[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2435 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2435

   To ensure that each covered alien receives a thorough background 
 investigation before such alien is admitted to the United States as a 
                    refugee, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2015

   Mr. Kirk (for himself, Mrs. Capito, Mr. Isakson, Mr. Tillis, Mr. 
 Wicker, and Mr. Inhofe) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To ensure that each covered alien receives a thorough background 
 investigation before such alien is admitted to the United States as a 
                    refugee, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defend America Act of 2015''.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Select Committee on Intelligence of the 
                Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (E) the Committee on Foreign Relations of the 
                Senate;
                    (F) the Committee on Appropriations of the Senate;
                    (G) the Committee on Armed Services of the House of 
                Representatives;
                    (H) the Permanent Select Committee on Intelligence 
                of the House of Representatives;
                    (I) the Committee on the Judiciary of the House of 
                Representatives;
                    (J) the Committee on Homeland Security of the House 
                of Representatives;
                    (K) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (L) the Committee on Appropriations of the House of 
                Representatives.
            (2) Covered alien.--The term ``covered alien'' means any 
        alien who--
                    (A)(i) is applying for admission to the United 
                States as a refugee; and
                    (ii) is a national or resident of Iraq or Syria;
                    (iii) has no known nationality and whose last 
                habitual residence was in Iraq or in Syria; or
                    (iv) has been present in Iraq or in Syria at any 
                time on or after March 1, 2011.
                    (B) is not a citizen of Iraq who--
                            (i) is or was employed by or on behalf of 
                        the United States Government in Iraq on or 
                        after March 20, 2003, for not less than 1 year; 
                        and
                            (ii) provided faithful and valuable service 
                        to the United States Government, which is 
                        documented in a positive recommendation or 
                        evaluation described in subsection (c), from 
                        the employer's senior supervisor in the United 
                        States Government or from a more senior person 
                        if the employee's senior supervisor cannot be 
                        located;
                    (C) is not the spouse or child of an alien 
                described in subparagraph (B); and
                    (D) is not an infant child without living parents 
                who is younger than 4 years of age, as certified under 
                procedures promulgated by the Secretary of State under 
                subsection (b).
            (3) Foreign terrorist organization.--The term ``foreign 
        terrorist organization'' is a foreign organization that is 
        designated as a foreign terrorist organization by the Secretary 
        of State in accordance with section 219(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1189(a)).
    (b) Certification.--
            (1) In general.--The Secretary of State shall promulgate 
        regulations establishing procedures for certifying that an 
        alien is an alien child without living parents who is younger 
        than 4 years of age.
            (2) Submission.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        the regulations promulgated under paragraph (1) to the 
        appropriate congressional committees.
            (3) Implementation.--Not earlier than 90 days after the 
        submission of regulations under paragraph (2), the Secretary of 
        State shall implement such regulations.
    (c) Approval by Chief of Mission Required.--Each recommendation or 
evaluation required under subparagraph (B)(ii) shall be accompanied by 
approval from the appropriate Chief of Mission, or the designee of the 
appropriate Chief of Mission, who shall conduct a risk assessment of 
the alien and an independent review of records maintained by the United 
States Government or hiring organization or entity to confirm the 
alien's employment and faithful and valuable service to the United 
States Government before the alien is exempted from definition of 
covered alien under subsection (a)(2)(B).

SEC. 3. ENHANCED SCREENING MEASURES FOR COVERED ALIENS.

    (a) Temporary Suspension of Admissions.--
            (1) In general.--Notwithstanding any other provision of 
        law--
                    (A) a covered alien may not be admitted to the 
                United States as a refugee under section 207 of the 
                Immigration and Nationality Act (8 U.S.C. 1157) or 
                under any other provision of law;
                    (B) no Federal funds may be expended to process 
                applications for covered aliens to be admitted as 
                refugees; and
                    (C) no Federal funds may be expended by the 
                Secretary of State or the Secretary of Health and Human 
                Services to resettle covered aliens in the United 
                States.
            (2) Effective period.--Paragraph (1) shall be in effect 
        until the date that is 30 days after the date on which the 
        President submits, to the appropriate congressional committees, 
        a certification that the provisions under subsections (b) 
        through (g) have been carried out.
