I 

114TH CONGRESS 

2D SESSION H. R. 5253 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2016 

Mr. HURD of Texas (for himself, Mr. MCCAUL, Mrs. MILLER of Michigan, 

Mr. KING of New York, Mr. KATKO, and Ms. MCSALLY) introduced the 

following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committee on Homeland Security, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strong Visa Integrity 

5 Secures America Act’’. 


srobinson on DSK5SPTVN1PROD with BILLS
2 

•HR 5253 IH

1 SEC. 2. VISA SECURITY. 

2 (a) VISA SECURITY UNITS AT HIGH RISK POSTS.— 

3 Paragraph (1) of section 428(e) of the Homeland Security 

4 Act of 2002 (6 U.S.C. 236(e)) is amended— 

5 (1) by striking ‘‘The Secretary’’ and inserting 

6 the following: 

7 ‘‘(A) AUTHORIZATION.—The Secretary’’; 

8 and 

9 (2) by adding at the end the following new sub10 paragraph: 

11 ‘‘(B) RISK-BASED ASSIGNMENTS.— 

12 ‘‘(i) IN GENERAL.—The Secretary 

13 shall assign, in a risk-based manner, and 

14 based on the criteria described in clause 

15 (ii), employees of the Department to not 

16 fewer than 30 diplomatic and consular 

17 posts at which visas are issued. 

18 ‘‘(ii) CRITERIA DESCRIBED.—The cri19 teria referred to in clause (i) are the fol20 lowing: 

21 ‘‘(I) The number of nationals of 

22 a country in which any of the diplo23 matic and consular posts referred to 

24 in clause (i) are located who were 

25 identified in United States Govern26 ment databases related to the identiVerDate Sep 11 2014 23:03 May 17, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5253.IH H5253

srobinson on DSK5SPTVN1PROD with BILLS
3 

•HR 5253 IH

1 ties of known or suspected terrorists 

2 during the previous year. 

3 ‘‘(II) The level of cooperation of 

4 such country with the counterter5 rorism efforts of the United States. 

6 ‘‘(III) Information analyzing the 

7 presence, activity, or movement of ter8 rorist organizations (as such term is 

9 defined in section 212(a)(3)(B)(vi) of 

10 the Immigration and Nationality Act 

11 (8 U.S.C. 1182(a)(3)(B)(vi))) within 

12 or through such country. 

13 ‘‘(IV) The number of derogatory 

14 Security Advisory Opinions issued by 

15 the Visa Security Advisory Opinion 

16 Unit pursuant to paragraph (10) re17 garding nationals of a country in 

18 which any of the diplomatic and con19 sular posts referred to in clause (i) 

20 are located. 

21 ‘‘(V) The adequacy of the border 

22 and immigration control of such coun23 try. 

24 ‘‘(VI) Any other criteria the Sec25 retary determines appropriate. 


srobinson on DSK5SPTVN1PROD with BILLS
4 

•HR 5253 IH

1 ‘‘(iii) RULE OF CONSTRUCTION.—The 

2 assignment of employees of the Depart3 ment pursuant to this subparagraph is 

4 solely the authority of the Secretary and 

5 may not be altered or rejected by the Sec6 retary of State.’’. 

7 (b) COUNTERTERROR VETTING AND SCREENING.— 

8 Paragraph (2) of section 428(e) of the Homeland Security 

9 Act of 2002 is amended— 

10 (1) by redesignating subparagraph (C) as sub11 paragraph (D); and 

12 (2) by inserting after subparagraph (B) the fol13 lowing new subparagraph: 

14 ‘‘(C) Screen any such applications against 

15 the appropriate criminal, national security, and 

16 terrorism databases maintained by the Federal 

17 Government.’’. 

18 (c) TRAINING AND HIRING.—Subparagraph (A) of 

19 section 428(e)(6) of the Homeland Security Act of 2002 

20 is amended by— 

21 (1) striking ‘‘The Secretary shall ensure, to the 

22 extent possible, that any employees’’ and inserting 

23 ‘‘The Secretary, acting through the Commissioner of 

24 U.S. Customs and Border Protection and the DirecVerDate Sep 11 2014 21:23 May 17, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5253.IH H5253

srobinson on DSK5SPTVN1PROD with BILLS
5 

•HR 5253 IH

1 tor of U.S. Immigration and Customs Enforcement, 

2 shall provide training to any employees’’; and 

3 (2) striking ‘‘shall be provided the necessary 

4 training’’. 

5 (d) PRE-ADJUDICATED VISA SECURITY ASSISTANCE

6 AND VISA SECURITY ADVISORY OPINION UNIT.—Sub7 section (e) of section 428 of the Homeland Security Act 

8 of 2002 is amended by adding at the end the following 

9 new paragraphs: 

10 ‘‘(9) REMOTE PRE-ADJUDICATED VISA SECU11 RITY ASSISTANCE.—At the visa-issuing posts at 

12 which employees of the Department are not assigned 

13 pursuant to paragraph (1), the Secretary shall, to 

14 the greatest extent possible, in a risk-based manner, 

15 and in consultation, where appropriate, with the Sec16 retary of State, assign employees of the Department 

17 to remotely perform the functions required under 

18 paragraph (2) for such posts. 

