Defend America Act of 2015
This bill prohibits, until the President certifies that specified provisions of this Act have been carried out, the refugee admission of any alien (covered alien) who is:
In addition to any Department of State or Department of Homeland Security (DHS) screenings, the Federal Bureau of Investigation (FBI) shall ensure that each covered alien receives a background investigation before U.S refugee admission.
A covered alien may:
The Inspector General of DHS shall conduct annual risk-based reviews of all certifications.
The Immigration and Nationality Act is amended to require the State Department, before a refugee's resettlement in a state, to give the governor specified personal information about the person.
The use of social media to promote terrorism shall be a grounds for inadmissibility.
Any alien shall be ineligible for visa waiver program participation who:
Such prohibitions shall not apply to an alien who was present in such a country to perform military or official government service for a program country.
DHS may waive such prohibitions if in U.S. law enforcement or national security interests.
DHS shall review annually whether such prohibitions shall apply to any country or area, based on specified considerations.
A program country shall:
DHS may terminate a country's program status for noncompliance, subject to specified conditions for reinstatement.
By April 1, 2016, every citizen or national of a visa waiver program country who is cleared to travel to the United States under the Electronic System for Travel Authorization (ESTA) shall possess a valid, unexpired, tamper-resistant, machine-readable passport that incorporates complying biometric and document authentication identifiers.
In determining whether to designate a country as a program country or whether a program country should retain its designation, DHS shall consider specified questions.
DHS shall:
The bill expresses the sense of Congress concerning establishment of electronic passport standards by the International Civil Aviation Organization.
The State Department shall prioritize the issuance of special immigrant visas for certain Iraqi and Afghan translators who worked with the U.S. government or Armed Forces.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2435 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
1st Session
S. 2435
To ensure that each covered alien receives a thorough background
investigation before such alien is admitted to the United States as a
refugee, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 18, 2015
Mr. Kirk (for himself, Mrs. Capito, Mr. Isakson, Mr. Tillis, Mr.
Wicker, and Mr. Inhofe) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To ensure that each covered alien receives a thorough background
investigation before such alien is admitted to the United States as a
refugee, 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 ``Defend America Act of 2015''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Foreign Relations of the
Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Committee on Armed Services of the House of
Representatives;
(H) the Permanent Select Committee on Intelligence
of the House of Representatives;
(I) the Committee on the Judiciary of the House of
Representatives;
(J) the Committee on Homeland Security of the House
of Representatives;
(K) the Committee on Foreign Affairs of the House
of Representatives; and
(L) the Committee on Appropriations of the House of
Representatives.
(2) Covered alien.--The term ``covered alien'' means any
alien who--
(A)(i) is applying for admission to the United
States as a refugee; and
(ii) is a national or resident of Iraq or Syria;
(iii) has no known nationality and whose last
habitual residence was in Iraq or in Syria; or
(iv) has been present in Iraq or in Syria at any
time on or after March 1, 2011.
(B) is not a citizen of Iraq who--
(i) is or was employed by or on behalf of
the United States Government in Iraq on or
after March 20, 2003, for not less than 1 year;
and
(ii) provided faithful and valuable service
to the United States Government, which is
documented in a positive recommendation or
evaluation described in subsection (c), from
the employer's senior supervisor in the United
States Government or from a more senior person
if the employee's senior supervisor cannot be
located;
(C) is not the spouse or child of an alien
described in subparagraph (B); and
(D) is not an infant child without living parents
who is younger than 4 years of age, as certified under
procedures promulgated by the Secretary of State under
subsection (b).
(3) Foreign terrorist organization.--The term ``foreign
terrorist organization'' is a foreign organization that is
designated as a foreign terrorist organization by the Secretary
of State in accordance with section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)).
(b) Certification.--
(1) In general.--The Secretary of State shall promulgate
regulations establishing procedures for certifying that an
alien is an alien child without living parents who is younger
than 4 years of age.
(2) Submission.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall submit
the regulations promulgated under paragraph (1) to the
appropriate congressional committees.
(3) Implementation.--Not earlier than 90 days after the
submission of regulations under paragraph (2), the Secretary of
State shall implement such regulations.