    (b) Background Investigation.--
            (1) In general.--In addition to any screenings conducted by 
        the Department of State or the Department of Homeland Security, 
        the Director of the Federal Bureau of Investigation shall take 
        all actions necessary to ensure that each covered alien 
        receives a thorough background investigation before such alien 
        is admitted to the United States as a refugee.
            (2) FBI certification.--A covered alien may not be admitted 
        to the United States as a refugee until after the Director of 
        the Federal Bureau of Investigation certifies to the Secretary 
        of Homeland Security and the Director of National Intelligence 
        that such alien has received a background investigation that is 
        sufficient to determine whether such alien--
                    (A) is a threat to the security of the United 
                States; and
                    (B) has provided support to any foreign terrorist 
                organization, which may include publishing or otherwise 
                engaging in social media to promote or otherwise 
                support a foreign terrorist organization.
    (c) Certification by Unanimous Concurrence.--A covered alien may 
only be admitted to the United States after the Secretary of Homeland 
Security, with the unanimous concurrence of the Director of the Federal 
Bureau of Investigation and the Director of National Intelligence, 
certifies to the appropriate congressional committees that the covered 
alien--
            (1) is not a threat to the security of the United States; 
        and
            (2) has not provided support to any foreign terrorist 
        organization, including by publishing or otherwise engaging in 
        social media to promote or otherwise support a foreign 
        terrorist organization.
    (d) Inspector General Review of Certifications.--The Inspector 
General of the Department of Homeland Security shall--
            (1) conduct a risk-based review of all certifications made 
        under subsection (c) during each fiscal year; and
            (2) not later than October 30 of each year, submit a 
        report, in unclassified form with classified annexes, to the 
        appropriate congressional committees that--
                    (A) describes the findings of the review conducted 
                under paragraph (1);
                    (B) includes an assessment of the data sets and 
                vetting procedures used by the Department of Homeland 
                Security; and
                    (C) includes an assessment of the Department of 
                Homeland Security's access to information and data sets 
                controlled, administered, or maintained by other 
                agencies or departments that are necessary to conduct a 
                thorough screening of covered aliens.
    (e) Quarterly Report.--The Secretary of Homeland Security shall 
submit a quarterly report to the appropriate congressional committees 
that includes, for the quarter immediately preceding the date of the 
report--
            (1) the total number of applications for admission with 
        regard to which a certification under subsection (c) was made;
            (2) the number of covered aliens with regard to whom such a 
        certification was not made; and
            (3) for each covered alien with regard to whom a 
        certification under subsection (c) was not made, the 
        justification for the nonconcurrence of each department or 
        agency.
    (f) Annual Comptroller General Evaluation.--The Comptroller General 
of the United States shall--
            (1) annually evaluate all the certifications made under 
        subsections (b) and (c); and
            (2) not later than October 30 of each year, submit to the 
        appropriate congressional committees a report, in unclassified 
        form with classified annexes, that includes--
                    (A) the findings of the evaluations under paragraph 
                (1);
                    (B) an assessment of the data sets and vetting 
                procedures used by the Federal Bureau of Investigation 
                and the Department of Homeland Security;
                    (C) an assessment of the Federal Government's 
                access to the information and data sets necessary to 
                conduct a thorough screening of covered aliens; and
                    (D) a detailed list of covered aliens who--
                            (i) were admitted pursuant to this Act; and
                            (ii) during the previous fiscal year--
                                    (I) were indicted for criminal 
                                misconduct and are awaiting trial, with 
                                a description of the pending charges;
                                    (II) had pending criminal charges 
                                against them dismissed, with a 
                                description of the charges;
                                    (III) were acquitted of criminal 
                                misconduct at trial, with a description 
                                of the charges;
                                    (IV) were convicted of, or pled 
                                guilty to, criminal misconduct, with a 
                                list of the charges and the sentence;
                                    (V) were listed on the Terrorist 
                                Screening Center's Terrorist Screening 
                                Database (TSDB); or
                                    (VI) were listed on the National 
                                Counterterrorism Center's Terrorist 
                                Identities Datamart Environment (TIDE).
