[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2329 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 301
114th CONGRESS
  1st Session
                                S. 2329

  To prevent the entry of extremists into the United States under the 
                refugee program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2015

 Mr. Paul introduced the following bill; which was read the first time

                           November 30, 2015

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  To prevent the entry of extremists into the United States under the 
                refugee program, 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 ``Stop Extremists Coming Under Refugee 
Entry Act'' or the ``SECURE Act''.

SEC. 2. ENHANCED REFUGEE SECURITY SCREENING.

    (a) Registration.--The Secretary of Homeland Security shall notify 
each alien admitted as a refugee under section 207 of the Immigration 
and Nationality Act (8 U.S.C. 1157) or granted asylum under section 208 
of such Act (8 U.S.C. 1158) that the alien, not later than 30 days 
after the date of the enactment of this Act--
            (1) shall register with the Department of Homeland Security 
        as part of the enhanced screening process described in section 
        3; and
            (2) shall be interviewed and fingerprinted by an official 
        of the Department of Homeland Security.
    (b) Background Check.--The Secretary of Homeland Security shall 
screen and perform a security review on all individuals seeking asylum 
or refugee status under section 207 or 208 of the Immigration and 
Nationality Act to ensure that such individuals do not present a 
national security risk to the United States.
    (c) Monitoring.--The Secretary of Homeland Security shall monitor 
individuals granted asylum or admitted as refugees for indications of 
terrorism.
    (d) Reports and Certifications.--
            (1) Annual screening effectiveness reports.--Not later than 
        25 days after the date of the enactment of this Act, and 
        annually thereafter, the Secretary of Homeland Security shall 
        submit a report to Congress that--
                    (A) describes the effectiveness with which the 
                Department is screening applicants for asylum and 
                refugee status;
                    (B) identifies the number of aliens seeking asylum 
                or refugee status who were screened and registered 
                during the past fiscal year, broken down by country of 
                origin;
                    (C) identifies the number of unfinished or 
                unresolved security screenings for aliens described in 
                subparagraph (B);
                    (D) identifies the number of refugees admitted to 
                the United States under section 207 or 208 of the 
                Immigration and Nationality Act who--
                            (i) have not yet participated in the 
                        enhanced screening process required under 
                        section 3(a); or
                            (ii) have not been notified by the 
                        Secretary pursuant to subsection (a);
                    (E) identifies the number of aliens seeking asylum 
                or refugee status who were deported as a result of 
                information gathered during interviews and background 
                checks conducted pursuant to subsections (a)(2) and 
                (b), broken down by country of origin; and
                    (F) indicates whether the enhanced screening 
                process has been implemented in a manner that is 
                overbroad or results in the deportation of individuals 
                who pose no reasonable national security threat.
            (2) Certification and national security report.--Not later 
        than 30 days after the date of the enactment of this Act, the 
        Secretary of Homeland Security shall certify to Congress that--
                    (A) the requirements described in subsections (a) 
                through (c) have been completed;
                    (B) the report required under paragraph (1) was 
                timely submitted; and
                    (C) all necessary steps have been taken to improve 
                the refugee screening process to prevent terrorists 
                from threatening national security by gaining admission 
                to the United States by claiming refugee or asylee 
                status and refugee status.
    (e) Temporary Moratorium on Refugee Admission.--
            (1) In general.--The Secretary of State may not approve an 
        application for refugee status under section 207 of the 
        Immigration and Nationality Act (8 U.S.C. 1157) and the 
        Secretary of Homeland Security may not approve an application 
        for asylum under section 208 of such Act (8 U.S.C. 1158) to any 
        national of a high-risk country.
            (2) High-risk country.--In this subsection, the term 
        ``high-risk country'' means any of the following countries or 
        territories:
                    (A) Afghanistan.
                    (B) Algeria.
                    (C) Bahrain.
                    (D) Bangladesh.
                    (E) Egypt.
                    (F) Eritrea.
                    (G) Indonesia.
                    (H) Iran.
                    (I) Iraq.
                    (J) Jordan.
                    (K) Kazakhstan.
                    (L) Kuwait.
                    (M) Kyrgyzstan.
                    (N) Lebanon.
                    (O) Libya.
                    (P) Mali.
                    (Q) Morocco.
                    (R) Nigeria.
                    (S) North Korea.
                    (T) Oman.
                    (U) Pakistan.
                    (V) Qatar.
                    (W) Russia.
                    (X) Saudi Arabia.
                    (Y) Somalia.
                    (Z) Sudan.
                    (AA) Syria.
                    (BB) Tajikistan.
                    (CC) Tunisia.
                    (DD) Turkey.
                    (EE) United Arab Emirates.
                    (FF) Uzbekistan.
                    (GG) Yemen.
                    (HH) The Palestinian Territories.
    (f) Conditions for Resumption of Approvals.--The moratorium under 
subsection (e) may be lifted after--
            (1) the Secretary of Homeland Security--
                    (A) submits the reports required under subsection 
                (d)(1);
                    (B) makes the certifications required in subsection 
                (d)(2); and
                    (C) certifies to Congress that any backlog in 
                screening existing cases from those aliens already 
                approved, or pending approval, has been eliminated; and
            (2) Congress enacts a law to reinstate, based upon the 
        information provided, the approval of applications for refugee 
        or asylee status.