(c) Approval by Chief of Mission Required.--Each recommendation or
evaluation required under subparagraph (B)(ii) shall be accompanied by
approval from the appropriate Chief of Mission, or the designee of the
appropriate Chief of Mission, who shall conduct a risk assessment of
the alien and an independent review of records maintained by the United
States Government or hiring organization or entity to confirm the
alien's employment and faithful and valuable service to the United
States Government before the alien is exempted from definition of
covered alien under subsection (a)(2)(B).
SEC. 3. ENHANCED SCREENING MEASURES FOR COVERED ALIENS.
(a) Temporary Suspension of Admissions.--
(1) In general.--Notwithstanding any other provision of
law--
(A) a covered alien may not be admitted to the
United States as a refugee under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) or
under any other provision of law;
(B) no Federal funds may be expended to process
applications for covered aliens to be admitted as
refugees; and
(C) no Federal funds may be expended by the
Secretary of State or the Secretary of Health and Human
Services to resettle covered aliens in the United
States.
(2) Effective period.--Paragraph (1) shall be in effect
until the date that is 30 days after the date on which the
President submits, to the appropriate congressional committees,
a certification that the provisions under subsections (b)
through (g) have been carried out.
(b) Background Investigation.--
(1) In general.--In addition to any screenings conducted by
the Department of State or the Department of Homeland Security,
the Director of the Federal Bureau of Investigation shall take
all actions necessary to ensure that each covered alien
receives a thorough background investigation before such alien
is admitted to the United States as a refugee.
(2) FBI certification.--A covered alien may not be admitted
to the United States as a refugee until after the Director of
the Federal Bureau of Investigation certifies to the Secretary
of Homeland Security and the Director of National Intelligence
that such alien has received a background investigation that is
sufficient to determine whether such alien--
(A) is a threat to the security of the United
States; and
(B) has provided support to any foreign terrorist
organization, which may include publishing or otherwise
engaging in social media to promote or otherwise
support a foreign terrorist organization.
(c) Certification by Unanimous Concurrence.--A covered alien may
only be admitted to the United States after the Secretary of Homeland
Security, with the unanimous concurrence of the Director of the Federal
Bureau of Investigation and the Director of National Intelligence,
certifies to the appropriate congressional committees that the covered
alien--
(1) is not a threat to the security of the United States;
and
(2) has not provided support to any foreign terrorist
organization, including by publishing or otherwise engaging in
social media to promote or otherwise support a foreign
terrorist organization.
(d) Inspector General Review of Certifications.--The Inspector
General of the Department of Homeland Security shall--
(1) conduct a risk-based review of all certifications made
under subsection (c) during each fiscal year; and
(2) not later than October 30 of each year, submit a
report, in unclassified form with classified annexes, to the
appropriate congressional committees that--
(A) describes the findings of the review conducted
under paragraph (1);
(B) includes an assessment of the data sets and
vetting procedures used by the Department of Homeland
Security; and
(C) includes an assessment of the Department of
Homeland Security's access to information and data sets
controlled, administered, or maintained by other
agencies or departments that are necessary to conduct a
thorough screening of covered aliens.
(e) Quarterly Report.--The Secretary of Homeland Security shall
submit a quarterly report to the appropriate congressional committees
that includes, for the quarter immediately preceding the date of the
report--
(1) the total number of applications for admission with
regard to which a certification under subsection (c) was made;
(2) the number of covered aliens with regard to whom such a
certification was not made; and
(3) for each covered alien with regard to whom a
certification under subsection (c) was not made, the
justification for the nonconcurrence of each department or
agency.
(f) Annual Comptroller General Evaluation.--The Comptroller General
of the United States shall--
(1) annually evaluate all the certifications made under
subsections (b) and (c); and
(2) not later than October 30 of each year, submit to the
appropriate congressional committees a report, in unclassified
form with classified annexes, that includes--
(A) the findings of the evaluations under paragraph
(1);
(B) an assessment of the data sets and vetting
procedures used by the Federal Bureau of Investigation
and the Department of Homeland Security;
(C) an assessment of the Federal Government's
access to the information and data sets necessary to
conduct a thorough screening of covered aliens; and
(D) a detailed list of covered aliens who--
(i) were admitted pursuant to this Act; and
(ii) during the previous fiscal year--
(I) were indicted for criminal
misconduct and are awaiting trial, with
a description of the pending charges;
(II) had pending criminal charges
against them dismissed, with a
description of the charges;
(III) were acquitted of criminal
misconduct at trial, with a description
of the charges;
(IV) were convicted of, or pled
guilty to, criminal misconduct, with a
list of the charges and the sentence;
(V) were listed on the Terrorist
Screening Center's Terrorist Screening
Database (TSDB); or
(VI) were listed on the National
Counterterrorism Center's Terrorist
Identities Datamart Environment (TIDE).
