H. Rept. 115-273 - STRONG VISA INTEGRITY SECURES AMERICA ACT115th Congress (2017-2018)
Committee Report
Hide Overview| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.2626 |
| Committees: |
Report text available as:
- TXT
- PDF (PDF provides a complete and accurate display of this text.) Tip ?
115th Congress } { Rept. 115-273
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
STRONG VISA INTEGRITY SECURES AMERICA ACT
_______
August 8, 2017.--Ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 2626]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2626) to amend the Homeland Security Act of 2002
and the Immigration and Nationality Act to improve visa
security, visa applicant vetting, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 5
Hearings......................................................... 6
Committee Consideration.......................................... 6
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 7
New Budget Authority, Entitlement Authority, and Tax Expenditures 7
Congressional Budget Office Estimate............................. 7
Statement of General Performance Goals and Objectives............ 7
Duplicative Federal Programs..................................... 8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Federal Mandates Statement....................................... 8
Preemption Clarification......................................... 8
Disclosure of Directed Rule Makings.............................. 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 12
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strong Visa Integrity Secures America
Act''.
SEC. 2. VISA SECURITY.
(a) Visa Security Units at High Risk Posts.--Paragraph (1) of section
428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)) is
amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) Authorization.--Subject to the minimum number
specified in subparagraph (B), the Secretary''; and
(2) by adding at the end the following new subparagraph:
``(B) Risk-based assignments.--
``(i) In general.--In carrying out
subparagraph (A), the Secretary shall assign,
in a risk-based manner, and considering the
criteria described in clause (ii), employees of
the Department to not fewer than 50 diplomatic
and consular posts at which visas are issued.
``(ii) Criteria described.--The criteria
referred to in clause (i) are the following:
``(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 in United States Government
databases related to the identities of
known or suspected terrorists during
the previous year.
``(II) Information on the cooperation
of such country with the
counterterrorism efforts of the United
States.
``(III) Information analyzing the
presence, activity, or movement of
terrorist organizations (as such term
is 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) The number of formal
objections based on derogatory
information issued by the Visa Security
Advisory Opinion Unit pursuant to
paragraph (10) regarding nationals of a
country in which any of the diplomatic
and consular posts referred to in
clause (i) are located.
``(V) The adequacy of the border and
immigration control of such country.
``(VI) Any other criteria the
Secretary determines appropriate.
``(iii) Rule of construction.--The assignment
of employees of the Department pursuant to this
subparagraph is solely the authority of the
Secretary and may not be altered or rejected by
the Secretary of State.''.
(b) Counterterror Vetting and Screening.--Paragraph (2) of section
428(e) of the Homeland Security Act of 2002 is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Screen any such applications against the
appropriate criminal, national security, and terrorism
databases maintained by the Federal Government.''.
(c) Training and Hiring.--Subparagraph (A) of section 428(e)(6) of
the Homeland Security Act of 2002 is amended by--
(1) striking ``The Secretary shall ensure, to the extent
possible, that any employees'' and inserting ``The Secretary,
acting through the Commissioner of U.S. Customs and Border
Protection and the Director of U.S. Immigration and Customs
Enforcement, shall provide training to any employees''; and
(2) striking ``shall be provided the necessary training''.
(d) Pre-Adjudicated Visa Security Assistance and Visa Security
Advisory Opinion Unit.--Subsection (e) of section 428 of the Homeland
Security Act of 2002 is amended by adding at the end the following new
paragraphs:
``(9) Remote pre-adjudicated visa security assistance.--At
the visa-issuing posts at which employees of the Department are
not assigned pursuant to paragraph (1), the Secretary shall, in
a risk-based manner, assign employees of the Department to
remotely perform the functions required under paragraph (2) at
not fewer than 50 of such posts.
``(10) Visa security advisory opinion unit.--The Secretary
shall establish within U.S. Immigration and Customs Enforcement
a Visa Security Advisory Opinion Unit to respond to requests
from the Secretary of State to conduct a visa security review
using information maintained by the Department on visa
applicants, including terrorism association, criminal history,
counter-proliferation, and other relevant factors, as
determined by the Secretary.''.
(e) Deadlines.--The requirements established under paragraphs (1) and
(9) of section 428(e) of the Homeland Security Act of 2002 (6 U.S.C.
236(e)), as amended and added by this Act, respectively, shall be
implemented not later than three years after the date of the enactment
of this Act.
SEC. 3. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
(a) In General.--Subtitle B of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new sections:
``SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
``(a) In General.--Not later than one year after the date of the
enactment of this section, the Commissioner of U.S. Customs and Border
Protection shall--
``(1) screen electronic passports at airports of entry by
reading each such passport's embedded chip; and
``(2) to the greatest extent practicable, utilize facial
recognition technology or other biometric technology, as
determined by the Commissioner, to inspect travelers at United
States airports of entry.
``(b) Applicability.--
``(1) Electronic passport screening.--Paragraph (1) of
subsection (a) shall apply to passports belonging to
individuals who are United States citizens, individuals who are
nationals of a program country pursuant to section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), and
individuals who are nationals of any other foreign country that
issues electronic passports.