SEC. 3. ADDITIONAL WAITING PERIODS AND SECURITY SCREENINGS FOR NEW VISA 
              APPLICANTS.

    (a) Enhanced Security Screenings.--The Secretary of Homeland 
Security, in cooperation with the Secretary of State, shall ensure that 
a new application for a visa to enter the United States is not approved 
until--
            (1) at least 30 days after such application is submitted; 
        and
            (2) after the completion of an enhanced security screening 
        with respect to the applicant.
    (b) Visa Waiver Program Countries.--Unless otherwise permitted 
under this Act, the Secretary of Homeland Security, in cooperation with 
the Secretary of State, shall ensure that no alien enters the United 
States until after 30 days of security assessments have been conducted 
on such alien, regardless of whether the alien's country of origin is 
participating in the Visa Waiver Program established under section 217 
of the Immigration and Nationality Act (8 U.S.C. 1187).
    (c) Trusted Traveler Exception.--
            (1) In general.--Notwithstanding subsections (a) and (b) or 
        section 4(a), the Secretary of Homeland Security shall accept 
        applications, and may approve qualified applicants, for 
        enrollment in the Global Entry trusted traveler program 
        described in section 235.12 of title 8, Code of Federal 
        Regulations, regardless of the nationality or country of 
        habitual residence of the applicant.
            (2) Priority.--In review applications for enrollment in the 
        Global Entry trusted traveler program, the Secretary shall 
        assign priority status in the following order:
                    (A) United States citizens.
                    (B) United States legal permanent residents.
                    (C) Citizens of any country that is designated as a 
                Visa Waiver Program country under section 217(c) of the 
                Immigration and Nationality Act (8 U.S.C. 1187(c)).
                    (D) Aliens that have a documented frequent travel 
                history to and from the United States.
                    (E) Applicants not described in subparagraphs (A) 
                through (D).
            (3) Use of fees.--Fees collected from applicants for the 
        Global Entry trusted traveler program shall be used to pay for 
        the cost of enhanced screening required under this Act.
            (4) Rule of construction.--Nothing in this Act may be 
        construed as requiring the Secretary of Homeland Security to 
        approve an unqualified or high-risk applicant for enrollment in 
        the Global Entry trusted traveler program.

SEC. 4. ENHANCED SECURITY SCREENING FOR HIGHER-RISK VISA APPLICANTS.

