Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
 
 
114th Congress  }                                    {  Rept. 114-850
                        HOUSE OF REPRESENTATIVES
 2d Session     }                                    {         Part 1

======================================================================



 
               STRONG VISA INTEGRITY SECURES AMERICA ACT

                                _______
                                

                December 8, 2016.--Ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5253]

    The Committee on Homeland Security, to whom was referred 
the bill (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, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     5
Hearings.........................................................     6
Committee Consideration..........................................     6
Committee Votes..................................................     6
Committee Oversight Findings.....................................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     7
Congressional Budget Office Estimate.............................     7
Statement of General Performance Goals and Objectives............     7
Duplicative Federal Programs.....................................     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Federal Mandates Statement.......................................     7
Preemption Clarification.........................................     7
Disclosure of Directed Rule Makings..............................     8
Advisory Committee Statement.....................................     8
Applicability to Legislative Branch..............................     8
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing Law Made by the Bill, as Reported............    12

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.--Subject to the minimum number 
                specified in subparagraph (B), the Secretary''; and
          (2) by adding at the end the following new subparagraph:
                  ``(B) Risk-based assignments.--
                          ``(i) In general.--In carrying out 
                        subparagraph (A), the Secretary shall assign, 
                        in a risk-based manner, and considering the 
                        criteria described in clause (ii), employees of 
                        the Department to not fewer than 50 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) Information on 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 formal 
                                objections based on derogatory 
                                information 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, in 
        a risk-based manner, assign employees of the Department to 
        remotely perform the functions required under paragraph (2) at 
        not fewer than 50 of 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, 
        counter-proliferation, and other relevant factors, as 
        determined by the Secretary.''.
  (e) Deadlines.--The requirements established under paragraphs (1) and 
(9) of section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 
236(e)), as amended by this Act, shall be implemented not later than 
three years after the date of the enactment of this Act.

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;
          ``(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))); and
          ``(5) the number of Canadian nationals who entered the United 
        States without a visa whose authorized period of stay in the 
        United States terminated during the previous fiscal year, but 
        who remained in the United States.''.

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.

SEC. 6. SOCIAL MEDIA REVIEW OF VISA APPLICANTS.

  (a) In General.--Subtitle C of title IV of the Homeland Security Act 
of 2002 (6 U.S.C. 231 et seq.), as amended by section 3 of this Act, is 
further amended by adding at the end the following new sections:

``SEC. 436. SOCIAL MEDIA SCREENING.

  ``(a) In General.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall, to the greatest extent 
practicable, and in a risk based manner, review the social media 
accounts of visa applicants who are citizens of, or who reside in, 
high-risk countries, as determined by the Secretary based on the 
criteria described in subsection (b).
  ``(b) High-risk Criteria Described.--In determining whether or not a 
country is high-risk pursuant to subsection (a), the Secretary shall 
consider the following criteria:
          ``(1) 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.
          ``(2) The level of cooperation of the country with the 
        counter-terrorism efforts of the United States.
          ``(3) Any other criteria the Secretary determines 
        appropriate.
  ``(c) Collaboration.--To develop the technology required to carry out 
the requirements of subsection (a), the Secretary shall collaborate 
with--
          ``(1) the head of a national laboratory within the 
        Department's laboratory network with relevant expertise; and
          ``(2) the head of a relevant university-based center within 
        the Department's centers of excellence network.

``SEC. 437. OPEN SOURCE SCREENING.

  ``The Secretary shall, to the greatest extent practicable, and in a 
risk based manner, review open source information of visa applicants.''
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002, as amended by section 3 of this Act, is 
further amended by inserting after the item relating to section 435 the 
following new items:

``Sec. 436. Social media screening.
``Sec. 437 Open source screening.''.

