Text: H.R.5203 — 114th Congress (2015-2016)All Information (Except Text)

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Introduced in House (05/12/2016)

 
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5203 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5203

    To amend the Immigration and Nationality Act to provide for new 
 procedures pertaining to the processing of petitions and applications 
 for immigrant or nonimmigrant visas or for immigration benefits, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2016

Mr. Forbes (for himself, Mr. Goodlatte, Mr. Gowdy, Mr. Marino, and Mr. 
Sensenbrenner) introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
Homeland Security and Foreign Affairs, 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 Immigration and Nationality Act to provide for new 
 procedures pertaining to the processing of petitions and applications 
 for immigrant or nonimmigrant visas or for immigration benefits, 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 ``Visa Integrity and Security Act of 
2016''.

SEC. 2. PETITION AND APPLICATION PROCESSING FOR VISAS AND IMMIGRATION 
              BENEFITS.

    (a) In General.--Chapter 2 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after 
section 211 the following:

``SEC. 211A. PETITION AND APPLICATION PROCESSING.

    ``(a) Signature Requirement.--
            ``(1) In general.--No petition or application filed with 
        the Secretary of Homeland Security or with a consular officer 
        relating to the issuance of a visa or to the admission of an 
        alien to the United States as an immigrant or as a nonimmigrant 
        may be approved unless the petition or application is signed by 
        each party required to sign such petition or application.
            ``(2) Applications for immigrant visas.--Except as may be 
        otherwise prescribed by regulations, each application for an 
        immigrant visa shall be signed by the applicant in the presence 
        of the consular officer, and verified by the oath of the 
        applicant administered by the consular officer.
    ``(b) Completion Requirement.--No petition or application filed 
with the Secretary of Homeland Security or with a consular officer 
relating to the issuance of a visa or to the admission of an alien to 
the United States as an immigrant or as a nonimmigrant may be approved 
unless each applicable portion of the petition or application has been 
completed.
    ``(c) Translation Requirement.--No document submitted in support of 
a petition or application for a nonimmigrant or immigrant visa may be 
accepted by a consular officer if such document contains information in 
a foreign language, unless such document is accompanied by a full 
English translation, which the translator has certified as complete and 
accurate, and by the translator's certification that he or she is 
competent to translate from the foreign language into English.
    ``(d) Requests for Additional Information.--In an instance where 
the Secretary of Homeland Security or a consular officer requests any 
additional information relating to a petition or application filed with 
the Secretary or consular officer relating to the issuance of a visa or 
to the admission of an alien to the United States as an immigrant or as 
a nonimmigrant, such petition or application may not be approved unless 
all of the additional information requested is provided in complete 
form and is provided on or before any deadline included in the request.

``SEC. 211B. BACKGROUND CHECKS AND OTHER SCREENING REQUIREMENTS.

    ``(a) Comprehensive Security and Background Check.--Except as 
otherwise provided in subsection (b), no petition or application filed 
with the Secretary of Homeland Security or with a consular officer 
relating to the issuance of a visa to or to the admission of an alien 
to the United States as an immigrant or as a nonimmigrant may be 
approved unless a background check to determine whether or not the 
alien is a national security threat and or is otherwise ineligible for 
such visa or admission is completed for--
            ``(1) the petitioner or applicant; and
            ``(2) each beneficiary or derivative of the petition or 
        application.
    ``(b) Security Advisory Opinion Required.--
            ``(1) In general.--In addition to any other limitation 
        under the immigration laws on the issuance of a nonimmigrant or 
        immigrant visa, no such visa may be issued to an alien (other 
        than an alien described in paragraph (2)) until the completion 
        of a security advisory opinion for that alien, if--
                    ``(A) that alien is a national of--
                            ``(i) Iran, Iraq, Libya, Somalia, Syria, 
                        Sudan, or Yemen; or
                            ``(ii) any other country, as the Secretary 
                        of State determines appropriate;
                    ``(B) that alien is a national of a country, which 
                on the date of enactment of this section the Secretary 
                of State has designated as a country whose nationals 
                should be subject to a security advisory opinion; or
                    ``(C) the consular officer determines a security 
                advisory opinion is appropriate for that alien.
            ``(2) Certain aliens excepted.--An alien described in this 
        paragraph is any alien--
                    ``(A) for whom the consular officer determines a 
                security advisory opinion is not appropriate; and
                    ``(B)(i) who has applied for a visa under 
                subparagraph (A) or (G) of section 101(a)(15);
                    ``(ii) whose admission is necessary to permit the 
                United States to comply with the Agreement regarding 
                the Headquarters of the United Nations, signed at Lake 
                Success June 26, 1947, and entered into force November 
                21, 1947, between the United Nations and the United 
                States, or other applicable international obligations; 
                or
                    ``(iii) who has applied for a visa which is within 
                the NATO visa category.
    ``(c) Review of Social Media Activity.--The background check under 
subsection (a) shall include a review of the alien's publicly available 
interactions on and posting of material to the Internet (including 
social media services).
    ``(d) DNA Testing.--No petition or application filed with the 
Secretary of Homeland Security or with a consular officer relating to 
the issuance of an immigrant visa to an alien or to the admission of an 
alien to the United States as an immigrant, if the eligibility for the 
immigration benefit is predicated on the fact that a biological 
relationship exists between the petitioner or applicant and the 
beneficiary or derivative, may be approved, unless a genetic test is 
conducted to confirm such biological relationship and the results of 
such test are submitted as part of the petition or application. Any 
such genetic test shall be conducted at the expense of the petitioner 
or applicant.
    ``(e) Interviews.--No petition or application filed with the 
Secretary of Homeland Security for any benefit under this Act, except 
for work authorization, by or on behalf of an alien present in the 
United States may be approved unless the Secretary conducts an in-
person interview with that alien. The Secretary may waive such 
requirement in the case of any alien who would be 10 years of age or 
younger at the time of the interview.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item pertaining to section 211 the following:

``211A. Petition and application processing.
``211B. Background checks and other screening requirements.''.
    (c) Conforming Amendment.--Section 222(e) of the Immigration and 
Nationality Act (8 U.S.C. 1201(e)) is amended by striking the 
following: ``Except as may be otherwise prescribed by regulations, each 
application for an immigrant visa shall be signed by the applicant in 
the presence of the consular officer, and verified by the oath of the 
applicant administered by the consular officer.''.
    (d) Application.--The amendments made by this section shall apply 
with respect to applications and petitions filed after the date of the 
enactment of this Act.

SEC. 3. FRAUD PREVENTION.

    (a) Prospective Analytics Technology.--
            (1) Plan for implementation.--Not later than 180 days after 
        the date of enactment of this Act, the Secretary of Homeland 
        Security shall submit to the Committee on the Judiciary of the 
        House of Representatives and the Committee on the Judiciary of 
        the Senate a plan for the use of advanced analytics software to 
        ensure the proactive detection of fraud in immigration benefits 
        applications and petitions and to ensure that any such 
        applicant or petitioner does not pose a threat to national 
        security.
            (2) Implementation of plan.--Not later than 1 year after 
        the date of the submission of the plan under paragraph (1), the 
        Secretary of Homeland Security shall begin implementation of 
        the plan.
    (b) Benefits Fraud Assessment.--
            (1) In general.--The Secretary of Homeland Security, acting 
        through the Fraud Detection and Nationality Security 
        Directorate, shall complete a benefit fraud assessment by 
        fiscal year 2021 on each of the following:
                    (A) Petitions by VAWA self-petitioners (as such 
                term is defined in section 101(a)(51) of the 
                Immigration and Nationality Act).
                    (B) Applications or petitions for visas or status 
                under section 101(a)(15)(K) of such Act or under 
                section 201(b)(2) of such Act, in the case of spouses.
                    (C) Applications for visas or status under section 
                101(a)(27)(J) of such Act.
                    (D) Applications for visas or status under section 
                101(a)(15)(U) of such Act.
                    (E) Petitions for visas or status under section 
                101(a)(27)(C) of such Act.
                    (F) Applications for asylum under section 208 of 
                such Act.
                    (G) Applications for adjustment of status under 
                section 209 of such Act.
                    (H) Petitions for visas or status under section 
                201(b) of such Act.
            (2) Reporting on findings.--Not later than 30 days after 
        the completion of each benefit fraud assessment under paragraph 
        (1), the Secretary shall submit to the Committee on the 
        Judiciary of the House of Representatives and the Committee on 
        the Judiciary of the Senate such assessment and recommendations 
        on how to reduce the occurrence of instances of fraud 
        identified by the assessment.

SEC. 4. VISA SECURITY PROGRAM.