``(2) Facial recognition matching.--Paragraph (2) of
subsection (a) shall apply, at a minimum, to individuals who
are nationals of a program country pursuant to section 217 of
the Immigration and Nationality Act.
``(c) Annual Report.--The Commissioner of U.S. Customs and Border
Protection, in collaboration with the Chief Privacy Officer of the
Department, shall issue to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an annual report through fiscal year
2021 on the utilization of facial recognition technology and other
biometric technology pursuant to subsection (a)(2). Each such report
shall include information on the type of technology used at each
airport of entry, the number of individuals who were subject to
inspection using either of such technologies at each airport of entry,
and within the group of individuals subject to such inspection at each
airport, the number of those individuals who were United States
citizens and legal permanent residents. Each such report shall provide
information on the disposition of data collected during the year
covered by such report, together with information on protocols for the
management of collected biometric data, including timeframes and
criteria for storing, erasing, destroying, or otherwise removing such
data from databases utilized by the Department.
``SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER
PROTECTION.
``The Commissioner of U.S. Customs and Border Protection shall, in a
risk based manner, continuously screen individuals issued any visa, and
individuals who are nationals of a program country pursuant to section
217 of the Immigration and Nationality Act (8 U.S.C. 1187), who are
present, or are expected to arrive within 30 days, in the United
States, against the appropriate criminal, national security, and
terrorism databases maintained by the Federal Government.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 419 the following new items:
``Sec. 420. Electronic passport screening and biometric matching.
``Sec. 420A. Continuous screening by U.S. Customs and Border
Protection.''.
SEC. 4. REPORTING OF VISA OVERSTAYS.
Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended--
(1) in subsection (a)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting before the period at the end the
following: ``, and any additional information that the
Secretary determines necessary for purposes of the
report under subsection (b)''; and
(2) by amending subsection (b) to read as follows:
``(b) Annual Report.--Not later than June 30, 2018, and not later
than June 30 of each year thereafter, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security and the
Committee on the Judiciary of the House of Representatives and to the
Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a report providing, for the
preceding fiscal year, numerical estimates (including information on
the methodology utilized to develop such numerical estimates) of--
``(1) for each country, the number of aliens from the country
who are described in subsection (a), including--
``(A) the total number of such aliens within all
classes of nonimmigrant aliens described in section
101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and
``(B) the number of such aliens within each of the
classes of nonimmigrant aliens, as well as the number
of such aliens within each of the subclasses of such
classes of nonimmigrant aliens, as applicable;
``(2) for each country, the percentage of the total number of
aliens from the country who were present in the United States
and were admitted to the United States as nonimmigrants who are
described in subsection (a);
``(3) the number of aliens described in subsection (a) who
arrived by land at a port of entry into the United States;
``(4) the number of aliens described in subsection (a) who
entered the United States using a border crossing
identification card (as such term is defined in section
101(a)(6) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(6))); and
``(5) the number of Canadian nationals who entered the United
States without a visa whose authorized period of stay in the
United States terminated during the previous fiscal year, but
who remained in the United States.''.
SEC. 5. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM VERIFICATION.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall ensure that the information
collected under the program established under section 641 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372) is available to officers of U.S. Customs and Border
Protection for the purpose of conducting primary inspections of aliens
seeking admission to the United States at each port of entry of the
United States.
SEC. 6. SOCIAL MEDIA REVIEW OF VISA APPLICANTS.
(a) In General.--Subtitle C of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new sections:
``SEC. 434. SOCIAL MEDIA SCREENING.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall, to the greatest extent
practicable, and in a risk based manner and on an individualized basis,
review the social media accounts of certain visa applicants who are
citizens of, or who reside in, high-risk countries, as determined by
the Secretary based on the criteria described in subsection (b).
``(b) High-risk Criteria Described.--In determining whether a country
is high-risk pursuant to subsection (a), the Secretary shall consider
the following criteria:
``(1) The number of nationals of the country who were
identified in United States Government databases related to the
identities of known or suspected terrorists during the previous
year.
``(2) The level of cooperation of the country with the
counter-terrorism efforts of the United States.
``(3) Any other criteria the Secretary determines
appropriate.
``(c) Collaboration.--To carry out the requirements of subsection
(a), the Secretary may collaborate with--
``(1) the head of a national laboratory within the
Department's laboratory network with relevant expertise;
``(2) the head of a relevant university-based center within
the Department's centers of excellence network; and
``(3) the heads of other appropriate Federal agencies.
``SEC. 435. OPEN SOURCE SCREENING.
``The Secretary shall, to the greatest extent practicable, and in a
risk based manner, review open source information of visa
applicants.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002, as amended by section 3 of this Act, is
further amended by inserting after the item relating to section 433 the
following new items:
``Sec. 434. Social media screening.
``Sec. 435 Open source screening.''.
Purpose and Summary
H.R. 2626, the ``Strong Visa Integrity Secures America
Act,'' takes necessary steps to address potential security gaps
to strengthen counterterror vetting and screening of
individuals applying for entry into the United States.