                          Purpose and Summary

    H.R. 5253, the ``Strong Visa Integrity Secures America 
Act,'' takes necessary steps to address potential security gaps 
to strengthen counterterror vetting and screening of 
individuals applying for entry into the United States.
    As a result, this bill increases the number of Immigration 
and Custom Enforcement (ICE) Visa Security Units (VSU) from 26 
to no fewer than 50. This will allow specially trained 
investigators to conduct in-depth reviews of high-risk visa 
applicants.
    While there are more than 220 visa issuing posts around the 
world, the Committee understands that each VSU costs an 
estimated $2.7 million dollars per post. Therefore, the bill 
also expands the Pre-Adjudicated Threat Recognition 
Intelligence Operations Team (PATRIOT) program, which conducts 
security checks remotely, to an additional 50 locations. This 
will allow visa issuing posts with limited space or 
insufficient workload the benefits of certain visa security 
vetting activities in the absence of a VSU.
    The bill also requires the Commissioner of U.S. Customs and 
Border Protection (CBP) establish a system to read embedded 
chips contained within electronic passports, utilize facial 
recognition, and collect biometric data from certain 
individuals at airports of entry. Finally, the Commissioner of 
CBP must continuously screen individuals issued a U.S. visa 
against appropriate criminal, national security, and terrorism 
databases maintained by the Federal Government as well as 
social media profiles.

                  Background and Need for Legislation

    Despite improvements in the visa security screening process 
since 2001, terrorists and other malicious actors have 
continued to exploit the visa process to enter the United 
States. No fewer than 37 terror attacks and plots may have been 
stopped by increased visa security. As a result, H.R. 5253 
makes a series of security enhancements to increase the 
likelihood that terrorists attempting to obtain a visa are 
stopped well before they depart for the United States.
    The Homeland Security Act of 2002 authorized the creation 
of U.S. Immigration and Customs Enforcement's Visa Security 
Program (VSP) for the purpose of interdicting individuals who 
seek to exploit the visa process to enter the United States.
    ICE agents assigned to the VSP provide an additional layer 
of security beyond the existing background security checks 
against the intelligence community holdings. VSP Agents help 
adjudicate discrepancies, resolve false name matches, conduct 
additional investigations, liaise with host government security 
officials and, in the process, keep suspected terrorists from 
arriving on American soil.
    Supporting these efforts is the ICE's PATRIOT program. The 
PATRIOT system remotely vets visa applications against law 
enforcement, intelligence and immigration databases to confirm 
identity, reduce false positives, and quickly identify 
applicants of concern. This early vetting gives ICE critical 
lead time to develop new investigations, advance ongoing 
operations and coordinate with State Department officers to 
fill any information gaps through interviews of the applicants.
    Imposters, or those who present valid travel documents 
belonging to another person, have long been a detection 
challenge for CBP officers at ports of entry. To confirm 
identity and reduce the amount of fraudulent documents accepted 
at the nation's ports of entry, CBP has conducted a series of 
pilots to test facial recognition matching technology at 
several international airports. Electronic passports contain a 
photograph that can be read and then matched to ensure that the 
person attempting entry is in fact the true bearer of the 
travel documents. Preventing imposters from using another's 
legitimate travel document increases security.
    Other gaps addressed in H.R. 5253 include the student visa 
process, which requires matching of a paper-based I-20 form 
issued by colleges and universities, along with the computer-
based Student and Exchange Visitor Information System (SEVIS), 
to identify whether a student is allowed to be admitted in to 
the United States. This two-part system of paper I-20 and the 
computer-based SEVIS matching revealed a gap in the course of 
the Boston Marathon bombing investigation.
    Specifically, Azamat Tazhayakov, a national of Kazakhstan 
and friend of the Tsarnayov brothers, departed the United 
States in December 2012, after he was academically dismissed 
from the University of Massachusetts Dartmouth. Tazhayakov's I-
20 document was terminated as a result of his dismissal, but he 
nonetheless retained it. Tazhayakov was able to reenter the 
United States through a port of entry on January 20, 2013, 
presenting the no-longer valid I-20. As a result, H.R. 5253 
requires DHS to make SEVIS information available to CBP 
Officers conducting primary inspections at each port of entry 
to close this gap.

                                Hearings

    No hearings were held on H.R. 5253 in the 114th Congress.

                        Committee Consideration

    The Committee met on June 8, 2016, to consider H.R. 5253, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by voice vote. The Committee 
took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Mr. Hurd 
(#1); was AGREED TO, as amended, by voice vote.

