[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.''.
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