[Congressional Record Volume 161, Number 175 (Thursday, December 3, 2015)]
[Senate]
[Pages S8390-S8392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2899. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 2874 proposed by Mr. McConnell to the bill H.R. 3762, to
provide for reconciliation pursuant to section 2002 of the concurrent
resolution on the budget for fiscal year 2016; as follows:
At the end of the amendment, add the following:
TITLE III--HOMELAND SECURITY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Stop Extremists Coming
Under Refugee Entry Act'' or the ``SECURE Act''.
SEC. 302. 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 303; 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 (8 U.S.C. 1157 and 1158)
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 (8 U.S.C. 1157 and 1158) who--
(i) have not yet participated in the enhanced screening
process required under section 303(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.
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(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. 303. 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 title, 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 title.
(4) Rule of construction.--Nothing in this title 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. 304. 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 302(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 (1) have been made,
Congress may enact a law, based on the information provided,
to lift the moratorium described in subsection (a).
SEC. 305. 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 304(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
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(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 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 title, or in the
amendments made by this title, 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. 306. 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. 307. 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 from
a Federal means-tested benefit program listed 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 subsection 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).
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