 An amendment by Mr. Donovan to the Amendment in the Nature of 
a Substitute (#1A); was AGREED TO by voice vote.
     Add at the end a new section entitled ``Sec. 6 Social Media Review 
of Visa Applicants''.

 An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson of Mississippi (#1B); was 
AGREED TO by voice vote.
     Consisting of the following amendments:
     An amendment:
     Page 1, line 18, strike ``based on'' and inset ``considering''.
     Page 2, line 16, strike ``The level of'' and insert ``Information 
on''.

     An amendment:
     Page 5, beginning line 1, strike ``to the greatest extent 
practicable,''.
     Page 5, beginning line 3, strike ``and in consultation, where 
appropriate, with the Secretary of State,''.

     An amendment:
     Page 9, line 10, strike ``and'' at the end.
     Page 9, line 15, insert after ``(8 U.S.C. 1101(a)(6)))'' the 
following: ``; and''.
     Page 9, line 15, strike the first period and insert the following: 
``(5) the number of Canadian nationals who entered the United States 
without a visa whose authorized period of stay in the United States 
terminated during the previous fiscal year, but who remained in the 
United States.''; was AGREED TO by voice vote.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 5253.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
5253, the Strong Visa Integrity Secures America Act, would 
result in no new or increased budget authority, entitlement 
authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 5253 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The general performance goal or objective of this bill is 
to enhance visa security, port of entry security and consular 
officer training to strengthens counterterror vetting and 
screening of individuals applying for entry into the United 
States.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 5253 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 5253 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 5253 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Strong Visa Integrity Secures America Act''.

Sec. 2.   Visa Security.

            (a) In General.
    Subsection (a) amends section 428(e) of the Homeland 
Security Act of 2002 to assign DHS employees at not fewer than 
50 consular and diplomatic posts that issue visas. The 
assignment of these employees, referred to as Visa Security 
Units (VSU), and the decision as to what consular or diplomatic 
posts to assign them to must be done in a risk based manner 
based on certain criteria provided for in the legislation. This 
subsection further provides that the assignment of these 
employees is at the sole discretion of the Secretary of 
Homeland Security, and not the Secretary of State.
    The Committee strongly supports the Visa Security program, 
and believes that having trained ICE agents at Visa Security 
Units abroad is the most effective way to ensure the validity 
of visa applicants at high-risk posts. While remote screening 
is also conducted on visa applications where Visa Security 
Units are located under the PATRIOT program, forward deployed 
agents improve cooperation with consular officers, increase 
technical assistance, and enable access to a number of 
government databases for more thorough vetting of a visa 
applicant prior to and during the course of a consular 
interview. ICE currently has 26 operational VSU's.
            (b) Counterterrorism Vetting and Screening.
    This subsection requires visa applicants be screened 
against the appropriate criminal, national security, and 
terrorism databases maintained by the Federal Government.
            (c) Training and Hiring.
    This subsection requires the Secretary of Homeland Security 
to work through the Commissioner of U.S. Customs and Border 
Protection and the Director of Immigration and Customs 
Enforcement to train any employees posted at consular and 
diplomatic posts.
    The Committee believes training of State Department 
personnel by ICE or CBP is underutilized under the Visa 
Security Program, and such training would provide security 
benefits to employees in consular and diplomatic posts.
            (d) Pre-Adjudicated Visa Security Assistance and Visa 
                    Security Advisory Opinion Unit.
    This subsection amends the Homeland Security Act of 2002 to 
mandate that at an additional 50 diplomatic consular posts at 
which DHS employees are not permanently stationed have visa 
applications vetted remotely. The selection of those 50 posts 
is also done in a risk-based manner.
    While expansion of VSP to 50 posts does not cover the 
nearly 224 total visa-issuing consular posts, it is a cost 
effective and responsibly incremented approach to improving 
visa security abroad and reduces the opportunity for visas to 
be used for terrorists to reach our shores. As a result, the 
Committee supports expansion of remote vetting to screen visas 
issued at additional posts where Visa Security Units do not 
currently exist, but where coverage of such posts could occur 
via partnerships with other law enforcement agencies or 
Department of State.
    Finally, this subsection mandates that the Secretary 
establish a Visa Security Advisory Opinion Unit that can 
respond to requests from the Secretary of State to conduct visa 
security reviews on visa applications using information 
maintained by the department, including terrorism association 
and criminal history.
    Originally recognized through Appropriations legislation, 
the ICE Security Advisory Opinion Unit lacks a formal 
legislative authorization. The Committee supports ICE's 
Security Advisory Opinion efforts and recognizes it as a vital 
part of the Visa Security process.