As a result, this bill increases the number of Immigration
and Custom Enforcement (ICE) Visa Security Units (VSU) from 30
to no fewer than 50. This will allow specially trained
investigators to conduct in-depth reviews of high-risk visa
applicants.
While there are more than 220 visa issuing posts around the
world, the Committee understands that each VSU costs an
estimated $2.7 million dollars per post. Therefore, the bill
expands the Pre-Adjudicated Threat Recognition Intelligence
Operations Team (PATRIOT) program, which conducts security
checks remotely, to an additional 50 locations. This will allow
visa issuing posts with limited space or insufficient workload
the benefits of certain visa security vetting activities in the
absence of a VSU.
The bill also requires that the Commissioner of U.S.
Customs and Border Protection (CBP) establish a system to read
embedded chips contained within electronic passports, utilize
facial recognition, and collect biometric data at airports of
entry. Finally, the Commissioner of CBP must continuously
screen individuals issued a U.S. visa against appropriate
criminal, national security, and terrorism data bases
maintained by the Federal Government as well as social media
profiles of certain individuals from high-risk countries.
Background and Need for Legislation
Despite a series of improvements made to the visa security
screening process since 2001, terrorists and other malicious
actors have continued to exploit the visa process to enter the
United States. No fewer than 37 terror attacks and plots may
have been stopped by increased visa security measures. As a
result, H.R. 2626 makes a series of security enhancements to
increase the likelihood that terrorists attempting to obtain a
visa are stopped well before they depart for the United States.
The Homeland Security Act of 2002 authorized the creation
of U.S. Immigration and Customs Enforcement's Visa Security
Program (VSP) for the purpose of interdicting individuals who
seek to exploit the visa process to enter the United States.
ICE agents assigned to the VSP provide an additional layer
of security beyond the existing background security checks
against intelligence community holdings. VSP Agents help
adjudicate discrepancies, resolve false name matches, conduct
additional investigations, liaise with host government security
officials and, in the process, keep suspected terrorists from
landing on American soil.
Supporting these efforts is ICE's PATRIOT program. The
PATRIOT system remotely vets visa applications against law
enforcement, intelligence and immigration data bases to confirm
identity, reduce false positives, and quickly identify
applicants of concern. This early vetting gives ICE critical
lead time to develop new investigations, advance ongoing
operations, and coordinate with State Department officers to
fill any information gaps through interviews of the applicants.
Imposters, or those who present valid travel documents
belonging to another person, have long been a detection
challenge for CBP Officers at ports of entry. To confirm
identity and reduce the amount of fraudulent documents accepted
at the Nation's ports of entry, CBP has conducted a series of
pilots to test facial recognition matching technology at
several international airports. Electronic passports contain a
photograph that can be read and then matched to ensure that the
person attempting entry is in fact the true bearer of the
travel documents. Preventing imposters from using another's
legitimate travel document increases security.
Other gaps addressed in H.R. 2626 include the student visa
process, which requires matching of a paper-based I-20 form
issued by colleges and universities, along with the computer-
based Student and Exchange Visitor Information System (SEVIS),
to identify whether a student is allowed to be admitted in to
the United States. This two-part system of paper I-20 and the
computer-based SEVIS matching revealed a gap in the course of
the Boston Marathon bombing investigation.
Specifically, Azamat Tazhayakov, a national of Kazakhstan
and friend of the Tsarnayov brothers, departed the United
States in December 2012, after he was academically dismissed
from the University of Massachusetts Dartmouth. Tazhayakov's I-
20 document was terminated as a result of his dismissal, but he
nonetheless retained it. Tazhayakov was able to reenter the
United States through a port of entry on January 20, 2013,
presenting the no-longer valid I-20. As a result, H.R. 2626
requires DHS to make SEVIS information available to CBP
Officers conducting primary inspections at each port of entry
to close this gap. SEVIS access by CBP would be limited under
H.R. 2626 only for the purpose of screening at ports of entry
and conducting primary and secondary inspections.
Hearings
No hearings were held on H.R. 2626 in the 115th Congress.
Committee Consideration
The Committee met on July 26, 2017, to consider H.R. 2626,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr. Hurd
(#1); was AGREED TO, as amended, by voice vote.
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr. Vela (#1A); was AGREED TO by voice
vote.
Consisting of the following amendments:
Page 7, beginning line 8, insert a new subsection entitled "(c)
Annual Report."
Page 7, line 15 strike "will soon be arriving" and insert "are
expected to arrive within 30 days".
Page 8, line 22, insert ``(including information on the
methodology utilized to develop such numerical estimates'' after
``estimates''.
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr. Correa (#1B); was AGREED TO by voice
vote.
Consisting of the following:
Page 10, line 11, insert ``for the purpose of'' before
``conducting''.
Page 11, line 16, strike ``develop the technology required to''.
Page 11, line 18, strike ``shall'' and insert ``may''.
Page 11, line 21, strike ``and''.
Page 11, line 24, the period and insert ``; and''.
Page 11, after line 24, insert the following: ``(3) the heads of
other appropriate Federal agencies.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Barragan (#1C); was AGREED TO by voice vote.