    (g) Report on Additional Enhanced Measures.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Homeland Security, in consultation with the Director of the Federal 
Bureau of Investigation, the Director of National Intelligence, and the 
Secretary of State, shall submit a report to the appropriate 
congressional committees that--
            (1) identifies plans for additional enhanced measures for 
        the purposes of improving the screening conducted by the United 
        States Government on any covered alien seeking to be admitted 
        as a refugee to the United States, including any enhanced 
        screening to determine whether such alien--
                    (A) has any links to terrorism-related social 
                media; or
                    (B) has provided support to any foreign terrorist 
                organization;
            (2) describes the changes made to the refugee program by 
        the Department of Homeland Security in response to the 
        infiltration of 2 Al-Qaeda in Iraq-linked terrorists into the 
        United States and their resettlement in Bowling Green, 
        Kentucky, through the Iraqi refugee program in 2009; and
            (3) indicates if the Secretary of Homeland Security is 
        aware of any former or current known terrorists who have been 
        admitted to the United States as refugees.

SEC. 4. STATE NOTIFICATION.

    Section 412(b) of the Immigration and Nationality Act (8 U.S.C. 
1522(b)) is amended by adding at the end the following:
    ``(9) Before a refugee is resettled in a State, the Secretary of 
State shall provide the Governor of such State, or the Governor's 
designee, with respect to the refugee--
            ``(A) the full, legal name;
            ``(B) a physical description, including biometric 
        information;
            ``(C) relevant biographical information;
            ``(D) the country of origin; and
            ``(E) any prior citizenship.''.

SEC. 5. INADMISSIBILITY FOR USE OF SOCIAL MEDIA TO PROMOTE TERRORISM.

    (a) In General.--Section 212(a)(3)(B)(i)(VII) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VII)) is amended by 
inserting ``, including through the use of social media'' before the 
semicolon at the end.
    (b) Rulemaking.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of State, shall issue regulations, in 
accordance with section 553 of title 5, United States Code, to ensure 
that no alien applying for an immigrant visa under section 203 of the 
Immigration and Nationality Act (8 U.S.C. 1153) or for adjustment of 
status under section 245 of such Act (8 U.S.C. 1155) is admitted if the 
alien has violated section 212(a)(3)(B)(i)(VII) of such Act (8 U.S.C. 
1182(a)(3)(B)(i)(VII)), as amended by subsection (a).
    (c) Effective Date.--The regulations issued under subsection (b) 
shall take effect on the date that is 30 days after the date on which 
such regulations are published in the Federal Register.

SEC. 6. VISA WAIVER PROGRAM SECURITY.

    (a) Restriction on Use of Visa Waiver Program for Aliens Who Travel 
to Certain Countries.--Section 217(a) of the Immigration and 
Nationality Act (8 U.S.C. 1187(a)) is amended by adding at the end the 
following:
            ``(12) Not present in iraq, syria, or any other country or 
        area of concern.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C)--
                            ``(i) the alien has not been present, at 
                        any time on or after March 1, 2011--
                                    ``(I) in Iraq or Syria;
                                    ``(II) in a country that is 
                                designated by the Secretary of State 
                                under section 6(j) of the Export 
                                Administration Act of 1979 (50 U.S.C. 
                                2405) (as continued in effect under the 
                                International Emergency Economic Powers 
                                Act (50 U.S.C. 1701 et seq.)), section 
                                40 of the Arms Export Control Act (22 
                                U.S.C. 2780), section 620A of the 
                                Foreign Assistance Act of 1961 (22 
                                U.S.C. 2371), or any other provision of 
                                law, as a country, the government of 
                                which has repeatedly provided support 
                                of acts of international terrorism; or
                                    ``(III) in any other country or 
                                area of concern designated by the 
                                Secretary of Homeland Security under 
                                subparagraph (D); and
                            ``(ii) regardless of whether the alien is a 
                        national of a program country, the alien is not 
                        a national of--
                                    ``(I) Iraq or Syria;
                                    ``(II) a country that is 
                                designated, at the time the alien 
                                applies for admission, by the Secretary 
                                of State under section 6(j) of the 
                                Export Administration Act of 1979 (50 
                                U.S.C. 2405) (as continued in effect 
                                under the International Emergency 
                                Economic Powers Act (50 U.S.C. 1701 et 
                                seq.)), section 40 of the Arms Export 
                                Control Act (22 U.S.C. 2780), section 
                                620A of the Foreign Assistance Act of 
                                1961 (22 U.S.C. 2371), or any other 
                                provision of law, as a country, the 
                                government of which has repeatedly 
                                provided support of acts of 
                                international terrorism; or
                                    ``(III) any other country that is 
                                designated, at the time the alien 
                                applies for admission, by the Secretary 
                                of Homeland Security under subparagraph 
                                (D).