    (a) Moratorium on High-risk Visas.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of Homeland Security may not approve any application 
        for entry to the United States from an alien who is a national 
        of, or who is applying from, a high-risk country (as defined in 
        section 2(e)) until after--
                    (A) the completion of the congressional review 
                process described in subsection (b); and
                    (B) the enactment of a law that authorizes the 
                termination of the visa moratorium under this 
                subsection.
            (2) Exception.--The visa moratorium under paragraph (1) 
        shall not apply to individuals who are enrolled in the Global 
        Entry trusted traveler program.
    (b) Congressional Review of Screening Policies.--
            (1) Certification.--The Secretary of Homeland Security, the 
        Secretary of State, and the Director of National Intelligence 
        shall jointly submit a report to Congress certifying that--
                    (A) a national security screening process has been 
                established and implemented that significantly improves 
                the Federal Government's ability to identify security 
                risks posed by aliens from high-risk countries who--
                            (i) seek to travel to the United States; or
                            (ii) have been approved for entry to the 
                        United States;
                    (B) the process identified in subparagraph (A) 
                requires a 30-day security assessment for each 
                applicant from high-risk countries;
                    (C) the national security screening process for 
                aliens from high-risk countries will be used to assess 
                the risk posed by applicants from such countries, 
                including a description of such process;
                    (D) the screening process identified in 
                subparagraph (A) will be used to assess national 
                security risks posed by aliens who are already in the 
                United States or have been approved to enter the United 
                States;
                    (E) the complete biometric entry-exit control 
                system required under section 110 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (division C of Public Law 104-208; 8 U.S.C. 1221 
                note) has been fully implemented;
                    (F) all necessary steps have been taken to prevent 
                the national security vulnerability of allowing 
                individuals to overstay a temporary legal status in the 
                United States; and
                    (G) a policy has been implemented to remove aliens 
                that are identified as having overstayed their period 
                of lawful presence in the United States.
            (2) Conditions for resumption of approvals.--After the 
        certifications required under paragraph (A) have been made, 
        Congress may enact a law, based on the information provided, to 
        lift the moratorium described in subsection (a).

SEC. 5. ONE HUNDRED PERCENT EXIT TRACKING FOR ALL UNITED STATES 
              VISITORS.

    (a) Recording Exits and Correlation to Entry Data.--The Secretary 
of Homeland Security shall integrate the records collected through the 
automated entry-exit control system referred to in section 4(b)(1)(E) 
into an interoperable data system and any other database necessary to 
correlate an alien's entry and exit data.
    (b) Processing of Records.--Before the departure of outbound aliens 
at each point of entry, the Secretary shall provide for cross-reference 
capability between databases designated by the Secretary under 
subsection (a) to determine and record whether an outbound alien has 
been in the United States without lawful immigration status.
    (c) Records Inclusion Requirements.--The Secretary shall maintain 
readily accessible entry-exit data records for immigration and other 
law enforcement and improve immigration control and enforcement by 
including information necessary to determine whether an outbound alien 
without lawful presence in the United States entered the country 
through--
            (1) unauthorized entry between points of entry;
            (2) visa or other temporary authorized status;
            (3) fraudulent travel documents;
            (4) misrepresentation of identity; or
            (5) any other method of entry.
    (d) Prohibition on Collecting Exit Records for United States 
Citizens at Land Points of Entry.--
            (1) Prohibition.--While documenting the departure of 
        outbound individuals at each land point of entry along the 
        Southern or Northern border, the Secretary may not--
                    (A) process travel documents of United States 
                citizens;
                    (B) log, store, or transfer exit data for United 
                States citizens;
                    (C) create, maintain, operate, access, or support 
                any database containing information collected through 
                outbound processing at a point of entry that contains 
                records identifiable to an individual United States 
                citizen.
            (2) Exception.--The prohibition set forth in paragraph (1) 
        does not apply to the records of an individual if an officer 
        processing travel documentation in the outbound lanes at a 
        point of entry along the Southern or Northern border--
                    (A) has a strong suspicion that the individual has 
                engaged in criminal or other prohibited activities; or
                    (B) needs to verify an individual's identity 
                because the individual is attempting to exit the United 
                States without travel documentation.
            (3) Verification of travel documents.--Subject to the 
        prohibition set forth in paragraph (1), the Secretary may 
        provide for the confirmation of a United States citizen's 
        travel documentation validity in the outbound lanes at a point 
        of entry along the Southern border.
    (e) Report on Infrastructure Requirements to Carry Out 100 Percent 
Land Exit Tracking.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
that assesses the infrastructure needs for each point of entry along 
the Southern border to fulfill the requirements under this section, 
including--
            (1) a description of anticipated infrastructure needs 
        within each point of entry;
            (2) a description of anticipated infrastructure needs 
        adjacent to each point of entry;
            (3) an assessment of the availability of secondary 
        inspection areas at each point of entry;
            (4) an assessment of space available at or adjacent to a 
        point of entry to perform processing of outbound aliens;
            (5) an assessment of the infrastructure demands relative to 
        the volume of outbound crossings for each point of entry; and
            (6) anticipated wait times for outbound individuals during 
        processing of travel documents at each point of entry, relative 
        to possible improvements at the point of entry.
    (f) Limitations on Outbound Secondary Inspections.--The Secretary 
may not designate an outbound United States citizen for secondary 
inspection or collect biometric information from a United States 
citizen under outbound inspection procedures unless criminal or other 
prohibited activity has been detected or is strongly suspected.
    (g) Outbound Processing of Persons in the United States Without 
Lawful Presence.--
            (1) Process for recording unlawful presence.--If the 
        Secretary determines, at a point of entry along the Southern 
        border, that an outbound alien has been in the United States 
        without lawful presence, the Secretary shall--
                    (A) collect and record biometric data from the 
                individual;
                    (B) combine data related to the individual's 
                unlawful presence with any other information related to 
                the individual in the interoperable database, in 
                accordance with paragraphs (4) and (5) of subsection 
                (b); and
                    (C) except as provided in subparagraph (B), permit 
                the individual to exit the United States.
            (2) Exception.--An individual shall not be permitted to 
        leave the United States if, during outbound inspection, the 
        Secretary detects previous unresolved criminal activity by the 
        individual.
    (h) Rule of Construction.--Nothing in this Act, or amendments made 
by this Act, may be construed as replacing or repealing the 
requirements for biometric entry-exit capture required under section 
110 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (division C of Public Law 104-208; 8 U.S.C. 1221 note).