Sec. 3.   Electronic Passport Screening and Biomentric Matching.

    Section 3 amends the Homeland Security Act of 2002 to add 
the following sections.
    Proposed section 434 requires the Commissioner of U.S. 
Customs and Border Protection to screen electronic passports by 
reading each passport's embedded chip and utilize facial 
recognition to screen travelers at U.S. airports of entry.
    The proposed section requires the passport screening to be 
conducted on U.S. citizens, nationals of countries 
participating in the Visa Waiver Program, and nationals of any 
other foreign country that issue passports with readable chips. 
The facial recognition requirements will only apply to 
nationals from countries participating in the Visa Waiver 
Program.
    The Committee believes electronic passports that contain 
embedded chips that include biometric information greatly 
improve passport and travel security. While these passports 
have recently been required, screening against the biometrics 
contained on the chips does not typically occur upon entry into 
the United States. The Committee believes the security value of 
the electronic passports is maximized when the embedded 
information contained in the e-passport is read, and matched to 
positively identify an individual seeking admission into the 
United States.
    Proposed section 435 mandates the Commissioner of U.S. 
Customs and Border Protection to continuously screen 
individuals issued a visa, and those in the United States or 
arriving soon as part of the Visa Waiver Program, against the 
appropriate criminal, national security, and terrorism 
databases maintained by the Federal Government.
    The Committee is concerned that screening of individuals 
with visas does not occur on a recurring or continuous basis. 
This gap may provide opportunities for exploitation where a 
previously vetted individual may be issued a visa to enter the 
United States, then subsequently listed on a database of 
concern, and be able to enter the country without derogatory 
information flagged by subsequent reviews. The continuous 
vetting provided for in H.R. 5253 would provide greater 
security and ensure individuals issued a visa, but not 
currently in the United States, have their visa or ESTA 
revoked, if warranted.

Sec. 4.   Reporting of Visa Overstays.

    Section 4 amends current law to mandate that the Department 
of Homeland Security issue a report to Congress regarding visa 
overstays. The report must include, among other data: numerical 
estimates of the number of aliens who overstayed their visa 
from each county; the number of aliens within all classes of 
non-immigrant visa categories and appropriate sub-categories 
that overstayed their visa; and the percentage of aliens who 
arrived at a land point of entry.
    The Committee believes that the fiscal year 2015 Visa 
Overstay report issued by the Department is a step in the right 
direction but is not a complete picture of the visa overstay 
problem. For example, this first visa overstay report to 
Congress since the Department of Justice last reported them in 
1996 only includes data on foreign nationals traveling on a B1 
and B2 travel visa for business or pleasure, as well as those 
admitted under the Visa Waiver Program through an air or sea 
port of entry. The report does not capture the entire universe 
of visa overstays including land and pedestrian port of entry 
overstays, including Mexican citizens traveling on a Border 
Crossing Card, or other types of visa categories, such as 
student visas.
    In the absence of a biometric, or even complete biographic 
exit system, CBP must expand their overstay report to all visa 
categories and entry modes to present Congress with a complete 
picture of the state of visa overstays.

Sec. 5.   Student and Exchange Visitor Information System Verification.