(g) Report on Additional Enhanced Measures.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Director of the Federal
Bureau of Investigation, the Director of National Intelligence, and the
Secretary of State, shall submit a report to the appropriate
congressional committees that--
(1) identifies plans for additional enhanced measures for
the purposes of improving the screening conducted by the United
States Government on any covered alien seeking to be admitted
as a refugee to the United States, including any enhanced
screening to determine whether such alien--
(A) has any links to terrorism-related social
media; or
(B) has provided support to any foreign terrorist
organization;
(2) describes the changes made to the refugee program by
the Department of Homeland Security in response to the
infiltration of 2 Al-Qaeda in Iraq-linked terrorists into the
United States and their resettlement in Bowling Green,
Kentucky, through the Iraqi refugee program in 2009; and
(3) indicates if the Secretary of Homeland Security is
aware of any former or current known terrorists who have been
admitted to the United States as refugees.
SEC. 4. STATE NOTIFICATION.
Section 412(b) of the Immigration and Nationality Act (8 U.S.C.
1522(b)) is amended by adding at the end the following:
``(9) Before a refugee is resettled in a State, the Secretary of
State shall provide the Governor of such State, or the Governor's
designee, with respect to the refugee--
``(A) the full, legal name;
``(B) a physical description, including biometric
information;
``(C) relevant biographical information;
``(D) the country of origin; and
``(E) any prior citizenship.''.
SEC. 5. INADMISSIBILITY FOR USE OF SOCIAL MEDIA TO PROMOTE TERRORISM.
(a) In General.--Section 212(a)(3)(B)(i)(VII) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VII)) is amended by
inserting ``, including through the use of social media'' before the
semicolon at the end.
(b) Rulemaking.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of State, shall issue regulations, in
accordance with section 553 of title 5, United States Code, to ensure
that no alien applying for an immigrant visa under section 203 of the
Immigration and Nationality Act (8 U.S.C. 1153) or for adjustment of
status under section 245 of such Act (8 U.S.C. 1155) is admitted if the
alien has violated section 212(a)(3)(B)(i)(VII) of such Act (8 U.S.C.
1182(a)(3)(B)(i)(VII)), as amended by subsection (a).
(c) Effective Date.--The regulations issued under subsection (b)
shall take effect on the date that is 30 days after the date on which
such regulations are published in the Federal Register.
SEC. 6. VISA WAIVER PROGRAM SECURITY.
(a) Restriction on Use of Visa Waiver Program for Aliens Who Travel
to Certain Countries.--Section 217(a) of the Immigration and
Nationality Act (8 U.S.C. 1187(a)) is amended by adding at the end the
following:
``(12) Not present in iraq, syria, or any other country or
area of concern.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C)--
``(i) the alien has not been present, at
any time on or after March 1, 2011--
``(I) in Iraq or Syria;
``(II) in a country that is
designated by the Secretary of State
under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C.
2405) (as continued in effect under the
International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.)), section
40 of the Arms Export Control Act (22
U.S.C. 2780), section 620A of the
Foreign Assistance Act of 1961 (22
U.S.C. 2371), or any other provision of
law, as a country, the government of
which has repeatedly provided support
of acts of international terrorism; or
``(III) in any other country or
area of concern designated by the
Secretary of Homeland Security under
subparagraph (D); and
``(ii) regardless of whether the alien is a
national of a program country, the alien is not
a national of--
``(I) Iraq or Syria;
``(II) a country that is
designated, at the time the alien
applies for admission, by the Secretary
of State under section 6(j) of the
Export Administration Act of 1979 (50
U.S.C. 2405) (as continued in effect
under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et
seq.)), section 40 of the Arms Export
Control Act (22 U.S.C. 2780), section
620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), or any other
provision of law, as a country, the
government of which has repeatedly
provided support of acts of
international terrorism; or
``(III) any other country that is
designated, at the time the alien
applies for admission, by the Secretary
of Homeland Security under subparagraph
(D).