                    ``(B) Certain military personnel and government 
                employees.--Subparagraph (A)(i) shall not apply to an 
                alien if the Secretary of Homeland Security determines 
                that the alien was present--
                            ``(i) in order to perform military service 
                        in the armed forces of a program country; or
                            ``(ii) in order to carry out official 
                        duties as a full-time employee of the 
                        government of a program country.
                    ``(C) Waiver.--The Secretary of Homeland Security 
                may waive the application of subparagraph (A) with 
                respect to an alien if the Secretary determines that 
                such a waiver is in the law enforcement or national 
                security interests of the United States.
                    ``(D) Countries or areas of concern.--
                            ``(i) In general.--Not later than 60 days 
                        after the date of the enactment of this 
                        paragraph, the Secretary of Homeland Security, 
                        in consultation with the Secretary of State and 
                        the Director of National Intelligence, shall 
                        determine whether the requirement under 
                        subparagraph (A) shall apply to any other 
                        country or area.
                            ``(ii) Criteria.--In making a determination 
                        under clause (i), the Secretary shall 
                        consider--
                                    ``(I) whether the presence of an 
                                alien in the country or area increases 
                                the likelihood that the alien is a 
                                credible threat to the national 
                                security of the United States;
                                    ``(II) whether a foreign terrorist 
                                organization has a significant presence 
                                in the country or area; and
                                    ``(III) whether the country or area 
                                is a safe haven for terrorists.
                            ``(iii) Annual review.--The Secretary shall 
                        conduct an annual review of any determination 
                        made under clause (i).
                    ``(E) Report.--Beginning not later than 1 year 
                after the date of the enactment of this paragraph, and 
                annually thereafter, the Secretary of Homeland Security 
                shall submit a report to the Committee on Homeland 
                Security of the House of Representatives, the Committee 
                on Foreign Affairs of the House of Representatives, the 
                Committee on the Judiciary of the House of 
                Representatives, the Permanent Select Committee on 
                Intelligence of the House of Representatives, the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate, the Committee on Foreign Relations of 
                the Senate, the Select Committee on Intelligence of the 
                Senate, and the Committee on the Judiciary of the 
                Senate that describes each instance in which the 
                Secretary exercised the waiver authority under 
                subparagraph (C) during the previous year.''.
    (b) Requirements for Countries.--
            (1) Traveler screening and vetting.--Section 217(c)(2) of 
        the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)) is 
        amended--
                    (A) by redesignating subparagraphs (D), (E), and 
                (F) as subparagraphs (E), (F), and (G), respectively; 
                and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) Information sharing agreement.--The 
                government of the country, for travel requiring a 
                passport or other government-issued travel document, 
                screens travelers crossing the country's borders as 
                early in the vetting process as possible using 
                INTERPOL's Stolen and Lost Travel Documents databases 
                or other means designated by the Secretary of Homeland 
                Security to determine if travelers crossing the 
                country's borders are using stolen or lost travel 
                documents.''.
            (2) Reporting lost and stolen passports.--Section 
        217(c)(2)(E) of such Act, as redesignated by paragraph (1)(A), 
        is amended by striking ``within a strict time limit'' and 
        inserting ``not later than 24 hours after becoming aware of the 
        theft or loss''.
            (3) Implementation of passenger information exchange 
        agreement.--Section 217(c)(2)(G) of such Act, as redesignated 
        by paragraph (1)(A), is amended by inserting before the period 
        at the end the following: ``, and fully implements such 
        agreement''.