SEC. 6. REQUIREMENTS TO ENSURE LEGAL VOTING.

    (a) Restrictions.--
            (1) Affidavit required.--Any individual in asylum status, 
        refugee status, legal permanent resident status, or any other 
        permanent or temporary visa status who intends to remain in the 
        United States in such status for longer than 6 months shall 
        submit to the Secretary, during the period specified by the 
        Secretary, a signed affidavit that states that the alien--
                    (A) has not cast a ballot in any Federal election 
                in the United States; and
                    (B) will not register to vote, or cast a ballot, in 
                any Federal election in the United States while in such 
                status.
            (2) Penalty.--If an alien described in paragraph (1) fails 
        to timely submit the affidavit described in paragraph (1) or 
        violates any term of such affidavit--
                    (A) the Secretary shall immediately--
                            (i) revoke the legal status of such alien; 
                        and
                            (ii) deport the alien to the country from 
                        which he or she originated; and
                    (B) the alien will be permanently ineligible for 
                United States citizenship.
            (3) Bars to legal status.--Any individual in asylum status, 
        refugee status, legal permanent resident status, or any other 
        permanent or temporary visa status who illegally registers to 
        vote or who votes in any Federal election after receiving such 
        status or visa--
                    (A) shall not be eligible to apply for permanent 
                residence or citizenship; and
                    (B) if such individual has already been granted 
                permanent residence, shall lose such status and be 
                subject to deportation pursuant to section 237(a)(6) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1227(a)(6)).
    (b) Responsibilities of the Secretary of Homeland Security.--
            (1) Eligibility determination.--In determining whether an 
        individual described in subsection (a)(1) is eligible for legal 
        status, including naturalization, under the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of 
        Homeland Security shall verify that the alien has not 
        registered to vote, or cast a ballot, in a Federal election in 
        the United States.
            (2) Verification of citizenship.--The Secretary shall 
        provide the election director of each State, and such local 
        election officials as may be designated by such State 
        directors, with access to relevant databases containing 
        information about aliens who have been granted asylum, refugee 
        status, or any other permanent or temporary visa status 
        authorized under the Immigration and Nationality Act or by 
        executive action, for the sole purpose of verifying the 
        citizenship status of registered voters and all individuals 
        applying to register to vote.
            (3) Annual report.--The Secretary shall submit an annual 
        report to Congress that identifies all jurisdictions in the 
        United States that have registered individuals who are not 
        United States citizens to vote in a Federal election.
    (c) Responsibilities of States.--
            (1) Proof of citizenship.--Notwithstanding the Voting 
        Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National 
        Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), and 
        any other Federal law, all States and local governments--
                    (A) shall require individuals registering to vote 
                in Federal elections to provide adequate proof of 
                citizenship;
                    (B) may not accept an affirmation of citizenship as 
                adequate proof of citizenship for voter registration 
                purposes; and
                    (C) may require identification information from all 
                such voter registration applicants.
            (2) Cooperation with department of homeland security.--All 
        States and local governments shall provide the Department of 
        Homeland Security with the registration and voting history of 
        any alien seeking registered provisional status, 
        naturalization, or any other immigration benefit, upon the 
        request of the Secretary.
            (3) Consequence of noncompliance.--
                    (A) First year.--If any State is not in compliance 
                with the proof of citizenship requirements set forth in 
                paragraph (1) on or before the date that is 1 year 
                after the date of the enactment of this Act, the 
                Secretary of Transportation shall reduce the 
                apportionment calculated under section 104(c) of title 
                23, United States Code, for that State for the 
                following fiscal year by 10 percent.
                    (B) Subsequent years.--For each subsequent year in 
                which any State is not in compliance with the proof of 
                citizenship requirements set forth in paragraph (1), 
                the Secretary of Transportation shall reduce the 
                apportionment calculated under section 104(c) of title 
                23, United States Code, for that State for the 
                following fiscal year by an additional 10 percent.