    This section mandates the Secretary of Homeland Security 
ensure that information collected in SEVIS is available to CBP 
officers conducting primary inspections of aliens seeking 
admission into the U.S. at all ports of entry.
    The Committee believes that student visas may be one of the 
preferred routes for terrorist exploitation. The current system 
requires matching of a paper-based I-20 form issued by colleges 
and universities, with the computer-based Student and Exchange 
Visitor Information System (SEVIS), to identify whether a 
student is allowed to be admitted in to the United States. This 
two-part system of paper I-20 and the computer-based SEVIS 
matching adds an additional level of complexity, and was 
revealed as a security vulnerability in the course of the 
Boston Marathon bombing investigation. Specifically, Azamat 
Tazhayakov, a national of Kazakhstan and friend of the 
Tsarnayov brothers, departed the United States in December 
2012, after he was academically dismissed from the University 
of Massachusetts Dartmouth.
    According to reports, this lapse occurred in part because 
Customs and Border Protection officers at primary inspection 
did not have access to the Immigration and Customs 
Enforcement's SEVIS database, to verify whether a student's I-
20 was valid.
    While the Committee understands that interim measures have 
been made since 2013, and that SEVIS is available in secondary 
screening, requiring CBP to screen against SEVIS during the 
course of primary inspection will close existing gaps in the 
entry system, and is in line with previous plans for upgrades 
to the SEVIS system.

Sec. 6.   Social Media Review of Visa Applicants.

    Section 6 amends the Homeland Security Act of 2002 to add 
the following sections.
    Proposed section 436 mandates the DHS Secretary to review 
the social media accounts of visa applicants who are citizens 
of, or reside, in high risk countries as determined by the 
Secretary, based on certain criteria provided for in the 
legislation. This shall be implemented to the greatest extent 
possible and in a risk-based manner. In order to develop the 
technology necessary to implement this section the Secretary is 
required to collaborate with the head of the national 
laboratory within the Department's laboratory network with 
relevant expertise and the head of the relevant university 
based center within the Department's centers of excellence 
network.
    The Committee believes that screening visa applicant social 
media accounts will enhance the visa vetting capabilities of 
the U.S. government both in the early stages of a visa 
application and at the issuance phase. It will allow for 
continued monitoring of non-immigrant visa holders during the 
time of visa application, issuance, and entry into the United 
States. This screening has the potential to identify additional 
derogatory information during the visa pre-issuance vetting 
phase which may otherwise be unknown.
    The Committee is pleased that DHS sees value in social 
media vetting. United States Citizenship and Immigration 
Services is currently piloting the use of social media for 
review of applications for certain immigration benefits. 
According to testimony the Committee received in February, 
USCIS is conducted several of these pilots using social media 
in connection with refugee applications and is exploring using 
social media for other adjudications. The Committee 
acknowledges the technical challenges related to the vetting of 
social media for all categories of visas, which is why we 
limited the mandate for this vetting to a smaller subset of the 
riskiest countries.
    Proposed section 437 requires the Secretary, to the 
greatest extent possible, review open source information on 
visa applicants in a risk-based manner.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

         TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

     * * * * * * *

                  Subtitle C--Miscellaneous Provisions

     * * * * * * *
Sec. 434. Electronic passport screening and biometric matching.
Sec. 435. Continuous screening by U.S. Customs and Border Protection.
Sec. 436. Social media screening.
Sec. 437 Open source screening.

           *       *       *       *       *       *       *


TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 428. VISA ISSUANCE.