            (4) INTERPOL screening.--Section 217(c)(2) of such Act, as 
        amended by paragraphs (1) through (3), is further amended by 
        adding at the end the following:
                    ``(H) INTERPOL screening.--Not later than 270 days 
                after the date of the enactment of this subparagraph, 
                except in the case of a country in which there is not 
                an international airport, the government of the country 
                certifies to the Secretary of Homeland Security that, 
                to the maximum extent allowed under the laws of the 
                country, it is screening, for unlawful activity, each 
                person who is not a citizen or national of that country 
                who is admitted to or departs that country, by using 
                relevant databases and notices maintained by INTERPOL, 
                or other means designated by the Secretary of Homeland 
                Security. The requirement under this subparagraph shall 
                not apply to travel between countries within the 
                Schengen Zone.''.
    (c) Failure To Implement or Comply With Information Sharing 
Requirements.--
            (1) In general.--If the Secretary of Homeland Security, in 
        consultation with the Secretary of State, determines that a 
        Visa Waiver Program country has not complied with a requirement 
        under subparagraph (D), (E), (F), or (G) of section 217 of the 
        Immigration and Nationality Act (8 U.S.C. 1187), or any 
        additional requirement determined by the Secretary of Homeland 
        Security, the Secretary may terminate the participation of such 
        country in the Visa Waiver Program.
            (2) Redesignation.--The Secretary of Homeland Security, in 
        consultation with the Secretary of State, may redesignate a 
        terminated country as a Visa Waiver Program country if the 
        Secretary of Homeland Security determines that the government 
        of the country is complying with--
                    (A) all of the requirements set forth in subsection 
                (b), including the amendments made by subsection (b);
                    (B) the information sharing agreement required 
                under section 217 of the Immigration and Nationality 
                Act (8 U.S.C. 1187); and
                    (C) any additional program requirements determined 
                by the Secretary of Homeland Security.
            (3) Notification.--
                    (A) In general.--The Secretary of Homeland Security 
                shall notify Congress--
                            (i) of any former Visa Waiver Program 
                        country that has been terminated from 
                        participation in the Visa Waiver Program and 
                        the reasons for such termination; and
                            (ii) whether a country described in 
                        subparagraph (A) has been deemed eligible for 
                        redesignation as a Visa Waiver Program country, 
                        including the steps taken by the government of 
                        such country to qualify for participation in 
                        the Visa Waiver Program.
                    (B) Redesignation.--If Congress has not objected to 
                the redesignation of a country described in paragraph 
                (2) before the date that is 30 days after the 
                notification date under subparagraph (A), the Secretary 
                of Homeland Security may redesignate the country as a 
                Visa Waiver Program country.
    (d) Federal Air Marshal Agreement.--Section 217(c) of the 
Immigration and Nationality Act, as amended by subsection (b), is 
further amended--
            (1) in paragraph (2), by adding at the end the following:
                    ``(I) Federal air marshal agreement.--The 
                government of the country enters into, and complies 
                with, an agreement with the United States to assist in 
                the operation of an effective Air Marshal Program.
                    ``(J) Aviation standards.--The government of the 
                country complies with United States aviation and 
                airport security standards, as determined by the 
                Secretary of Homeland Security.''; and
            (2) in paragraph (9)--
                    (A) by striking subparagraph (B); and
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (B) and (C), respectively.
    (e) Electronic Passports.--
            (1) Compliance with international standards.--Not later 
        than October 1, 2016, the government of each Visa Waiver 
        Program country shall certify that the country issues to its 
        citizens machine-readable, electronic passports that comply 
        with the biometric and document identifying standards 
        established by the International Civil Aviation Organization.
            (2) Annual report.--Not later than 90 days after the date 
        of the enactment of this Act, and annually thereafter, the 
        Secretary of Homeland Security shall submit to Congress a list 
        of all the Visa Waiver Program countries whose governments have 
        certified the regular issuance of machine-readable electronic 
        passports to their citizens.
