who were
identified in United States Government
databases related to the identities of
known or suspected terrorists during
the previous year.
``(II) The level of cooperation of
such country with the counterterrorism
efforts of the United States.
``(III) Information analyzing the
presence, activity, or movement of
terrorist organizations (as such term
is defined in section 212(a)(3)(B)(vi)
of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(vi))) within or
through such country.
``(IV) The number of derogatory
Security Advisory Opinions issued by
the Visa Security Advisory Opinion Unit
pursuant to paragraph (10) regarding
nationals of a country in which any of
the diplomatic and consular posts
referred to in clause (i) are located.
``(V) The adequacy of the border
and immigration control of such
country.
``(VI) Any other criteria the
Secretary determines appropriate.
``(iii) Rule of construction.--The
assignment of employees of the Department
pursuant to this subparagraph is solely the
authority of the Secretary and may not be
altered or rejected by the Secretary of
State.''.
(b) Counterterror Vetting and Screening.--Paragraph (2) of section
428(e) of the Homeland Security Act of 2002 is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Screen any such applications against the
appropriate criminal, national security, and terrorism
databases maintained by the Federal Government.''.
(c) Training and Hiring.--Subparagraph (A) of section 428(e)(6) of
the Homeland Security Act of 2002 is amended by--
(1) striking ``The Secretary shall ensure, to the extent
possible, that any employees'' and inserting ``The Secretary,
acting through the Commissioner of U.S. Customs and Border
Protection and the Director of U.S. Immigration and Customs
Enforcement, shall provide training to any employees''; and
(2) striking ``shall be provided the necessary training''.
(d) Pre-Adjudicated Visa Security Assistance and Visa Security
Advisory Opinion Unit.--Subsection (e) of section 428 of the Homeland
Security Act of 2002 is amended by adding at the end the following new
paragraphs:
``(9) Remote pre-adjudicated visa security assistance.--At
the visa-issuing posts at which employees of the Department are
not assigned pursuant to paragraph (1), the Secretary shall, to
the greatest extent possible, in a risk-based manner, and in
consultation, where appropriate, with the Secretary of State,
assign employees of the Department to remotely perform the
functions required under paragraph (2) for such posts.
``(10) Visa security advisory opinion unit.--The Secretary
shall establish within U.S. Immigration and Customs Enforcement
a Visa Security Advisory Opinion Unit to respond to requests
from the Secretary of State to conduct a visa security review
using information maintained by the Department on visa
applicants, including terrorism association, criminal history,
and other relevant factors, as determined by the Secretary.''.
SEC. 3. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new sections:
``SEC. 434. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
``(a) In General.--Not later than one year after the date of the
enactment of this section, the Commissioner of U.S. Customs and Border
Protection shall--
``(1) screen electronic passports at airports of entry by
reading each such passport's embedded chip; and
``(2) to the greatest extent practicable, utilize facial
recognition technology or other biometric technology, as
determined by the Commissioner, to screen travelers at United
States airports of entry.
``(b) Applicability.--
``(1) Electronic passport screening.--Paragraph (1) of
subsection (a) shall apply to passports belonging to
individuals who are United States citizens, individuals who are
nationals of a program country pursuant to section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), and
individuals who are nationals of any other foreign country that
issues electronic passports.
``(2) Facial recognition matching.--Paragraph (2) of
subsection (a) shall apply to individuals who are nationals of
a program country pursuant to section 217 of the Immigration
and Nationality Act.
``SEC. 435. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER PROTECTION.
``The Commissioner of U.S. Customs and Border Protection shall, in
a risk based manner, continuously screen individuals issued any visa,
and individuals who are nationals of a program country pursuant to
section 217 of the Immigration and Nationality Act, who are present, or
will soon be arriving, in the United States, against the appropriate
criminal, national security, and terrorism databases maintained by the
Federal Government.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 433 the following new items:
``Sec. 434. Electronic passport screening and biometric matching.
``Sec. 435. Continuous screening by U.S. Customs and Border
Protection.''.
SEC. 4. REPORTING OF VISA OVERSTAYS.
Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended--
(1) in subsection (a)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting before the period at the end the
following: ``, and any additional information that the
Secretary determines necessary for purposes of the
report under subsection (b)''; and
(2) by amending subsection (b) to read as follows:
``(b) Annual Report.--Not later than June 30, 2017, and not later
than June 30 of each year thereafter, the Secretary of Homeland
Security shall submit a report to the Committee on Homeland Security
and the Committee on the Judiciary of the House of Representatives and
to the Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate providing, for the preceding
fiscal year, numerical estimates of--
``(1) for each country, the number of aliens from the
country who are described in subsection (a), including--
``(A) the total number of such aliens within all
classes of nonimmigrant aliens described in section
101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and
``(B) the number of such aliens within each of the
classes of nonimmigrant aliens, as well as the number
of such aliens within each of the subclasses of such
classes of nonimmigrant aliens, as applicable;
``(2) for each country, the percentage of the total number
of aliens from the country who were present in the United
States and were admitted to the United States as nonimmigrants
who are described in subsection (a);
``(3) the number of aliens described in subsection (a) who
arrived by land at a port of entry into the United States; and
``(4) the number of aliens described in subsection (a) who
entered the United States using a border crossing
identification card (as such term is defined in section
101(a)(6) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(6))).''.
SEC. 5. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM VERIFICATION.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall ensure that the information
collected under the program established under section 641 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372) is available to officers of U.S. Customs and Border
Protection conducting primary inspections of aliens seeking admission
to the United States at each port of entry of the United States.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Immigration and Border Security.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Homeland Security. H. Rept. 114-850, Part I.
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Reported (Amended) by the Committee on Homeland Security. H. Rept. 114-850, Part I.