[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3397-S3398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6231. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4784, to authorize appropriations for fiscal year
2027 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. 1094. ELECTRONIC VISA UPDATE SYSTEM.
(a) In General.--The Secretary shall operate and maintain
the electronic visa update system established under the final
rule of the Department of Homeland Security entitled
``Establishment of the Electronic Visa Update System (EVUS)''
(81 Fed. Reg. 203 (October 20, 2016)) (referred to in this
section as the ``System'') for the purpose of collecting from
each designated alien such biographical, travel, and other
information as the Secretary considers necessary.
(b) Designation of Nonimmigrant Categories.--
(1) In general.--The Secretary shall designate 1 or more
nonimmigrant categories the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.) for purposes of participation in the
System by designated aliens.
(2) Criteria.--In determining whether to designate a
nonimmigrant category under paragraph (1), the Secretary
shall take into consideration the following:
(A) The rate by which nonimmigrants in such category
overstay their visas.
(B) The rate by which nonimmigrants in such category comply
with the requirements of their visas.
(C) The national security interests and public safety of
the United States.
(3) Notice.--On designation of a nonimmigrant category
under this subsection, the Secretary shall publish notice of
the designation in the Federal Register.
(c) Designation of Countries.--
(1) In general.--The Secretary, in consultation with the
Secretary of State, shall designate 1 or more countries for
purposes of participation in the System by designated aliens
if such country--
(A) has a visa overstay rate that exceeds the rate
established pursuant to subparagraph (C) of section 217(c)(8)
of the Immigration and Nationality Act (8 U.S.C. 1187(c)(8))
or a visa refusal rate that exceeds the criteria described in
subparagraph (A) of that section; and
(B) is not a member of the visa waiver program under
section 217 of the Immigration and Nationality Act (8 U.S.C.
1187).
(2) Considerations.--In determining whether to designate a
country under paragraph (1), the Secretary shall take into
consideration the following:
(A) The number and validity period of United States visas
issued to nationals of such country.
(B) Any public safety or national security threat posed by
nationals of such country to the United States.
(C) With respect to citizens of the United States who are
present in such country pursuant to nonimmigrant visas, or
the equivalent, issued by such country, any requirement that
such citizens share biographical, travel, or other
information with the government of such country.
(D) With respect to nationals of such country who have been
ordered removed from the United States, the number of such
nationals such country has refused to accept or with respect
to whom has unreasonably delayed the return.
(3) Publication.--On designation of a country under this
subsection, the Secretary shall publish notice of the
designation in the Federal Register.
(d) Required Use of System.--
(1) In general.--Subject to paragraph (6), a designated
alien shall--
(A) not later than 5 days after the date on which a
nonimmigrant visa is issued to the designated alien, enroll
in the System; and
(B) not more frequently than every 180 days, as required by
the Secretary, submit to the System--
(i) such biographical, travel, and other information as the
Secretary may reasonably require; and
(ii) a copy of the designated alien's passport or other
government-issued document establishing the citizenship or
nationality of the designated alien.
(2) Other submissions.--Notwithstanding paragraph (1)(B),
the Secretary may, at any time, require a designated alien to
submit the items described in clauses (i) and (ii) of that
paragraph if the Secretary determines that such submission is
required due to the discovery of new derogatory information
regarding such designated alien or if the submission of such
items is in the national security interests of the United
States.
(3) Publication.--The Secretary shall publish in the
Federal Register notice of--
(A) the requirements for the submission of information
under paragraph (1), including--
(i) associated timelines; and
(ii) a list of circumstances in which a designated alien
shall be required to update information in the System; and
(B) any updates to such requirements.
(4) Notice of compliance.--
(A) In general.--In the case of a designated alien who has
complied with paragraph (1)(A), the Secretary shall ensure
that, not less than 72 hours after the time at which the
designated alien so complied, the designated alien receives a
confirmation of compliance.
(B) Regulations.--The Secretary shall establish, by
regulation, procedures requiring a designated alien to timely
submit to a carrier traveling to the United States a notice
of compliance before the designated alien may board the
carrier.
(5) Effect of noncompliance.--
(A) In general.--Not later than 15 days after making a
finding of noncompliance, the Secretary shall issue a notice
of noncompliance to, and revoke the visa of, a designated
alien who--
(i) fails to comply with paragraph (1), except to the
extent provided in subparagraph (B)(i);
(ii) submits fraudulent information under that paragraph;
or
[[Page S3398]]
(iii) remains in the United States after the date on which
the designated alien's period of authorized stay or visa
validity period has expired.