  (a) Definition.--In this subsection, the term ``consular 
office'' has the meaning given that term under section 
101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(9)).
  (b) In General.--Notwithstanding section 104(a) of the 
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other 
provision of law, and except as provided in subsection (c) of 
this section, the Secretary--
          (1) shall be vested exclusively with all authorities 
        to issue regulations with respect to, administer, and 
        enforce the provisions of such Act, and of all other 
        immigration and nationality laws, relating to the 
        functions of consular officers of the United States in 
        connection with the granting or refusal of visas, and 
        shall have the authority to refuse visas in accordance 
        with law and to develop programs of homeland security 
        training for consular officers (in addition to consular 
        training provided by the Secretary of State), which 
        authorities shall be exercised through the Secretary of 
        State, except that the Secretary shall not have 
        authority to alter or reverse the decision of a 
        consular officer to refuse a visa to an alien; and
          (2) shall have authority to confer or impose upon any 
        officer or employee of the United States, with the 
        consent of the head of the executive agency under whose 
        jurisdiction such officer or employee is serving, any 
        of the functions specified in paragraph (1).
  (c) Authority of the Secretary of State.--
          (1) In general.--Notwithstanding subsection (b), the 
        Secretary of State may direct a consular officer to 
        refuse a visa to an alien if the Secretary of State 
        deems such refusal necessary or advisable in the 
        foreign policy or security interests of the United 
        States.
          (2) Construction regarding authority.--Nothing in 
        this section, consistent with the Secretary of Homeland 
        Security's authority to refuse visas in accordance with 
        law, shall be construed as affecting the authorities of 
        the Secretary of State under the following provisions 
        of law:
                  (A) Section 101(a)(15)(A) of the Immigration 
                and Nationality Act (8 U.S.C. 1101(a)(15)(A)).
                  (B) Section 204(d)(2) of the Immigration and 
                Nationality Act (8 U.S.C. 1154) (as it will 
                take effect upon the entry into force of the 
                Convention on Protection of Children and 
                Cooperation in Respect to Inter-Country 
                adoption).
                  (C) Section 212(a)(3)(B)(i)(IV)(bb) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)(i)(IV)(bb)).
                  (D) Section 212(a)(3)(B)(i)(VI) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)(i)(VI)).
                  (E) Section 212(a)(3)(B)(vi)(II) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)(vi)(II)).
                  (F) Section 212(a)(3)(C) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(3)(C)).
                  (G) Section 212(a)(10)(C) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(10)(C)).
                  (H) Section 212(f) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(f)).
                  (I) Section 219(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1189(a)).
                  (J) Section 237(a)(4)(C) of the Immigration 
                and Nationality Act (8 U.S.C. 1227(a)(4)(C)).
                  (K) Section 401 of the Cuban Liberty and 
                Democratic Solidarity (LIBERTAD) Act of 1996 
                (22 U.S.C. 6034; Public Law 104-114).
                  (L) Section 613 of the Departments of 
                Commerce, Justice, and State, the Judiciary and 
                Related Agencies Appropriations Act, 1999 (as 
                contained in section 101(b) of division A of 
                Public Law 105-277) (Omnibus Consolidated and 
                Emergency Supplemental Appropriations Act, 
                1999); 112 Stat. 2681; H.R. 4328 (originally 
                H.R. 4276) as amended by section 617 of Public 
                Law 106-553.
                  (M) Section 103(f) of the Chemical Weapon 
                Convention Implementation Act of 1998 (112 
                Stat. 2681-865).
                  (N) Section 801 of H.R. 3427, the Admiral 
                James W. Nance and Meg Donovan Foreign 
                Relations Authorization Act, Fiscal Years 2000 
                and 2001, as enacted by reference in Public Law 
                106-113.
                  (O) Section 568 of the Foreign Operations, 
                Export Financing, and Related Programs 
                Appropriations Act, 2002 (Public Law 107-115).
                  (P) Section 51 of the State Department Basic 
                Authorities Act of 1956 (22 U.S.C. 2723).
  (d) Consular Officers and Chiefs of Missions.--
          (1) In general.--Nothing in this section may be 
        construed to alter or affect--
                  (A) the employment status of consular 
                officers as employees of the Department of 
                State; or
                  (B) the authority of a chief of mission under 
                section 207 of the Foreign Service Act of 1980 
                (22 U.S.C. 3927).
          (2) Construction regarding delegation of authority.--
        Nothing in this section shall be construed to affect 
        any delegation of authority to the Secretary of State 
        by the President pursuant to any proclamation issued 
        under section 212(f) of the Immigration and Nationality 
        Act (8 U.S.C. 1182(f)), consistent with the Secretary 
        of Homeland Security's authority to refuse visas in 
        accordance with law.
  (e) Assignment of Homeland Security Employees to Diplomatic 
and Consular Posts.--
          (1) In general.--[The Secretary]
                  (A) Authorization._Subject to the minimum 
                number specified in subparagraph (B), the 
                Secretary is authorized to assign employees of 
                the Department to each diplomatic and consular 
                post at which visas are issued, unless the 
                Secretary determines that such an assignment at 
                a particular post would not promote homeland 
                security.
                  (B) Risk-based assignments.--
                          (i) In general.--In carrying out 
                        subparagraph (A), the Secretary shall 
                        assign, in a risk-based manner, and 
                        considering the criteria described in 
                        clause (ii), employees of the 
                        Department to not fewer than 50 
                        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) Information on 
                                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 formal 