Page 10, line 23, insert ``and on an individualized basis'' after
``manner''.
Page 10, line 23, insert ``certain'' before ``visa''.
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Jackson Lee (#1D); was WITHDRAWN by unanimous
consent.
Add at the end a new section entitled ``Sec. 7. Special Rule.''.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration
Committee consideration of H.R. 2626.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2626, the Strong Visa Integrity Secures America Act, would
result in no new or increased budget authority, entitlement
authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 2626 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The general performance goal or objective of this bill is
to enhance visa security, port of entry security and consular
officer training to strengthens counterterror vetting and
screening of individuals applying for entry into the United
States.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 2626 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 2626 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 2626 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Strong Visa Integrity Secures America Act''.
Sec. 2. Visa Security.
(a) In General.
Subsection (a) amends section 428(e) of the Homeland
Security Act of 2002 to assign DHS employees at not fewer than
50 consular and diplomatic posts that issue visas. The
assignment of these employees, referred to as Visa Security
Units (VSU), and the decision as to what consular or diplomatic
posts to assign them to must be done in a risk based manner
based on certain criteria provided for in the legislation. This
subsection further provides that the assignment of these
employees is at the sole discretion of the Secretary of
Homeland Security, and not the Secretary of State.
The Committee strongly supports the Visa Security program,
and believes that having trained ICE agents at VSUs abroad is
the most effective way to ensure the validity of visa
applicants at high-risk posts. While remote screening is also
conducted on visa applications where VSUs are located under the
PATRIOT program, forward deployed agents improve cooperation
with consular officers, increase technical assistance, and
enable access to a number of government data bases for more
thorough vetting of a visa applicant prior to and during the
course of a consular interview. ICE currently has 30
operational VSUs.
(b) Counterterrorism Vetting and Screening.
This subsection requires visa applicants be screened
against the appropriate criminal, national security, and
terrorism data bases maintained by the Federal Government.
(c) Training and Hiring.
This subsection requires the Secretary of Homeland Security
to work through the Commissioner of U.S. Customs and Border
Protection and the Director of Immigration and Customs
Enforcement to train any employees posted at consular and
diplomatic posts.
The Committee believes training of State Department
personnel by ICE or CBP is underutilized under the VSP, and
such training would provide security benefits to employees in
consular and diplomatic posts.
(d) Pre-Adjudicated Visa Security Assistance and Visa
Security Advisory Opinion Unit.
This subsection amends the Homeland Security Act of 2002 to
mandate that at an additional 50 diplomatic consular posts at
which DHS employees are not permanently stationed have visa
applications vetted remotely. The selection of those 50 posts
is also done in a risk-based manner.
While expansion of VSP to 50 posts does not cover the
nearly 224 total visa-issuing consular posts, it is a cost
effective and responsibly incremented approach to improving
visa security abroad and reduces the opportunity for visas to
be used for terrorists to reach our shores. As a result, the
Committee supports expansion of remote vetting to screen visas
issued at additional posts where VSUs do not currently exist,
but where coverage of such posts could occur via partnerships
with other law enforcement agencies or Department of State.
Finally, this subsection mandates that the Secretary
establish a Visa Security Advisory Opinion Unit that can
respond to requests from the Secretary of State to conduct visa
security reviews on visa applications using information
maintained by the department, including terrorism association
and criminal history.
Originally recognized through Appropriations legislation,
the ICE Security Advisory Opinion Unit lacks a formal
legislative authorization. The Committee supports ICE's
Security Advisory Opinion efforts and recognizes it as a vital
part of the Visa Security process.
Sec. 3. Electronic Passport Screening and Biometric Matching.
(a) In General.
Section 3 amends the Homeland Security Act of 2002 to add
the following sections.
Proposed section 434 requires the Commissioner of U.S.
Customs and Border Protection to screen electronic passports by
reading each passport's embedded chip and utilize facial
recognition to screen travelers at U.S. airports of entry.
The proposed section requires the passport screening to be
conducted on U.S. citizens, nationals of countries
participating in the Visa Waiver Program, and nationals of any
other foreign country that issue passports with readable chips.
The facial recognition requirements will only apply to
nationals from countries participating in the Visa Waiver
Program.
The Committee believes electronic passports that contain
embedded chips that include biometric information greatly
improve passport and travel security. While these passports
have recently been required, screening against the biometrics
contained on the chips does not typically occur upon entry into
the United States. The Committee believes the security value of
the electronic passports is maximized when the embedded
information contained in the e-passport is read, and matched to
positively identify an individual seeking admission into the
United States. Lastly, as biometric technology is deployed to
airports of entry, the Committee will require that CBP report
annually on the types of technology used, if and how much U.S.
citizen biometric data is collected at each airport, and what
CBP does with this sensitive data. This report is intended to
ensure that privacy protections remain at the forefront as CBP
deploys this technology.
Proposed section 435 mandates the Commissioner of U.S.
Customs and Border Protection to continuously screen
individuals issued a visa, and those in the United States or
arriving soon as part of the Visa Waiver Program, against the
appropriate criminal, national security, and terrorism data
bases maintained by the Federal Government.
