[Congressional Record Volume 168, Number 152 (Wednesday, September 21, 2022)]
[Senate]
[Pages S4927-S4928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5539. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. GOLDEN VISA TRANSPARENCY.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on the Judiciary of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Select Committee on Intelligence of the Senate;
       (E) the Committee on Homeland Security of the House of 
     Representatives;
       (F) the Committee on the Judiciary of the House of 
     Representatives;
       (G) the Committee on Appropriations of the House of 
     Representatives; and
       (H) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) Covered contribution.--The term ``covered 
     contribution'' means--
       (A) a monetary donation to, investment in, or any other 
     form of direct or indirect capital transfer, including 
     through the purchase or rental of real estate, to--
       (i) the government of a foreign country; or
       (ii) any person, business, or entity in such a foreign 
     country; and
       (B) a donation to, or endowment of, any activity 
     contributing to the public good in such a foreign country.
       (3) Golden visa program.--The term ``golden visa program'' 
     means an immigration, investment, or other program of a 
     foreign country that, in exchange for a covered contribution 
     authorizes the individual making the covered contribution to 
     acquire citizenship in such country or receive any other 
     immigration benefit in the foreign country, including 
     temporary or permanent residence that may serve as the basis 
     for subsequent naturalization.
       (4) Visa waiver program.--The term ``visa waiver program'' 
     means the program authorized under section 217 of the 
     Immigration and Nationality Act (8 U.S.C. 1187).
       (b) Notification Requirement for Visa Waiver Program 
     Participant Countries That Operate Golden Visa Programs.--
       (1) In general.--As a condition of continued participation 
     in the visa waiver program, each foreign country 
     participating in the visa waiver program that operates a 
     golden visa program shall--
       (A) not later than 90 days after the date of the enactment 
     of this Act, provide to the Secretary of Homeland Security a 
     description of the laws, regulations, and policies governing 
     the golden visa program of the country, including, as 
     applicable, such laws, regulations, and policies relating 
     to--
       (i) the physical presence of the golden visa program 
     applicant in the country;
       (ii) residence requirements;
       (iii) covered contribution requirements;
       (iv) security and background check procedures for 
     applicants and intermediaries;
       (v) risk management practices or measures, control systems, 
     and oversight mechanisms;
       (vi) information sharing with other foreign countries 
     regarding application rejections;
       (vii) anti-money laundering measures; and
       (viii) information sharing with the tax residence of the 
     applicant; and
       (B) not later than 90 days after the date of the enactment 
     of this Act, provide notice to the Secretary of Homeland 
     Security and the Secretary of State of the name of each 
     individual to whom the foreign country has ever provided 
     citizenship, residence, or any other immigration benefit 
     through such golden visa program before the date of the first 
     such notice;
       (C) promptly provide notice to the Secretary of Homeland 
     Security and the Secretary of State of the name of each 
     individual to whom the foreign country provides citizenship, 
     residence, or any other immigration benefit through such 
     golden visa program after the date of the first such notice; 
     and
       (D) with respect to each such individual, details 
     regarding--
       (i) any identity assumed by the individual before the 
     individual applied for such golden visa program; and
       (ii) any identity the individual has assumed since 
     receiving such immigration benefit.
       (2) Effect of noncompliance.--The Secretary of Homeland 
     shall suspend from participation in the visa waiver program 
     any foreign country described in paragraph (1) that does not 
     comply with such paragraph.
       (3) Procedures to ensure sanctioned individuals are not 
     admitted or paroled into the united states.--The Secretary of 
     Homeland Security and the Secretary of State, in consultation 
     with the Secretary of the Treasury, the Director of the 
     Federal Bureau of Investigation, and the Director of National 
     Intelligence, shall develop procedures to ensure that an 
     individual whose entry into the United States has been 
     prohibited pursuant to sanctions imposed by the United States 
     Government and who has received an immigration benefit 
     through a foreign country's golden visa program is not 
     admitted or paroled into the United States as a national of 
     such foreign country.
       (4) Annual report.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and at the beginning of each 
     fiscal year thereafter, the Secretary of Homeland Security, 
     the Secretary of State, the Secretary of the Treasury, and 
     the Director of National Intelligence shall jointly submit to 
     the appropriate committees of Congress a report that--
       (i) with respect to each visa waiver program participant 
     country that operates a golden visa program, describes the 
     laws, regulations, and policies governing the golden visa 
     program including, as applicable, such laws, regulations, and 
     policies with respect to--