                                objections based on derogatory 
                                information 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.
          (2) Functions.--Employees assigned under paragraph 
        (1) shall perform the following functions:
                  (A) Provide expert advice and training to 
                consular officers regarding specific security 
                threats relating to the adjudication of 
                individual visa applications or classes of 
                applications.
                  (B) Review any such applications, either on 
                the initiative of the employee of the 
                Department or upon request by a consular 
                officer or other person charged with 
                adjudicating such applications.
                  (C) Screen any such applications against the 
                appropriate criminal, national security, and 
                terrorism databases maintained by the Federal 
                Government.
                  [(C)] (D) Conduct investigations with respect 
                to consular matters under the jurisdiction of 
                the Secretary.
          (3) Evaluation of consular officers.--The Secretary 
        of State shall evaluate, in consultation with the 
        Secretary, as deemed appropriate by the Secretary, the 
        performance of consular officers with respect to the 
        processing and adjudication of applications for visas 
        in accordance with performance standards developed by 
        the Secretary for these procedures.
          (4) Report.--The Secretary shall, on an annual basis, 
        submit a report to Congress that describes the basis 
        for each determination under paragraph (1) that the 
        assignment of an employee of the Department at a 
        particular diplomatic post would not promote homeland 
        security.
          (5) Permanent assignment; participation in terrorist 
        lookout committee.--When appropriate, employees of the 
        Department assigned to perform functions described in 
        paragraph (2) may be assigned permanently to overseas 
        diplomatic or consular posts with country-specific or 
        regional responsibility. If the Secretary so directs, 
        any such employee, when present at an overseas post, 
        shall participate in the terrorist lookout committee 
        established under section 304 of the Enhanced Border 
        Security and Visa Entry Reform Act of 2002 (8 U.S.C. 
        1733).
          (6) Training and hiring.--
                  (A) In general.--[The Secretary shall ensure, 
                to the extent possible, that any employees] 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 of the Department assigned to perform 
                functions under paragraph (2) and, as 
                appropriate, consular officers, [shall be 
                provided the necessary training] to enable them 
                to carry out such functions, including training 
                in foreign languages, interview techniques, and 
                fraud detection techniques, in conditions in 
                the particular country where each employee is 
                assigned, and in other appropriate areas of 
                study.
                  (B) Use of center.--The Secretary is 
                authorized to use the National Foreign Affairs 
                Training Center, on a reimbursable basis, to 
                obtain the training described in subparagraph 
                (A).
          (7) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary and the Secretary 
        of State shall submit to Congress--
                  (A) a report on the implementation of this 
                subsection; and
                  (B) any legislative proposals necessary to 
                further the objectives of this subsection.
          (8) Effective date.--This subsection shall take 
        effect on the earlier of--
                  (A) the date on which the President publishes 
                notice in the Federal Register that the 
                President has submitted a report to Congress 
                setting forth a memorandum of understanding 
                between the Secretary and the Secretary of 
                State governing the implementation of this 
                section; or
                  (B) the date occurring 1 year after the date 
                of enactment of this Act.
          (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, in a risk-based 
        manner, assign employees of the Department to remotely 
        perform the functions required under paragraph (2) at 
        not fewer than 50 of 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, 
        counter-proliferation, and other relevant factors, as 
        determined by the Secretary.
  (f) No Creation of Private Right of Action.--Nothing in this 
section shall be construed to create or authorize a private 
right of action to challenge a decision of a consular officer 
or other United States official or employee to grant or deny a 
visa.
  (g) Study Regarding Use of Foreign Nationals.--
          (1) In general.--The Secretary of Homeland Security 
        shall conduct a study of the role of foreign nationals 
        in the granting or refusal of visas and other documents 
        authorizing entry of aliens into the United States. The 
        study shall address the following:
                  (A) The proper role, if any, of foreign 
                nationals in the process of rendering decisions 
                on such grants and refusals.
                  (B) Any security concerns involving the 
                employment of foreign nationals.
                  (C) Whether there are cost-effective 
                alternatives to the use of foreign nationals.
          (2) Report.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall submit a 
        report containing the findings of the study conducted 
        under paragraph (1) to the Committee on the Judiciary, 
        the Committee on International Relations, and the 
        Committee on Government Reform of the House of 
        Representatives, and the Committee on the Judiciary, 
        the Committee on Foreign Relations, and the Committee 
        on Government Affairs of the Senate.
  (h) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Director of the Office of Science 
and Technology Policy shall submit to Congress a report on how 
the provisions of this section will affect procedures for the 
issuance of student visas.
  (i) Visa Issuance Program for Saudi Arabia.--Notwithstanding 
any other provision of law, after the date of the enactment of 
this Act all third party screening programs in Saudi Arabia 
shall be terminated. On-site personnel of the Department of 
Homeland Security shall review all visa applications prior to 
adjudication.