The Committee is concerned that screening of individuals
with visas does not occur on a recurring or continuous basis.
This gap may provide opportunities for exploitation where a
previously vetted individual may be issued a visa to enter the
United States, then subsequently listed on a data base of
concern, and be able to enter the country without derogatory
information flagged by subsequent reviews. The continuous
vetting provided for in H.R. 2626 would provide greater
security and ensure individuals issued a visa, but not
currently in the United States, have their visa or ESTA
revoked, if warranted.
(b) Clerical Amendment.
This subsection makes clerical amendment to the table of
contents to the Homeland Security Act of 2002.
Sec. 4. Reporting of Visa Overstays.
Section 4 amends current law to mandate that the Department
of Homeland Security issue a report to Congress regarding visa
overstays. The report must include, among other data: numerical
estimates of the number of aliens who overstayed their visa
from each county; the number of aliens within all classes of
non-immigrant visa categories and appropriate sub-categories
that overstayed their visa; and the percentage of aliens who
arrived at a land point of entry.
The Committee believes that the Fiscal Year 2015 and 2016
Visa Overstay reports issued by the Department are a step in
the right direction but neither offers a complete picture of
the visa overstay problem. For example, the first visa overstay
report to Congress since the Department of Justice last
reported them in 1996 only included data on foreign nationals
traveling on a B1 and B2 travel visa for business or tourism,
as well as those admitted under the Visa Waiver Program through
an air or sea port of entry. Though the fiscal year 2016
expanded the scope to include foreign nationals admitted under
student and international exchange visas, the latest report
still does not capture the entire universe of visa overstays,
including those individuals who depart via land and pedestrian
ports of entry, Mexican citizens traveling on a Border Crossing
Card, Canadian nationals, or the other categories of visa
categories.
In the absence of a biometric, or even complete biographic
exit system, CBP must expand their overstay report to all visa
categories and entry modes to present Congress with a complete
picture of the State of visa overstays.
Sec. 5. Student and Exchange Visitor Information System Verification.
This section mandates the Secretary of Homeland Security
ensure that information collected in SEVIS is available to CBP
Officers for the purposes of conducting primary inspections of
aliens seeking admission into the U.S. at all ports of entry.
The Committee believes that student visas may be one of the
preferred routes for terrorist exploitation. The current system
requires matching of a paper-based I-20 form issued by colleges
and universities, with the computer-based Student and Exchange
Visitor Information System (SEVIS), to identify whether a
student is allowed to be admitted in to the United States. This
two-part system of paper I-20 and the computer-based SEVIS
matching adds an additional level of complexity, and was
revealed as a security vulnerability in the course of the
Boston Marathon bombing investigation. Specifically, Azamat
Tazhayakov, a national of Kazakhstan and friend of the
Tsarnayov brothers, departed the United States in December
2012, after he was academically dismissed from the University
of Massachusetts Dartmouth.
According to reports, this lapse occurred in part because
Customs and Border Protection officers at primary inspection
did not have access to the Immigration and Customs
Enforcement's SEVIS data base, to verify whether a student's I-
20 was valid.
While the Committee understands that interim measures have
been made since 2013, and that SEVIS is available in secondary
screening, allowing CBP to screen against SEVIS during the
course of primary inspection will close existing gaps in the
entry system, and is in line with previous plans for upgrades
to the SEVIS system. The Committee, however believes that
access to the SEVIS database by CBP be limited only for primary
inspections as stated in H.R. 2626 and not wholesale access for
other purposes.
Sec. 6. Social Media Review of Visa Applicants.
Proposed section 436 mandates the DHS Secretary to review
the social media accounts of certain visa applicants who are
citizens of, or reside, in high-risk countries as determined by
the Secretary, based on certain criteria provided for in the
legislation. This shall be implemented to the greatest extent
possible, in a risk-based manner, and on an individualized
basis. In order to develop the technology necessary to
implement this section the Secretary is required to collaborate
with the head of the national laboratory within the
Department's laboratory network with relevant expertise, the
head of the relevant university based center within the
Department's centers of excellence network and other available
Federal research, as appropriate.
The Committee believes that screening visa applicant social
media accounts will enhance the visa vetting capabilities of
the U.S. Government both in the early stages of a visa
application and at the issuance phase. It will allow for
continued monitoring of high-risk non-immigrant visa holders
during the time of visa application, issuance, and entry into
the United States. This screening has the potential to identify
additional derogatory information during the visa pre-issuance
vetting phase which may otherwise be unknown.
The Committee is pleased that DHS sees value in social
media vetting. The Committee acknowledges the technical
challenges related to the vetting of social media for all
categories of visas, which is why we limited the mandate for
this vetting to a smaller subset of the high risk countries and
visa applicants.
Proposed section 437 requires the Secretary, to the
greatest extent possible, review open source information on
visa applicants in a risk-based manner.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
Sec. 420. Electronic passport screening and biometric matching.
Sec. 420A. Continuous screening by U.S. Customs and Border Protection.
Subtitle C--Miscellaneous Provisions
* * * * * * *
Sec. 434. Social media screening.