            (3) Possession of electronic passports.--Not later than 
        April 1, 2016, every citizen or national of a Visa Waiver 
        Program country who is cleared to travel to the United States 
        under the Electronic System for Travel Authorization shall 
        possess, at the time of admission, a valid, unexpired, tamper-
        resistant, machine-readable passport that incorporates 
        biometric and document authentication identifiers that comply 
        with the standards described in paragraph (1).
    (f) Capacity To Identify Dangerous Individuals.--Section 217(c) of 
the Immigration and Nationality Act, as amended by this section, is 
further amended--
            (1) in paragraph (3), by striking ``after the initial 
        period''; and
            (2) by amending paragraph (4) to read as follows:
            ``(4) Required security considerations for program 
        designation and continuation.--In determining whether a country 
        should be designated as a program country or whether a program 
        country should retain its designation as a program country, the 
        Secretary of Homeland Security shall consider whether the 
        government of the country--
                    ``(A) collects and analyzes the information 
                described in subsection (a)(10), including advance 
                passenger information and passenger name records, and 
                similar information pertaining to flights not bound for 
                the United States, to identify potentially dangerous 
                individuals who may attempt to travel to the United 
                States, and shares such information and the results of 
                such analyses with the Government of the United States;
                    ``(B) collects and analyzes biometric and other 
                information about individuals other than United States 
                nationals who are applying for asylum, refugee status, 
                or another form of non-refoulment protection in such 
                country, and shares such information and the results of 
                such analyses with the Government of the United States;
                    ``(C) shares intelligence about foreign fighters 
                with the United States and with multilateral 
                organizations, such as INTERPOL and EUROPOL; and
                    ``(D) has consistently cooperated with the 
                Government of the United States on counterterrorism 
                initiatives, information sharing, preventing terrorist 
                travel, and extradition to the United States of 
                individuals (including the country's own nationals) who 
                commit crimes that violate United States law before the 
                date of its designation as a program country, and 
                whether the Secretary of Homeland Security and the 
                Secretary of State believe that such cooperation is 
                likely to continue.''.
    (g) Reporting Requirements.--
            (1) In general.--Section 217(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1187(c)), as amended by this section, 
        is further amended--
                    (A) in paragraph (2)(C), by amending clause (iii) 
                to read as follows:
                            ``(iii) submits a written report to the 
                        Committee on the Judiciary of the House of 
                        Representatives, the Committee on Foreign 
                        Affairs of the House of Representatives, the 
                        Committee on Homeland Security of the House of 
                        Representatives, the Committee on the Judiciary 
                        of the Senate, the Committee on Foreign 
                        Relations of the Senate, and the Committee on 
                        Homeland Security and Governmental Affairs of 
                        the Senate regarding the country's 
                        qualification for designation that includes an 
                        explanation of such determination.''; and
                    (B) in paragraph (5)(A)(i)--
                            (i) by amending subclause (III) to read as 
                        follows:
                                    ``(III) shall submit a written 
                                report to the Committee on the 
                                Judiciary of the House of 
                                Representatives, the Committee on 
                                Foreign Affairs of the House of 
                                Representatives, the Committee on 
                                Homeland Security of the House of 
                                Representatives, the Permanent Select 
                                Committee on Intelligence of the House 
                                of Representatives, the Committee on 
                                the Judiciary of the Senate, the 
                                Committee on Foreign Relations of the 
                                Senate, the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate, and the Select Committee on 
                                Intelligence of the Senate regarding 
                                the continuation or termination of the 
                                country's designation that includes an 
                                explanation of such determination and 
                                the effects described in subclause 
                                (I);'';
                            (ii) in subclause (IV), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                                    ``(V) shall submit a report to the 
                                committees described in subclause (III) 
                                that includes an assessment of--
                                            ``(aa) the threat to the 
                                        national security of the United 
                                        States of the designation of 
                                        each country designated as a 
                                        program country;
                                            ``(bb) the compliance of 
                                        the government of each such 
                                        country with the requirements 
                                        under subparagraphs (D) and (F) 
                                        of paragraph (2); and
                                            ``(cc) each such 
                                        government's capacity to comply 
                                        with such requirements.''.
