[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4874 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4874

   To improve the U.S. Immigration and Customs Enforcement Homeland 
Security Investigations' Visa Security Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 26 (legislative day, October 19), 2020

Ms. Hassan (for herself and Mr. Johnson) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To improve the U.S. Immigration and Customs Enforcement Homeland 
Security Investigations' Visa Security 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 ``Visa Security Expansion Act''.

SEC. 2. VISA SECURITY.

    (a) Visa Security Presence at High-Risk Posts.--Section 428 of the 
Homeland Security Act of 2002 (6 U.S.C. 236) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Definitions.--In this section:
            ``(1) Consular officer.--The term `consular officer' has 
        the meaning given such term under section 101(a)(9) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(9)).
            ``(2) Risk-based assignment.--The term `risk-based 
        assignment' means the assignment of visa security presence at a 
        diplomatic or consular post based on relative need, according 
        to the site selection criteria described in subsection 
        (e)(1)(B)(iii).
            ``(3) Visa security presence.--The term `visa security 
        presence' means enhanced security at a diplomatic or consular 
        post using any method described in subsection (e)(1)(B)(iv).''; 
        and
            (2) in subsection (e)(1)--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
                    ``(A) Authorization.--The Secretary''; and
                    (B) by adding at the end the following:
                    ``(B) Risk-based assignments.--
                            ``(i) In general.--During the 10-year 
                        period beginning on the date of the enactment 
                        of the Visa Security Expansion Act, the 
                        Secretary shall make annual risk-based 
                        assignments to provide visa security presence 
                        at not fewer than 2 additional diplomatic and 
                        consular posts at which visas are issued.
                            ``(ii) Limitation.--The total number of 
                        embassies or consulates with visa security 
                        presence during the period specified in clause 
                        (i) may not exceed 75, unless the Secretary 
                        certifies that exceeding this limit is 
                        necessary to respond to an imminent national 
                        security threat.
                            ``(iii) Site selection criteria.--The 
                        criteria for site selection described in this 
                        clause are--
                                    ``(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 during the previous year as 
                                a known or suspected terrorist in a 
                                United States Government database;
                                    ``(II) the level of cooperation 
                                given by the government of such country 
                                to assist with the counterterrorism 
                                efforts of the United States;
                                    ``(III) information analyzing the 
                                presence, activity, or movement of 
                                terrorist organizations (as 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) information analyzing 
                                Security Advisory Opinions issued by 
                                the Security Advisory Opinion Unit 
                                regarding nationals of a country in 
                                which any of the diplomatic and 
                                consular posts referred to in clause 
                                (i) are located;
                                    ``(V) information analyzing the 
                                adequacy of the border and immigration 
                                controls of such country; and
                                    ``(VI) any other criteria the 
                                Secretary determines appropriate.
                            ``(iv) Visa security presence.--
                                    ``(I) In general.--The visa 
                                security presence required under clause 
                                (i) may be achieved primarily by 
                                assigning trained Department visa 
                                security agents to a selected embassy 
                                or consulate, provided that the 
                                Department issues a report to Congress 
                                explaining why the placement of visa 
                                security agents is the most cost 
                                effective means for achieving a visa 
                                security presence at the embassy or 
                                consulate.
                                    ``(II) Alternate visa security 
                                presence.--If the Secretary is unable 
                                to justify the placement of visa 
                                security agents under subclause (I), 
                                the visa security presence required 
                                under clause (i) may be achieved by 
                                assigning a regional visa security 
                                agent from the Department who will 
                                travel to conduct in-person vetting for 
                                high priority applications.''.
    (b) Counterterrorism Vetting and Screening.--Section 428(e)(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 236(e)(2)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) Screen any such applications against the 
                appropriate criminal, national security, and terrorism 
                databases maintained by the Federal Government.''.
    (c) Training and Hiring.--Section 428(e)(6)(A) of the Homeland 
Security Act of 2002 (6 U.S.C. 236(e)(6)(A)) is amended--
            (1) by striking ``The Secretary shall ensure, to the extent 
        possible, that any employees'' and inserting ``The Secretary, 
        acting through the appropriate official, shall provide training 
        to any employees''; and
            (2) by striking ``shall be provided the necessary 
        training''.
    (d) Interagency Cooperation.--
            (1) Space and resources.--Upon the selection of a post by 
        the Secretary of Homeland Security to provide visa security 
        presence (as defined in section 428(a)(3) of the Homeland 
        Security Act of 2002, as added by subsection (a)(1)), the 
        Secretary of State shall ensure, to the extent practicable, 
        that visa security units are provided with sufficient space and 
        resources within the post to carry out the functions described 
        in section 428(e) of such Act (6 U.S.C. 236(e)).
            (2) Report to congress.--If the Secretary of State is 
        unable to provide sufficient space and resources for a post 
        selected by the Secretary of Homeland Security in accordance 
        with paragraph (1), the Secretary of State shall submit a 
        report to Congress that details the reasons it would be 
        impracticable to provide such space and resources.