Sec. 435 Open source screening.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
(a) In General.--Not later than one year after the date of
the enactment of this section, the Commissioner of U.S. Customs
and Border Protection shall--
(1) screen electronic passports at airports of entry
by reading each such passport's embedded chip; and
(2) to the greatest extent practicable, utilize
facial recognition technology or other biometric
technology, as determined by the Commissioner, to
inspect travelers at United States airports of entry.
(b) Applicability.--
(1) Electronic passport screening.--Paragraph (1) of
subsection (a) shall apply to passports belonging to
individuals who are United States citizens, individuals
who are nationals of a program country pursuant to
section 217 of the Immigration and Nationality Act (8
U.S.C. 1187), and individuals who are nationals of any
other foreign country that issues electronic passports.
(2) Facial recognition matching.--Paragraph (2) of
subsection (a) shall apply, at a minimum, to
individuals who are nationals of a program country
pursuant to section 217 of the Immigration and
Nationality Act.
(c) Annual Report.--The Commissioner of U.S. Customs and
Border Protection, in collaboration with the Chief Privacy
Officer of the Department, shall issue to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate an annual report through fiscal year 2021 on the
utilization of facial recognition technology and other
biometric technology pursuant to subsection (a)(2). Each such
report shall include information on the type of technology used
at each airport of entry, the number of individuals who were
subject to inspection using either of such technologies at each
airport of entry, and within the group of individuals subject
to such inspection at each airport, the number of those
individuals who were United States citizens and legal permanent
residents. Each such report shall provide information on the
disposition of data collected during the year covered by such
report, together with information on protocols for the
management of collected biometric data, including timeframes
and criteria for storing, erasing, destroying, or otherwise
removing such data from databases utilized by the Department.
SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER PROTECTION.
The Commissioner of U.S. Customs and Border Protection shall,
in a risk based manner, continuously screen individuals issued
any visa, and individuals who are nationals of a program
country pursuant to section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187), who are present, or are
expected to arrive within 30 days, in the United States,
against the appropriate criminal, national security, and
terrorism databases maintained by the Federal Government.
Subtitle C--Miscellaneous Provisions
* * * * * * *
SEC. 428. VISA ISSUANCE.
(a) Definition.--In this subsection, the term ``consular
office'' has the meaning given that term under section
101(a)(9) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(9)).
(b) In General.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other
provision of law, and except as provided in subsection (c) of
this section, the Secretary--
(1) shall be vested exclusively with all authorities
to issue regulations with respect to, administer, and
enforce the provisions of such Act, and of all other
immigration and nationality laws, relating to the
functions of consular officers of the United States in
connection with the granting or refusal of visas, and
shall have the authority to refuse visas in accordance
with law and to develop programs of homeland security
training for consular officers (in addition to consular
training provided by the Secretary of State), which
authorities shall be exercised through the Secretary of
State, except that the Secretary shall not have
authority to alter or reverse the decision of a
consular officer to refuse a visa to an alien; and
(2) shall have authority to confer or impose upon any
officer or employee of the United States, with the
consent of the head of the executive agency under whose
jurisdiction such officer or employee is serving, any
of the functions specified in paragraph (1).
(c) Authority of the Secretary of State.--
(1) In general.--Notwithstanding subsection (b), the
Secretary of State may direct a consular officer to
refuse a visa to an alien if the Secretary of State
deems such refusal necessary or advisable in the
foreign policy or security interests of the United
States.
(2) Construction regarding authority.--Nothing in
this section, consistent with the Secretary of Homeland
Security's authority to refuse visas in accordance with
law, shall be construed as affecting the authorities of
the Secretary of State under the following provisions
of law:
(A) Section 101(a)(15)(A) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration and
Nationality Act (8 U.S.C. 1154) (as it will
take effect upon the entry into force of the
Convention on Protection of Children and
Cooperation in Respect to Inter-Country
adoption).
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(IV)(bb)).
(D) Section 212(a)(3)(B)(i)(VI) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3)(C) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(C)).
(G) Section 212(a)(10)(C) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(10)(C)).
(H) Section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)).
(I) Section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(C)).
(K) Section 401 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996
(22 U.S.C. 6034; Public Law 104-114).
(L) Section 613 of the Departments of
Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriations Act, 1999 (as
contained in section 101(b) of division A of
Public Law 105-277) (Omnibus Consolidated and
Emergency Supplemental Appropriations Act,
1999); 112 Stat. 2681; H.R. 4328 (originally
H.R. 4276) as amended by section 617 of Public
Law 106-553.
(M) Section 103(f) of the Chemical Weapon
Convention Implementation Act of 1998 (112
Stat. 2681-865).
(N) Section 801 of H.R. 3427, the Admiral
James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000
and 2001, as enacted by reference in Public Law
106-113.
(O) Section 568 of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 2002 (Public Law 107-115).
(P) Section 51 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2723).
(d) Consular Officers and Chiefs of Missions.--
(1) In general.--Nothing in this section may be
construed to alter or affect--
(A) the employment status of consular
officers as employees of the Department of
State; or
(B) the authority of a chief of mission under
section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927).