SEC. 7. SECURE THE TREASURY.

    (a) No Welfare for Refugees or Asylees Beginning 1 Year After Date 
of Admission.--Notwithstanding any other provision of law, an alien 
admitted to the United States as a refugee under section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) or granted asylum under 
section 208 of such Act (8 U.S.C. 1158), beginning 1 year after the 
date of such admission--
            (1) is not be eligible for any assistance or benefits 
        described in subsection (c); and
            (2) may not claim the earned income tax credit under 
        section 32 of the Internal Revenue Code of 1986.
    (b) No Citizenship for Aliens Who Apply for and Receive Welfare.--
Any alien granted refugee status or asylee admission to the United 
States under a permanent or temporary visa, and who is prohibited under 
subsection (a) from applying for, or receiving, assistance or benefits 
described in subsection (c) or from claiming the earned income tax 
credit under section 32 of the Internal Revenue Code of 1986, or any 
other credit allowed by subpart C of part IV of subchapter A of chapter 
1 of such Code shall be permanently prohibited from becoming 
naturalized as a citizen of the United States if the alien--
            (1) applies for and receives any such assistance or 
        benefits; or
            (2) claims and is allowed any such credit.
    (c) Federal Means-tested Benefit Programs.--The Federal means-
tested benefit programs listed in this paragraph are--
            (1) the temporary assistance for needy families program 
        under part A of title IV of the Social Security Act (42 U.S.C. 
        601 et seq.)
            (2) the Medicaid program under title XIX of the Social 
        Security Act (42 U.S.C. 1396 et seq.);
            (3) the State children's health insurance program 
        authorized under title XXI of the Social Security Act (42 
        U.S.C. 1397aa et seq.);
            (4) the supplemental nutrition assistance program 
        established under the Food and Nutrition Act of 2008 (7 U.S.C. 
        2011 et seq.); and
            (5) the program of block grants to States for social 
        services under subtitle A of title XX of the Social Security 
        Act (42 U.S.C. 1397 et seq.).
    (d) Verification Procedures.--In order to comply with the 
limitation under subsection (a)--
            (1) proof of citizenship shall be required as a condition 
        for receipt of assistance or benefits under the Federal means-
        tested benefit programs listed in subsection (c);
            (2) proof of citizenship shall be verified as a condition 
        for receiving assistance or benefits under the Federal means-
        tested benefit programs listed in subsection (c), including by 
        using the Systematic Alien Verification for Entitlements 
        Program of the U.S. Citizenship and Immigration Services to 
        confirm that an individual who has presented proof of 
        citizenship as a condition for receipt of assistance or 
        benefits under any such program is not an alien; and
            (3) officers and employees of State agencies that 
        administer a Federal means-tested benefit program listed in 
        subsection (c) shall report to any suspicious or fraudulent 
        identity information provided by an individual applying for 
        assistance or benefits to the Secretary of Homeland Security.
    (e) Nonapplication of the Privacy Act.--Notwithstanding any other 
provision of law, section 552a of title 5, United States Code (commonly 
referred to as the ``Privacy Act'') may not be construed as prohibiting 
an officer or employee of a State from verifying a claim of citizenship 
for purposes of eligibility for assistance or benefits under a Federal 
means-tested benefit program listed in subsection (c).
                                                       Calendar No. 301

114th CONGRESS

  1st Session

                                S. 2329

_______________________________________________________________________

                                 A BILL

  To prevent the entry of extremists into the United States under the 
                refugee program, and for other purposes.

_______________________________________________________________________

                           November 30, 2015

            Read the second time and placed on the calendar