           *       *       *       *       *       *       *


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.

SEC. 436. SOCIAL MEDIA SCREENING.

  (a) In General.--Not later than 180 days after the date of 
the enactment of this section, the Secretary shall, to the 
greatest extent practicable, and in a risk based manner, review 
the social media accounts of visa applicants who are citizens 
of, or who reside in, high-risk countries, as determined by the 
Secretary based on the criteria described in subsection (b).
  (b) High-risk Criteria Described.--In determining whether or 
not a country is high-risk pursuant to subsection (a), the 
Secretary shall consider the following criteria:
          (1) 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.
          (2) The level of cooperation of the country with the 
        counter-terrorism efforts of the United States.
          (3) Any other criteria the Secretary determines 
        appropriate.
  (c) Collaboration.--To develop the technology required to 
carry out the requirements of subsection (a), the Secretary 
shall collaborate with--
          (1) the head of a national laboratory within the 
        Department's laboratory network with relevant 
        expertise; and
          (2) the head of a relevant university-based center 
        within the Department's centers of excellence network.

SEC. 437. OPEN SOURCE SCREENING.

  The Secretary shall, to the greatest extent practicable, and 
in a risk based manner, review open source information of visa 
applicants.

           *       *       *       *       *       *       *

                              ----------                              


                           PUBLIC LAW 105-173

   AN ACT To amend the Immigration and Nationality Act to modify and 
extend the visa waiver pilot program, and to provide for the collection 
 of data with respect to the number of nonimmigrants who remain in the 
United States after the expiration of the period of stay authorized by 
the Attorney General.

           *       *       *       *       *       *       *


SEC. 2. DATA ON NONIMMIGRANT OVERSTAY RATES.

  (a) Collection of Data.--Not later than the date that is 180 
days after the date of the enactment of this Act, the [Attorney 
General] Secretary of Homeland Security shall implement a 
program to collect data, for each fiscal year, regarding the 
total number of aliens within each of the classes of 
nonimmigrant aliens described in section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) whose 
authorized period of stay in the United States terminated 
during the previous fiscal year, but who remained in the United 
States notwithstanding such termination, and any additional 
information that the Secretary determines necessary for 
purposes of the report under subsection (b).
  [(b) Annual Report.---Not later than June 30, 1999, and not 
later than June 30 of each year thereafter, the Attorney 
General shall submit an annual report to the Congress providing 
numerical estimates, for each country for the preceding fiscal 
year, of the number of aliens from the country who are 
described in subsection (a).]
  (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;
          (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))); and
          (5) the number of Canadian nationals who entered the 
        United States without a visa whose authorized period of 
        stay in the United States terminated during the 
        previous fiscal year, but who remained in the United 
        States.

           *       *       *       *       *       *       *


                                 [all]