(2) Construction regarding delegation of authority.--
Nothing in this section shall be construed to affect
any delegation of authority to the Secretary of State
by the President pursuant to any proclamation issued
under section 212(f) of the Immigration and Nationality
Act (8 U.S.C. 1182(f)), consistent with the Secretary
of Homeland Security's authority to refuse visas in
accordance with law.
(e) Assignment of Homeland Security Employees to Diplomatic
and Consular Posts.--
(1) In general.--[The Secretary]
(A) Authorization._Subject to the minimum
number specified in subparagraph (B), the
Secretary is authorized to assign employees of
the Department to each diplomatic and consular
post at which visas are issued, unless the
Secretary determines that such an assignment at
a particular post would not promote homeland
security.
(B) Risk-based assignments.--
(i) In general.--In carrying out
subparagraph (A), the Secretary shall
assign, in a risk-based manner, and
considering the criteria described in
clause (ii), employees of the
Department to not fewer than 50
diplomatic and consular posts at which
visas are issued.
(ii) Criteria described.--The
criteria referred to in clause (i) are
the following:
(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
in United States Government
databases related to the
identities of known or
suspected terrorists during the
previous year.
(II) Information on the
cooperation of such country
with the counterterrorism
efforts of the United States.
(III) Information analyzing
the presence, activity, or
movement of terrorist
organizations (as such term is
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) The number of formal
objections based on derogatory
information issued by the Visa
Security Advisory Opinion Unit
pursuant to paragraph (10)
regarding nationals of a
country in which any of the
diplomatic and consular posts
referred to in clause (i) are
located.
(V) The adequacy of the
border and immigration control
of such country.
(VI) Any other criteria the
Secretary determines
appropriate.
(iii) Rule of construction.--The
assignment of employees of the
Department pursuant to this
subparagraph is solely the authority of
the Secretary and may not be altered or
rejected by the Secretary of State.
(2) Functions.--Employees assigned under paragraph
(1) shall perform the following functions:
(A) Provide expert advice and training to
consular officers regarding specific security
threats relating to the adjudication of
individual visa applications or classes of
applications.
(B) Review any such applications, either on
the initiative of the employee of the
Department or upon request by a consular
officer or other person charged with
adjudicating such applications.
(C) Screen any such applications against the
appropriate criminal, national security, and
terrorism databases maintained by the Federal
Government.
[(C)] (D) Conduct investigations with respect
to consular matters under the jurisdiction of
the Secretary.
(3) Evaluation of consular officers.--The Secretary
of State shall evaluate, in consultation with the
Secretary, as deemed appropriate by the Secretary, the
performance of consular officers with respect to the
processing and adjudication of applications for visas
in accordance with performance standards developed by
the Secretary for these procedures.
(4) Report.--The Secretary shall, on an annual basis,
submit a report to Congress that describes the basis
for each determination under paragraph (1) that the
assignment of an employee of the Department at a
particular diplomatic post would not promote homeland
security.
(5) Permanent assignment; participation in terrorist
lookout committee.--When appropriate, employees of the
Department assigned to perform functions described in
paragraph (2) may be assigned permanently to overseas
diplomatic or consular posts with country-specific or
regional responsibility. If the Secretary so directs,
any such employee, when present at an overseas post,
shall participate in the terrorist lookout committee
established under section 304 of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C.
1733).
(6) Training and hiring.--
(A) In general.--[The Secretary shall ensure,
to the extent possible, that any employees] The
Secretary, acting through the Commissioner of
U.S. Customs and Border Protection and the
Director of U.S. Immigration and Customs
Enforcement, shall provide training to any
employees of the Department assigned to perform
functions under paragraph (2) and, as
appropriate, consular officers, [shall be
provided the necessary training] to enable them
to carry out such functions, including training
in foreign languages, interview techniques, and
fraud detection techniques, in conditions in
the particular country where each employee is
assigned, and in other appropriate areas of
study.
(B) Use of center.--The Secretary is
authorized to use the National Foreign Affairs
Training Center, on a reimbursable basis, to
obtain the training described in subparagraph
(A).
(7) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary
of State shall submit to Congress--
(A) a report on the implementation of this
subsection; and
(B) any legislative proposals necessary to
further the objectives of this subsection.
(8) Effective date.--This subsection shall take
effect on the earlier of--
(A) the date on which the President publishes
notice in the Federal Register that the
President has submitted a report to Congress
setting forth a memorandum of understanding
between the Secretary and the Secretary of
State governing the implementation of this
section; or
(B) the date occurring 1 year after the date
of enactment of this Act.
(9) Remote pre-adjudicated visa security
assistance.--At the visa-issuing posts at which
employees of the Department are not assigned pursuant
to paragraph (1), the Secretary shall, in a risk-based
manner, assign employees of the Department to remotely
perform the functions required under paragraph (2) at
not fewer than 50 of such posts.