``(B) Certain military personnel and government
employees.--Subparagraph (A)(i) shall not apply to an
alien if the Secretary of Homeland Security determines
that the alien was present--
``(i) in order to perform military service
in the armed forces of a program country; or
``(ii) in order to carry out official
duties as a full-time employee of the
government of a program country.
``(C) Waiver.--The Secretary of Homeland Security
may waive the application of subparagraph (A) with
respect to an alien if the Secretary determines that
such a waiver is in the law enforcement or national
security interests of the United States.
``(D) Countries or areas of concern.--
``(i) In general.--Not later than 60 days
after the date of the enactment of this
paragraph, the Secretary of Homeland Security,
in consultation with the Secretary of State and
the Director of National Intelligence, shall
determine whether the requirement under
subparagraph (A) shall apply to any other
country or area.
``(ii) Criteria.--In making a determination
under clause (i), the Secretary shall
consider--
``(I) whether the presence of an
alien in the country or area increases
the likelihood that the alien is a
credible threat to the national
security of the United States;
``(II) whether a foreign terrorist
organization has a significant presence
in the country or area; and
``(III) whether the country or area
is a safe haven for terrorists.
``(iii) Annual review.--The Secretary shall
conduct an annual review of any determination
made under clause (i).
``(E) Report.--Beginning not later than 1 year
after the date of the enactment of this paragraph, and
annually thereafter, the Secretary of Homeland Security
shall submit a report to the Committee on Homeland
Security of the House of Representatives, the Committee
on Foreign Affairs of the House of Representatives, the
Committee on the Judiciary of the House of
Representatives, the Permanent Select Committee on
Intelligence of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Foreign Relations of
the Senate, the Select Committee on Intelligence of the
Senate, and the Committee on the Judiciary of the
Senate that describes each instance in which the
Secretary exercised the waiver authority under
subparagraph (C) during the previous year.''.
(b) Requirements for Countries.--
(1) Traveler screening and vetting.--Section 217(c)(2) of
the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)) is
amended--
(A) by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (E), (F), and (G), respectively;
and
(B) by inserting after subparagraph (C) the
following:
``(D) Information sharing agreement.--The
government of the country, for travel requiring a
passport or other government-issued travel document,
screens travelers crossing the country's borders as
early in the vetting process as possible using
INTERPOL's Stolen and Lost Travel Documents databases
or other means designated by the Secretary of Homeland
Security to determine if travelers crossing the
country's borders are using stolen or lost travel
documents.''.
(2) Reporting lost and stolen passports.--Section
217(c)(2)(E) of such Act, as redesignated by paragraph (1)(A),
is amended by striking ``within a strict time limit'' and
inserting ``not later than 24 hours after becoming aware of the
theft or loss''.
(3) Implementation of passenger information exchange
agreement.--Section 217(c)(2)(G) of such Act, as redesignated
by paragraph (1)(A), is amended by inserting before the period
at the end the following: ``, and fully implements such
agreement''.
(4) INTERPOL screening.--Section 217(c)(2) of such Act, as
amended by paragraphs (1) through (3), is further amended by
adding at the end the following:
``(H) INTERPOL screening.--Not later than 270 days
after the date of the enactment of this subparagraph,
except in the case of a country in which there is not
an international airport, the government of the country
certifies to the Secretary of Homeland Security that,
to the maximum extent allowed under the laws of the
country, it is screening, for unlawful activity, each
person who is not a citizen or national of that country
who is admitted to or departs that country, by using
relevant databases and notices maintained by INTERPOL,
or other means designated by the Secretary of Homeland
Security. The requirement under this subparagraph shall
not apply to travel between countries within the
Schengen Zone.''.
(c) Failure To Implement or Comply With Information Sharing
Requirements.--
(1) In general.--If the Secretary of Homeland Security, in
consultation with the Secretary of State, determines that a
Visa Waiver Program country has not complied with a requirement
under subparagraph (D), (E), (F), or (G) of section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), or any
additional requirement determined by the Secretary of Homeland
Security, the Secretary may terminate the participation of such
country in the Visa Waiver Program.