    (a) Funding.--
            (1) In general.--Notwithstanding any other provision of 
        law, beginning in fiscal year 2016 and thereafter, the 
        Secretary of State is authorized to charge surcharges in 
        support of visa security that are in addition to the passport 
        and immigrant visa fees in effect on January 1, 2004, and any 
        other fees collected pursuant to the fourth paragraph under the 
        heading ``Diplomatic and Consular Programs'' in the Department 
        of State and Related Agency Appropriations Act, 2005 (title IV 
        of division B of Public Law 108-447): Provided, that funds 
        collected pursuant to this authority shall be credited to the 
        appropriation for U.S. Immigration and Customs Enforcement for 
        the fiscal year in which the fees were collected, and shall be 
        available until expended for the funding of the Visa Security 
        Program established by the Secretary of Homeland Security under 
        section 428(e) of the Homeland Security Act of 2002 (Public Law 
        107-296): Provided further, that such surcharges shall total 
        the amount sufficient annually to cover the Visa Security 
        Program costs.
            (2) Repayment of appropriated funds.--Twenty percent of the 
        funds collected each fiscal year under the heading ``Diplomatic 
        and Consular Programs'' in title IV of division B of the 
        Department of State and Related Agency Appropriations Act, 2005 
        (Public Law 108-447) shall be deposited into the general fund 
        of the Treasury as repayment of funds appropriated pursuant to 
        subsection (b)(3) until the entire appropriated sum has been 
        repaid.
    (b) Expeditious Expansion of Assignment of Homeland Security 
Employees to Diplomatic and Consular Posts.--
            (1) In general.--Section 428 of the Homeland Security Act 
        of 2002 (6 U.S.C. 236) is amended--
                    (A) in subsection (e)--
                            (i) by amending paragraph (1) to read as 
                        follows:
            ``(1) In general.--Not later than 4 years after the date of 
        the enactment of the Visa Integrity and Security Act of 2016, 
        the Secretary shall assign employees of the Department to each 
        diplomatic and consular post at which visas are issued, and 
        shall communicate such assignments to the Secretary of 
        State.''; and
                            (ii) by amending paragraph (2)(B) to read 
                        as follows:
                    ``(B) Review all such applications and supporting 
                documentation prior to the adjudication of such an 
                application.''; and
                    (B) by striking subsection (i).
            (2) Expedited clearance and placement of dhs personnel.--
        Notwithstanding any other provision of law, and the processes 
        set forth in National Security Defense Directive 38 (dated June 
        2, 1982) or any successor Directive, not later than one year 
        after the date on which the Secretary of Homeland Security 
        communicates to the Secretary of State the assignment of 
        personnel to a diplomatic or consular post under section 428(e) 
        of the Homeland Security Act of 2002 (6 U.S.C. 236(e)), as 
        amended by this Act, the Chief of Mission of such a post shall 
        ensure that such personnel have been stationed and accommodated 
        at that post and are able to carry out their duties.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated $60,000,000 for each of fiscal years 2017 
        and 2018, which shall be used to expedite the implementation of 
        section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 
        236(e)), as amended by this Act.

SEC. 5. BURDEN OF PROOF.

    (a) In General.--Section 291 of the Immigration and Nationality Act 
(8 U.S.C. 1361) is amended--
            (1) by striking ``to the satisfaction of the consular 
        officer'' and inserting ``by clear and convincing evidence''; 
        and
            (2) by striking ``to the satisfaction of the Attorney 
        General'' and by inserting ``by clear and convincing 
        evidence''.
    (b) Conforming Amendment.--Section 214(b) of such Act (8 U.S.C. 
1184(b)) is amended by striking ``establishes to the satisfaction of 
the consular officer,'' and inserting ``establishes by clear and 
convincing evidence to the consular officer,''.
    (c) Application.--The amendments made by this section shall apply 
with respect to applications filed on or after the date of the 
enactment of this Act.

SEC. 6. GAO REPORT.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct a review and report to Congress on the security of 
nonimmigrant and immigrant visa application processes. Such a review 
shall address--
            (1) how the United States government conducts security 
        screening and background checks for nonimmigrant and immigrant 
        visa petitions and applications, including the agencies and 
        partners involved and the systems and databases used; and
            (2) how the Departments of Homeland Security and State 
        consider the results of such screening and background checks in 
        adjudicating nonimmigrant and immigrant visa petitions and 
        applications.
    (b) Agency Cooperation.--Each agency involved in the processes for 
conducting and considering the results of such security screening and 
background checks shall fully cooperate with, and provide timely access 
to, the Comptroller General any requests for records and information.
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