            (2) Date of submission of first report.--Not later than 90 
        days after the date of the enactment of this Act, the Secretary 
        of Homeland Security shall submit the first report described in 
        section 217(c)(5)(A)(i)(V) of the Immigration and Nationality 
        Act, as added by paragraph (1).
    (h) High Risk Program Countries.--Section 217(c) of the Immigration 
and Nationality Act (8 U.S.C. 1187(c)), as amended by this section, is 
further amended by adding at the end the following:
            ``(12) Designation of high risk program countries.--
                    ``(A) In general.--The Secretary of Homeland 
                Security, in consultation with the Director of National 
                Intelligence and the Secretary of State, shall 
                annually--
                            ``(i) evaluate program countries based on 
                        the criteria described in subparagraph (B); and
                            ``(ii) identify any program country from 
                        which the admission of nationals under the 
                        program would, in the Secretary's 
                        determination, present a high risk to the 
                        national security of the United States.
                    ``(B) Criteria.--The evaluation of each program 
                country under subparagraph (A)(i) shall include the 
                consideration of--
                            ``(i) the number of nationals of the 
                        country determined to be ineligible to travel 
                        to the United States under the program during 
                        the previous year;
                            ``(ii) the number of nationals of the 
                        country who were identified in United States 
                        Government databases related to the identities 
                        of known or suspected terrorists during the 
                        previous year;
                            ``(iii) the estimated number of nationals 
                        of the country who have traveled to Iraq or 
                        Syria at any time on or after March 1, 2011, to 
                        engage in terrorism;
                            ``(iv) the capacity of the country to 
                        combat passport fraud;
                            ``(v) the level of cooperation of the 
                        country with the counter-terrorism efforts of 
                        the United States;
                            ``(vi) the adequacy of the border and 
                        immigration control of the country; and
                            ``(vii) any other criteria that the 
                        Secretary of Homeland Security determines to be 
                        appropriate.
                    ``(C) Suspension of designation.--The Secretary of 
                Homeland Security, in consultation with the Secretary 
                of State, may suspend the designation of a program 
                country based on a determination under subparagraph 
                (A)(ii) that the country presents a high risk to the 
                national security of the United States until the 
                Secretary determines that the country no longer 
                presents such a risk.
                    ``(D) Report.--Not later than 60 days after the 
                date of the enactment of this paragraph, and annually 
                thereafter, the Secretary of Homeland Security, in 
                consultation with the Director of National Intelligence 
                and the Secretary of State, shall submit a report to 
                the Committee on the Judiciary of the House of 
                Representatives, the Committee on Foreign Affairs of 
                the House of Representatives, the Committee on Homeland 
                Security of the House of Representatives, the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives, the Committee on the Judiciary of the 
                Senate, the Committee on Foreign Relations of the 
                Senate, the Committee on Homeland Security and 
                Governmental Affairs of the Senate, and the Select 
                Committee on Intelligence of the Senate that includes 
                an evaluation and threat assessment of each country 
                determined to present a high risk to the national 
                security of the United States under subparagraph 
                (A).''.
    (i) Enhancements to the Electronic System for Travel 
Authorization.--
            (1) In general.--Section 217(h)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1187(h)(3)) is amended--
                    (A) in subparagraph (C)(i), by inserting ``or 
                shorten the period of eligibility under any such 
                determination'' after ``any such determination''; and
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) Fraud detection.--The Secretary of Homeland 
                Security shall research opportunities to incorporate 
                into the System technology that will detect and prevent 
                fraud and deception in the System.
                    ``(E) Additional and previous countries of 
                citizenship.--The Secretary of Homeland Security 
                shall--
                            ``(i) collect from each applicant for 
                        admission under this section information on any 
                        additional or previous countries of citizenship 
                        of such applicant; and
                            ``(ii) take any information collected under 
                        clause (i) into account when making 
                        determinations regarding the eligibility of the 
                        alien for admission under this section.