(2) Redesignation.--The Secretary of Homeland Security, in
consultation with the Secretary of State, may redesignate a
terminated country as a Visa Waiver Program country if the
Secretary of Homeland Security determines that the government
of the country is complying with--
(A) all of the requirements set forth in subsection
(b), including the amendments made by subsection (b);
(B) the information sharing agreement required
under section 217 of the Immigration and Nationality
Act (8 U.S.C. 1187); and
(C) any additional program requirements determined
by the Secretary of Homeland Security.
(3) Notification.--
(A) In general.--The Secretary of Homeland Security
shall notify Congress--
(i) of any former Visa Waiver Program
country that has been terminated from
participation in the Visa Waiver Program and
the reasons for such termination; and
(ii) whether a country described in
subparagraph (A) has been deemed eligible for
redesignation as a Visa Waiver Program country,
including the steps taken by the government of
such country to qualify for participation in
the Visa Waiver Program.
(B) Redesignation.--If Congress has not objected to
the redesignation of a country described in paragraph
(2) before the date that is 30 days after the
notification date under subparagraph (A), the Secretary
of Homeland Security may redesignate the country as a
Visa Waiver Program country.
(d) Federal Air Marshal Agreement.--Section 217(c) of the
Immigration and Nationality Act, as amended by subsection (b), is
further amended--
(1) in paragraph (2), by adding at the end the following:
``(I) Federal air marshal agreement.--The
government of the country enters into, and complies
with, an agreement with the United States to assist in
the operation of an effective Air Marshal Program.
``(J) Aviation standards.--The government of the
country complies with United States aviation and
airport security standards, as determined by the
Secretary of Homeland Security.''; and
(2) in paragraph (9)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(e) Electronic Passports.--
(1) Compliance with international standards.--Not later
than October 1, 2016, the government of each Visa Waiver
Program country shall certify that the country issues to its
citizens machine-readable, electronic passports that comply
with the biometric and document identifying standards
established by the International Civil Aviation Organization.
(2) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security shall submit to Congress a list
of all the Visa Waiver Program countries whose governments have
certified the regular issuance of machine-readable electronic
passports to their citizens.
(3) Possession of electronic passports.--Not later than
April 1, 2016, every citizen or national of a Visa Waiver
Program country who is cleared to travel to the United States
under the Electronic System for Travel Authorization shall
possess, at the time of admission, a valid, unexpired, tamper-
resistant, machine-readable passport that incorporates
biometric and document authentication identifiers that comply
with the standards described in paragraph (1).
(f) Capacity To Identify Dangerous Individuals.--Section 217(c) of
the Immigration and Nationality Act, as amended by this section, is
further amended--
(1) in paragraph (3), by striking ``after the initial
period''; and
(2) by amending paragraph (4) to read as follows:
``(4) Required security considerations for program
designation and continuation.--In determining whether a country
should be designated as a program country or whether a program
country should retain its designation as a program country, the
Secretary of Homeland Security shall consider whether the
government of the country--
``(A) collects and analyzes the information
described in subsection (a)(10), including advance
passenger information and passenger name records, and
similar information pertaining to flights not bound for
the United States, to identify potentially dangerous
individuals who may attempt to travel to the United
States, and shares such information and the results of
such analyses with the Government of the United States;
``(B) collects and analyzes biometric and other
information about individuals other than United States
nationals who are applying for asylum, refugee status,
or another form of non-refoulment protection in such
country, and shares such information and the results of
such analyses with the Government of the United States;
``(C) shares intelligence about foreign fighters
with the United States and with multilateral
organizations, such as INTERPOL and EUROPOL; and
``(D) has consistently cooperated with the
Government of the United States on counterterrorism
initiatives, information sharing, preventing terrorist
travel, and extradition to the United States of
individuals (including the country's own nationals) who
commit crimes that violate United States law before the
date of its designation as a program country, and
whether the Secretary of Homeland Security and the
Secretary of State believe that such cooperation is
likely to continue.''.