       (I) the physical presence of the golden visa program 
     applicant in the country;
       (II) residence requirements;
       (III) covered contribution requirements;
       (IV) security and background check procedures for 
     applicants and intermediaries;
       (V) risk management practices or measures, control systems, 
     and oversight mechanisms;
       (VI) information sharing with other foreign countries 
     regarding application rejections;
       (VII) anti-money laundering measures; and
       (VIII) information sharing with the tax residence of an 
     applicant;

       (ii) includes the number of individuals whose entry into 
     the United States has been prohibited pursuant to sanctions 
     imposed by the United States Government and who have received 
     an immigration benefit pursuant to

[[Page S4928]]

     a golden visa program of a visa waiver program country, 
     disaggregated by country that granted such benefit;
       (iii) with respect to each such individual, a description 
     of the specific type of sanction to which the individual is 
     subject;
       (iv) describes the procedures developed and implemented 
     pursuant to paragraph (3); and
       (v) includes an intelligence assessment of national 
     security and criminal threats posed by the use of golden visa 
     programs by foreign nationals and by United States citizens.
       (B) Form.--Each report required under subparagraph (A) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (c) Modifications to Visa Waiver Program.--Section 217(c) 
     of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is 
     amended--
       (1) in paragraph (2), by adding at the end the following:
       ``(H) Operation of golden visa program.--Not later than 90 
     days after the date of the enactment of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023, no 
     country that operates a golden visa program may be designated 
     as a program country unless the country submits, as a 
     condition of its participation, the information described in 
     section 1077(b)(1) of such Act.'';
       (2) in paragraph (5)--
       (A) in subparagraph (A)(i)--
       (i) in subclause (IV), by striking ``; and'' and inserting 
     a semicolon;
       (ii) by redesignating subclause (V) as subclause (VI); and
       (iii) by inserting after subclause (IV) the following:

       ``(V) shall evaluate whether the program country operates a 
     golden visa program and, as applicable, whether the program 
     country has complied with the requirements of the James M. 
     Inhofe National Defense Authorization Act for Fiscal Year 
     2023; and'';

       (B) by redesignating subparagraph (C) as subparagraph (D);
       (C) by inserting after subparagraph (B) the following:
       ``(C) Terminations relating to golden visa programs.--
       ``(i) In general.--The Secretary of Homeland Security shall 
     immediately terminate the designation of a program country if 
     the country--

       ``(I) establishes a golden visa program (or in the case of 
     a program country with an existing golden visa program, 
     modifies the golden visa program or the terms and conditions 
     of the golden visa program) without providing to the 
     Secretary the information described in section 1077(b)(1) of 
     the James M. Inhofe National Defense Authorization Act for 
     Fiscal Year 2023;
       ``(II) refuses to provide such information; or
       ``(III) provides such information but the information is of 
     insufficient quality, as determined by the Secretary.

       ``(ii) Redesignation.--With respect to a country the 
     designation of which has been terminated under this 
     subparagraph, the Secretary of Homeland Security may 
     redesignate the country as a program country, without regard 
     to subsection (f) or paragraph (2) or (3), if the Secretary 
     of Homeland Security, in consultation with the Secretary of 
     State, determines that--

       ``(I) the country--

       ``(aa) has resumed sharing the information described in 
     section 1077(b)(1) of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023; and
       ``(bb) has shared such information that was withheld before 
     the date of termination and such information that has 
     accumulated since that date; and

       ``(II) the quality of such information is sufficient, as 
     determined by the Secretary of Homeland Security.''; and

       (D) in subparagraph (D)(i), as redesignated, by striking 
     ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), 
     (B), or (C)''; and
       (3) in paragraph (11)(C)--
       (A) in clause (iv), by striking ``; and'' and inserting a 
     semicolon;
       (B) in clause (v), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vi) with respect to a subject country that operates a 
     golden visa program--

       ``(I) an assessment of any threat posed by the golden visa 
     program;
       ``(II) recommendations to mitigate any such threat; and
       ``(III) an assessment of the quality of the subject 
     country's information sharing relating to the golden visa 
     program.''; and

       (4) by adding at the end the following:
       ``(13) Definition of golden visa program.--In this 
     subsection, the term `golden visa program' has the meaning 
     given such term in section 1077(a) of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023.''.
                                 ______