SEC. 3. METRICS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
a report to Congress and to the Comptroller General of the United 
States that outlines the performance measurement process established 
pursuant to subsection (b) by which the Department of Homeland Security 
shall evaluate the performance of the visa security units.
    (b) Establishment of Performance Measurement Process.--The 
Secretary of Homeland Security shall establish and continue to use a 
performance measurement process for the Visa Security Program, which 
shall include--
            (1) using objective and quantifiable performance metrics 
        and targets;
            (2) collecting and analyzing data to determine whether 
        targeted levels of performance have been achieved;
            (3) taking actions to address gaps between desired and 
        actual performance; and
            (4) updating or revising performance metrics, as necessary.
    (c) GAO Review.--Not later than 120 days after the receipt of the 
report required under subsection (a), the Comptroller General of the 
United States shall submit a report to Congress containing the results 
of its review of the validity and reliability of the performance 
measurement process established by the Department of Homeland Security 
to evaluate the performance of the visa security units.

SEC. 4. VISA SECURITY FEE.

    (a) In General.--After submitting the report required under section 
3(a), the Secretary of State, in coordination with the Secretary of 
Homeland Security, shall--
            (1) establish a security fee to be paid with all 
        nonimmigrant visas applications; and
            (2) use the security fee established pursuant to paragraph 
        (1) to offset the operating costs of--
                    (A) expanding the establishment of visa security 
                presence at additional posts; and
                    (B) at the discretion of the Secretaries, existing 
                visa security units.
    (b) Fee Administration.--The Secretary of State, in consultation 
with the Secretary of Homeland Security, shall--
            (1) charge the fee required under subsection (a) in support 
        of the Immigration and Customs Enforcement Visa Security 
        Program;
            (2) initially deposit such fees into the Consular Border 
        Security Program Account or into another account of the 
        Department of State; and
            (3) regularly transfer the amounts deposited pursuant to 
        paragraph (2) into the Immigration Examinations Fee Account 
        established under section 286(m) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(m)).

SEC. 5. ANNUAL REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter until December 31, 2030, 
the Secretary of Homeland Security, in coordination with the Secretary 
of State, shall submit a law enforcement sensitive report to Congress 
on the security of the nonimmigrant visa screening process for each 
post at which Department of Homeland Security visa security personnel 
are not assigned.
    (b) Contents.--The report submitted pursuant to subsection (a) 
shall include--
            (1) the identification by the consular or diplomatic post 
        of the methods most commonly used by criminals, terrorist, and 
        others to attempt to exploit the nonimmigrant visa process to 
        enter the United States;
            (2) the process used by the post to interdict criminals, 
        terrorists, and others who would exploit the nonimmigrant visa 
        process to enter the United States;
            (3) a description of the counterterrorism and counterfraud 
        training provided by the consular and diplomatic post to visa 
        adjudication officers;
            (4) the number of personnel at the post trained as 
        immigration law enforcement officers who regularly conduct in 
        person interviews with visa applicants;
            (5) the annual number of nominations to the terrorism watch 
        list or modifications to terrorism watch list entries made by 
        personnel at the post in charge of nonimmigrant visa 
        adjudications;
            (6) the number of nonimmigrant visas refused in the past 
        year on the basis of derogatory information that indicates the 
        applicant is a potential terrorist threat; and
            (7) the steps the post will take to improve nonimmigrant 
        visa adjudication and visa screening during the following 5 
        years.
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