(g) Reporting Requirements.--
(1) In general.--Section 217(c) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)), as amended by this section,
is further amended--
(A) in paragraph (2)(C), by amending clause (iii)
to read as follows:
``(iii) submits a written report to the
Committee on the Judiciary of the House of
Representatives, the Committee on Foreign
Affairs of the House of Representatives, the
Committee on Homeland Security of the House of
Representatives, the Committee on the Judiciary
of the Senate, the Committee on Foreign
Relations of the Senate, and the Committee on
Homeland Security and Governmental Affairs of
the Senate regarding the country's
qualification for designation that includes an
explanation of such determination.''; and
(B) in paragraph (5)(A)(i)--
(i) by amending subclause (III) to read as
follows:
``(III) shall submit a written
report to the Committee on the
Judiciary of the House of
Representatives, the Committee on
Foreign Affairs of the House of
Representatives, the Committee on
Homeland Security of the House of
Representatives, the Permanent Select
Committee on Intelligence of the House
of Representatives, the Committee on
the Judiciary of the Senate, the
Committee on Foreign Relations of the
Senate, the Committee on Homeland
Security and Governmental Affairs of
the Senate, and the Select Committee on
Intelligence of the Senate regarding
the continuation or termination of the
country's designation that includes an
explanation of such determination and
the effects described in subclause
(I);'';
(ii) in subclause (IV), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(V) shall submit a report to the
committees described in subclause (III)
that includes an assessment of--
``(aa) the threat to the
national security of the United
States of the designation of
each country designated as a
program country;
``(bb) the compliance of
the government of each such
country with the requirements
under subparagraphs (D) and (F)
of paragraph (2); and
``(cc) each such
government's capacity to comply
with such requirements.''.
(2) Date of submission of first report.--Not later than 90
days after the date of the enactment of this Act, the Secretary
of Homeland Security shall submit the first report described in
section 217(c)(5)(A)(i)(V) of the Immigration and Nationality
Act, as added by paragraph (1).
(h) High Risk Program Countries.--Section 217(c) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)), as amended by this section, is
further amended by adding at the end the following:
``(12) Designation of high risk program countries.--
``(A) In general.--The Secretary of Homeland
Security, in consultation with the Director of National
Intelligence and the Secretary of State, shall
annually--
``(i) evaluate program countries based on
the criteria described in subparagraph (B); and
``(ii) identify any program country from
which the admission of nationals under the
program would, in the Secretary's
determination, present a high risk to the
national security of the United States.
``(B) Criteria.--The evaluation of each program
country under subparagraph (A)(i) shall include the
consideration of--
``(i) the number of nationals of the
country determined to be ineligible to travel
to the United States under the program during
the previous year;
``(ii) the number of nationals of the
country who were identified in United States
Government databases related to the identities
of known or suspected terrorists during the
previous year;
``(iii) the estimated number of nationals
of the country who have traveled to Iraq or
Syria at any time on or after March 1, 2011, to
engage in terrorism;
``(iv) the capacity of the country to
combat passport fraud;
``(v) the level of cooperation of the
country with the counter-terrorism efforts of
the United States;
``(vi) the adequacy of the border and
immigration control of the country; and
``(vii) any other criteria that the
Secretary of Homeland Security determines to be
appropriate.
``(C) Suspension of designation.--The Secretary of
Homeland Security, in consultation with the Secretary
of State, may suspend the designation of a program
country based on a determination under subparagraph
(A)(ii) that the country presents a high risk to the
national security of the United States until the
Secretary determines that the country no longer
presents such a risk.
``(D) Report.--Not later than 60 days after the
date of the enactment of this paragraph, and annually
thereafter, the Secretary of Homeland Security, in
consultation with the Director of National Intelligence
and the Secretary of State, shall submit a report to
the Committee on the Judiciary of the House of
Representatives, the Committee on Foreign Affairs of
the House of Representatives, the Committee on Homeland
Security of the House of Representatives, the Permanent
Select Committee on Intelligence of the House of
Representatives, the Committee on the Judiciary of the
Senate, the Committee on Foreign Relations of the
Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Select
Committee on Intelligence of the Senate that includes
an evaluation and threat assessment of each country
determined to present a high risk to the national
security of the United States under subparagraph
(A).''.