                    ``(F) Report on certain limitations on travel.--Not 
                later than 30 days after the date of the enactment of 
                this subparagraph and annually thereafter, the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of State, shall submit a report to the 
                Committee on the Judiciary of the House of 
                Representatives, the Committee on Foreign Affairs of 
                the House of Representatives, the Committee on Homeland 
                Security of the House of Representatives, the Committee 
                on the Judiciary of the Senate, the Committee on 
                Foreign Relations of the Senate, and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate that describes, for the reporting period--
                            ``(i) the number of individuals who were 
                        denied eligibility to travel under the program;
                            ``(ii) the number of individuals whose 
                        eligibility for travel under the program;
                            ``(iii) the number of individuals described 
                        in clause (i) or (ii) who were determined, 
                        under subsection (a)(6), to represent a threat 
                        to the national security of the United States; 
                        and
                            ``(iv) the country or countries of 
                        citizenship of each such individual described 
                        in clause (iii).''.
            (2) Report.--Not later than 30 days after the date of the 
        enactment of this Act, the Secretary of Homeland Security, in 
        consultation with the Secretary of State, shall submit a report 
        that describes steps to strengthen the electronic system for 
        travel authorization authorized under section 217(h)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1187(h)(3)) in 
        order--
                    (A) to better secure the international borders of 
                the United States; and
                    (B) to prevent terrorists and instruments of 
                terrorism from entering the United States.
    (j) Provision of Assistance to Nonprogram Countries.--The Secretary 
of Homeland Security, in consultation with the Secretary of State, 
shall provide risk-based assistance to each country that does not 
participate in the visa waiver program to assist each such country 
with--
            (1) submitting information to INTERPOL about the theft or 
        loss of passports of citizens or nationals of such country; and
            (2) issuing, and validating at the ports of entry of such 
        country, electronic passports that--
                    (A) are fraud-resistant;
                    (B) contain relevant biographic and biometric 
                information (as determined by the Secretary of Homeland 
                Security); and
                    (C) otherwise satisfy internationally accepted 
                standards for electronic passports.
    (k) Clerical Amendments.--
            (1) Secretary of homeland security.--Section 217 of the 
        Immigration and Nationality Act (8 U.S.C. 1187), as amended by 
        this section, is further amended by striking ``Attorney 
        General'' each place such term appears (except in subsection 
        (c)(11)(B)) and inserting ``Secretary of Homeland Security''.
            (2) Electronic system for travel authorization.--Section 
        217 of the Immigration and Nationality Act (8 U.S.C. 1187), as 
        amended this section, is further amended--
                    (A) in subsection (a)(11), by striking ``electronic 
                travel authorization system'' from the paragraph 
                heading and inserting ``electronic system for travel 
                authorization'';
                    (B) in subsection (h)(3)--
                            (i) by striking ``electronic travel 
                        authorization system'' from the paragraph 
                        heading and inserting ``electronic system for 
                        travel authorization''; and
                            (ii) by striking ``the alien'' and 
                        inserting ``an alien''; and
                    (C) by striking ``electronic travel authorization 
                system'' each place such term appears and inserting 
                ``electronic system for travel authorization'';
    (l) Sense of Congress.--It is the sense of Congress that--
            (1) the International Civil Aviation Organization, which is 
        the specialized agency of the United Nations responsible for 
        establishing international standards, specifications, and best 
        practices relating to the administration and governance of 
        border controls and inspection formalities, should--
                    (A) establish standards for the introduction of 
                electronic passports (referred to in this subsection as 
                ``e-passports''); and
                    (B) obligate member countries to utilize e-
                passports as soon as possible; and
            (2) e-passports should be a combined paper and electronic 
        passport that contains biographic and biometric information 
        that can be used to authenticate the identity of travelers 
        through an embedded chip.

SEC. 7. PRIORITIZING SPECIAL IMMIGRANT VISAS FOR IRAQI AND AFGHAN 
              TRANSLATORS.

    In allocating the resources of the Department of State, the 
Secretary of State shall prioritize the issuance of special immigrant 
visas authorized under--
            (1) section 1059 of the National Defense Authorization Act 
        for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note);
            (2) section 1244 of the Refugee Crisis in Iraq Act of 2007 
        (8 U.S.C. 1157 note); and
            (3) section 602 of the Afghan Allies Protection Act of 2009 
        (8 U.S.C. 1101 note).
                                 <all>