(10) Visa security advisory opinion unit.--The
Secretary shall establish within U.S. Immigration and
Customs Enforcement a Visa Security Advisory Opinion
Unit to respond to requests from the Secretary of State
to conduct a visa security review using information
maintained by the Department on visa applicants,
including terrorism association, criminal history,
counter-proliferation, and other relevant factors, as
determined by the Secretary.
(f) No Creation of Private Right of Action.--Nothing in this
section shall be construed to create or authorize a private
right of action to challenge a decision of a consular officer
or other United States official or employee to grant or deny a
visa.
(g) Study Regarding Use of Foreign Nationals.--
(1) In general.--The Secretary of Homeland Security
shall conduct a study of the role of foreign nationals
in the granting or refusal of visas and other documents
authorizing entry of aliens into the United States. The
study shall address the following:
(A) The proper role, if any, of foreign
nationals in the process of rendering decisions
on such grants and refusals.
(B) Any security concerns involving the
employment of foreign nationals.
(C) Whether there are cost-effective
alternatives to the use of foreign nationals.
(2) Report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit a
report containing the findings of the study conducted
under paragraph (1) to the Committee on the Judiciary,
the Committee on International Relations, and the
Committee on Government Reform of the House of
Representatives, and the Committee on the Judiciary,
the Committee on Foreign Relations, and the Committee
on Government Affairs of the Senate.
(h) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Science
and Technology Policy shall submit to Congress a report on how
the provisions of this section will affect procedures for the
issuance of student visas.
(i) Visa Issuance Program for Saudi Arabia.--Notwithstanding
any other provision of law, after the date of the enactment of
this Act all third party screening programs in Saudi Arabia
shall be terminated. On-site personnel of the Department of
Homeland Security shall review all visa applications prior to
adjudication.
* * * * * * *
SEC. 434. SOCIAL MEDIA SCREENING.
(a) In General.--Not later than 180 days after the date of
the enactment of this section, the Secretary shall, to the
greatest extent practicable, and in a risk based manner and on
an individualized basis, review the social media accounts of
certain visa applicants who are citizens of, or who reside in,
high-risk countries, as determined by the Secretary based on
the criteria described in subsection (b).
(b) High-risk Criteria Described.--In determining whether a
country is high-risk pursuant to subsection (a), the Secretary
shall consider the following criteria:
(1) The number of nationals of the country who were
identified in United States Government databases
related to the identities of known or suspected
terrorists during the previous year.
(2) The level of cooperation of the country with the
counter-terrorism efforts of the United States.
(3) Any other criteria the Secretary determines
appropriate.
(c) Collaboration.--To carry out the requirements of
subsection (a), the Secretary may collaborate with--
(1) the head of a national laboratory within the
Department's laboratory network with relevant
expertise;
(2) the head of a relevant university-based center
within the Department's centers of excellence network;
and
(3) the heads of other appropriate Federal agencies.
SEC. 435. OPEN SOURCE SCREENING.
The Secretary shall, to the greatest extent practicable, and
in a risk based manner, review open source information of visa
applicants.
* * * * * * *
----------
SECTION 2 OF PUBLIC LAW 105-173
SEC. 2. DATA ON NONIMMIGRANT OVERSTAY RATES.
(a) Collection of Data.--Not later than the date that is 180
days after the date of the enactment of this Act, the [Attorney
General] Secretary of Homeland Security shall implement a
program to collect data, for each fiscal year, regarding the
total number of aliens within each of the classes of
nonimmigrant aliens described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) whose
authorized period of stay in the United States terminated
during the previous fiscal year, but who remained in the United
States notwithstanding such termination, and any additional
information that the Secretary determines necessary for
purposes of the report under subsection (b).
[(b) Annual Report.--Not later than June 30, 1999, and not
later than June 30 of each year thereafter, the Attorney
General shall submit an annual report to the Congress providing
numerical estimates, for each country for the preceding fiscal
year, of the number of aliens from the country who are
described in subsection (a).]
(b) Annual Report.--Not later than June 30, 2018, and not
later than June 30 of each year thereafter, the Secretary of
Homeland Security shall submit to the Committee on Homeland
Security and the Committee on the Judiciary of the House of
Representatives and to the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the
Senate a report providing, for the preceding fiscal year,
numerical estimates (including information on the methodology
utilized to develop such numerical estimates) of--
(1) for each country, the number of aliens from the
country who are described in subsection (a),
including--
(A) the total number of such aliens within
all classes of nonimmigrant aliens described in
section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)); and
(B) the number of such aliens within each of
the classes of nonimmigrant aliens, as well as
the number of such aliens within each of the
subclasses of such classes of nonimmigrant
aliens, as applicable;
(2) for each country, the percentage of the total
number of aliens from the country who were present in
the United States and were admitted to the United
States as nonimmigrants who are described in subsection
(a);
(3) the number of aliens described in subsection (a)
who arrived by land at a port of entry into the United
States;
(4) the number of aliens described in subsection (a)
who entered the United States using a border crossing
identification card (as such term is defined in section
101(a)(6) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(6))); and
(5) the number of Canadian nationals who entered the
United States without a visa whose authorized period of
stay in the United States terminated during the
previous fiscal year, but who remained in the United
States.
[all]