(i) Enhancements to the Electronic System for Travel
Authorization.--
(1) In general.--Section 217(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(h)(3)) is amended--
(A) in subparagraph (C)(i), by inserting ``or
shorten the period of eligibility under any such
determination'' after ``any such determination''; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) Fraud detection.--The Secretary of Homeland
Security shall research opportunities to incorporate
into the System technology that will detect and prevent
fraud and deception in the System.
``(E) Additional and previous countries of
citizenship.--The Secretary of Homeland Security
shall--
``(i) collect from each applicant for
admission under this section information on any
additional or previous countries of citizenship
of such applicant; and
``(ii) take any information collected under
clause (i) into account when making
determinations regarding the eligibility of the
alien for admission under this section.
``(F) Report on certain limitations on travel.--Not
later than 30 days after the date of the enactment of
this subparagraph and annually thereafter, the
Secretary of Homeland Security, in consultation with
the Secretary of State, shall submit a report to the
Committee on the Judiciary of the House of
Representatives, the Committee on Foreign Affairs of
the House of Representatives, the Committee on Homeland
Security of the House of Representatives, the Committee
on the Judiciary of the Senate, the Committee on
Foreign Relations of the Senate, and the Committee on
Homeland Security and Governmental Affairs of the
Senate that describes, for the reporting period--
``(i) the number of individuals who were
denied eligibility to travel under the program;
``(ii) the number of individuals whose
eligibility for travel under the program;
``(iii) the number of individuals described
in clause (i) or (ii) who were determined,
under subsection (a)(6), to represent a threat
to the national security of the United States;
and
``(iv) the country or countries of
citizenship of each such individual described
in clause (iii).''.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of State, shall submit a report
that describes steps to strengthen the electronic system for
travel authorization authorized under section 217(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1187(h)(3)) in
order--
(A) to better secure the international borders of
the United States; and
(B) to prevent terrorists and instruments of
terrorism from entering the United States.
(j) Provision of Assistance to Nonprogram Countries.--The Secretary
of Homeland Security, in consultation with the Secretary of State,
shall provide risk-based assistance to each country that does not
participate in the visa waiver program to assist each such country
with--
(1) submitting information to INTERPOL about the theft or
loss of passports of citizens or nationals of such country; and
(2) issuing, and validating at the ports of entry of such
country, electronic passports that--
(A) are fraud-resistant;
(B) contain relevant biographic and biometric
information (as determined by the Secretary of Homeland
Security); and
(C) otherwise satisfy internationally accepted
standards for electronic passports.
(k) Clerical Amendments.--
(1) Secretary of homeland security.--Section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), as amended by
this section, is further amended by striking ``Attorney
General'' each place such term appears (except in subsection
(c)(11)(B)) and inserting ``Secretary of Homeland Security''.
(2) Electronic system for travel authorization.--Section
217 of the Immigration and Nationality Act (8 U.S.C. 1187), as
amended this section, is further amended--
(A) in subsection (a)(11), by striking ``electronic
travel authorization system'' from the paragraph
heading and inserting ``electronic system for travel
authorization'';
(B) in subsection (h)(3)--
(i) by striking ``electronic travel
authorization system'' from the paragraph
heading and inserting ``electronic system for
travel authorization''; and
(ii) by striking ``the alien'' and
inserting ``an alien''; and
(C) by striking ``electronic travel authorization
system'' each place such term appears and inserting
``electronic system for travel authorization'';
(l) Sense of Congress.--It is the sense of Congress that--
(1) the International Civil Aviation Organization, which is
the specialized agency of the United Nations responsible for
establishing international standards, specifications, and best
practices relating to the administration and governance of
border controls and inspection formalities, should--
(A) establish standards for the introduction of
electronic passports (referred to in this subsection as
``e-passports''); and
(B) obligate member countries to utilize e-
passports as soon as possible; and
(2) e-passports should be a combined paper and electronic
passport that contains biographic and biometric information
that can be used to authenticate the identity of travelers
through an embedded chip.
SEC. 7. PRIORITIZING SPECIAL IMMIGRANT VISAS FOR IRAQI AND AFGHAN
TRANSLATORS.
In allocating the resources of the Department of State, the
Secretary of State shall prioritize the issuance of special immigrant
visas authorized under--
(1) section 1059 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note);
(2) section 1244 of the Refugee Crisis in Iraq Act of 2007
(8 U.S.C. 1157 note); and
(3) section 602 of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note).
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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