(B) Submission of inaccurate information.--
(i) In general.--In the case of a designated alien who is
issued a notice of noncompliance under subparagraph (A)(i)
due to submission of inaccurate information--
(I) the Secretary shall--
(aa) issue to the designated alien a notice of
noncompliance;
(bb) revoke the visa of the designated alien; and
(cc) provide the designated alien with an opportunity to
correct the inaccurate information; and
(II) not later than 14 days after the date of issuance of
the notice of noncompliance, the designated alien may correct
the inaccurate information concerned.
(ii) Rescission of revocation.--The Secretary may rescind a
revocation under clause (i) if the designated alien corrects,
to the satisfaction of the Secretary, the inaccurate
information submitted to the System.
(6) Transition period.--In the case of an alien admitted to
the United States in a nonimmigrant category that is
subsequently designated under subsection (b) after the
alien's date of admission or in the case of an alien admitted
to the United States in a nonimmigrant category designated
under subsection (b) who holds a passport from a country that
is subsequently designated under subsection (c) after the
alien's date of admission, such alien shall enroll in the
System not later than the earlier of--
(A) the date that is 60 days after the date of the
applicable designation; or
(B) 5 days after the date on which half of the alien's
period of authorized stay remains.
(e) Fees.--
(1) In general.--The Secretary shall--
(A) charge designated aliens a fee for the use of the
System; and
(B) not later than 180 days after the date of the enactment
of this Act, commence assessment and collection of such fee.
(2) Amount.--
(A) In general.--The fee charged under paragraph (1) shall
be not less than $10.00 for each use of the System.
(B) Adjustment.--The Secretary--
(i) may adjust such fee to ensure recovery of the full
direct costs to the Department of Homeland Security of
operating and maintaining the System; and
(ii) not less than 30 days before the effective date of any
such adjustment, shall publish in the Federal Register notice
of the adjustment.
(3) Account for collections.--Notwithstanding any other
provision of law, there is established in the Treasury of the
United States a separate account, to be known as the
``Electronic Visa Update System Account'', into which amounts
collected under this subsection shall be deposited and made
exclusively available for expenses incurred by the Department
of Homeland Security in carrying out this section. Amounts so
credited shall remain available until expended, without
fiscal year limitation, and shall be available in addition to
any other appropriated funds.
(f) Reports.--
(1) Initial report.--Not later than 30 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress a report that contains
the following:
(A) The number of aliens who have received a notification
of compliance under the final rule of the Department of
Homeland Security entitled ``Establishment of the Electronic
Visa Update System (EVUS)'' (81 Fed. Reg. 203 (October 20,
2016)) since the date on which such final rule was issued.
(B) The number of aliens who have received a notification
of noncompliance under such final rule.
(C) The number of aliens who received such a notification
of noncompliance but whose visa was not revoked.
(D) The number of aliens who--
(i) received such a notification of noncompliance; but
(ii) were permitted to board a carrier traveling to the
United States or were admitted to the United States.
(E) The number of aliens subject to such final rule who did
not timely depart the United States on or before the date on
which their period of authorized stay or visa validity period
expires.
(2) Annual report.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report that contains, for each of the most recent
5 fiscal years, the following:
(A) An identification of the countries and nonimmigrant
visa categories that have been designated under this section.
(B) The number of designated aliens who have received a
notification of compliance under this section.
(C) The number of designated aliens who have received a
notification of noncompliance under this section.
(D) The number of designated aliens who have received such
a notification of noncompliance but whose visa was not
revoked.
(E) The number of designated aliens who--
(i) have received such a notification of noncompliance; but
(ii) were permitted to board a carrier traveling to the
United States or were admitted to the United States.
(F) The number of designated aliens who did not timely
depart the United States on or before the date on which their
period of authorized stay or visa validity period expires.
(g) Rule of Construction.--Nothing in this section may be
construed as affecting Department of Homeland Security or
Department of State regulations relating to the System that
is in effect as of the date of the enactment of this Act.
(h) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided,
any term used in this section that is used in the immigration
laws shall have the meaning given such term in the
immigration laws.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Homeland Security, the Committee on
Oversight and Accountability, the Committee on the Judiciary,
the Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.
(3) Designated alien.--The term ``designated alien'' means
an alien who--
(A) has been issued a visa for admission to the United
States as a nonimmigrant in a nonimmigrant category
designated by the Secretary under subsection (b); or
(B) holds a passport, issued by a country designated under
subsection (c), that contains such a visa.
(4) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
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