19 ‘‘(10) VISA SECURITY ADVISORY OPINION

20 UNIT.—The Secretary shall establish within U.S. 

21 Immigration and Customs Enforcement a Visa Secu22 rity Advisory Opinion Unit to respond to requests 

23 from the Secretary of State to conduct a visa secu24 rity review using information maintained by the De25 partment on visa applicants, including terrorism asVerDate Sep 11 2014 21:23 May 17, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5253.IH H5253

srobinson on DSK5SPTVN1PROD with BILLS
6 

•HR 5253 IH

1 sociation, criminal history, and other relevant fac2 tors, as determined by the Secretary.’’. 

3 SEC. 3. ELECTRONIC PASSPORT SCREENING AND BIOMET4 RIC MATCHING. 

5 (a) IN GENERAL.—Subtitle C of title IV of the 

6 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 

7 is amended by adding at the end the following new sec8 tions: 

9 ‘‘SEC. 434. ELECTRONIC PASSPORT SCREENING AND BIO10 METRIC MATCHING. 

11 ‘‘(a) IN GENERAL.—Not later than one year after the 

12 date of the enactment of this section, the Commissioner 

13 of U.S. Customs and Border Protection shall— 

14 ‘‘(1) screen electronic passports at airports of 

15 entry by reading each such passport’s embedded 

16 chip; and 

17 ‘‘(2) to the greatest extent practicable, utilize 

18 facial recognition technology or other biometric tech19 nology, as determined by the Commissioner, to 

20 screen travelers at United States airports of entry. 

21 ‘‘(b) APPLICABILITY.— 

22 ‘‘(1) ELECTRONIC PASSPORT SCREENING.— 

23 Paragraph (1) of subsection (a) shall apply to pass24 ports belonging to individuals who are United States 

25 citizens, individuals who are nationals of a program 


srobinson on DSK5SPTVN1PROD with BILLS
7 

•HR 5253 IH

1 country pursuant to section 217 of the Immigration 

2 and Nationality Act (8 U.S.C. 1187), and individ3 uals who are nationals of any other foreign country 

4 that issues electronic passports. 

5 ‘‘(2) FACIAL RECOGNITION MATCHING.—Para6 graph (2) of subsection (a) shall apply to individuals 

7 who are nationals of a program country pursuant to 

8 section 217 of the Immigration and Nationality Act. 

9 ‘‘SEC. 435. CONTINUOUS SCREENING BY U.S. CUSTOMS AND 

10 BORDER PROTECTION. 

11 ‘‘The Commissioner of U.S. Customs and Border 

12 Protection shall, in a risk based manner, continuously 

13 screen individuals issued any visa, and individuals who are 

14 nationals of a program country pursuant to section 217 

15 of the Immigration and Nationality Act, who are present, 

16 or will soon be arriving, in the United States, against the 

17 appropriate criminal, national security, and terrorism 

18 databases maintained by the Federal Government.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 in section 1(b) of the Homeland Security Act of 2002 is 

21 amended by inserting after the item relating to section 

22 433 the following new items: 

‘‘Sec. 434. Electronic passport screening and biometric matching. 

‘‘Sec. 435. Continuous screening by U.S. Customs and Border Protection.’’. 


srobinson on DSK5SPTVN1PROD with BILLS
8 

•HR 5253 IH

1 SEC. 4. REPORTING OF VISA OVERSTAYS. 

2 Section 2 of Public Law 105–173 (8 U.S.C. 1376) 

3 is amended— 

4 (1) in subsection (a)— 

5 (A) by striking ‘‘Attorney General’’ and in6 serting ‘‘Secretary of Homeland Security’’; and 

7 (B) by inserting before the period at the 

8 end the following: ‘‘, and any additional infor9 mation that the Secretary determines necessary 

10 for purposes of the report under subsection 

11 (b)’’; and 

12 (2) by amending subsection (b) to read as fol13 lows: 

14 ‘‘(b) ANNUAL REPORT.—Not later than June 30, 

15 2017, and not later than June 30 of each year thereafter, 

16 the Secretary of Homeland Security shall submit a report 

17 to the Committee on Homeland Security and the Com18 mittee on the Judiciary of the House of Representatives 

19 and to the Committee on Homeland Security and Govern20 mental Affairs and the Committee on the Judiciary of the 

21 Senate providing, for the preceding fiscal year, numerical 

22 estimates of— 

23 ‘‘(1) for each country, the number of aliens 

24 from the country who are described in subsection 

25 (a), including— 


srobinson on DSK5SPTVN1PROD with BILLS
9 

•HR 5253 IH

1 ‘‘(A) the total number of such aliens within 

2 all classes of nonimmigrant aliens described in 

3 section 101(a)(15) of the Immigration and Na4 tionality Act (8 U.S.C. 1101(a)(15)); and 

5 ‘‘(B) the number of such aliens within each 

6 of the classes of nonimmigrant aliens, as well as 

7 the number of such aliens within each of the 

8 subclasses of such classes of nonimmigrant 

9 aliens, as applicable; 

10 ‘‘(2) for each country, the percentage of the 

11 total number of aliens from the country who were 

12 present in the United States and were admitted to 

13 the United States as nonimmigrants who are de14 scribed in subsection (a); 

15 ‘‘(3) the number of aliens described in sub16 section (a) who arrived by land at a port of entry 

17 into the United States; and 

18 ‘‘(4) the number of aliens described in sub19 section (a) who entered the United States using a 

20 border crossing identification card (as such term is 

21 defined in section 101(a)(6) of the Immigration and 

22 Nationality Act (8 U.S.C. 1101(a)(6))).’’. 


srobinson on DSK5SPTVN1PROD with BILLS
10 

•HR 5253 IH

1 SEC. 5. STUDENT AND EXCHANGE VISITOR INFORMATION 

2 SYSTEM VERIFICATION. 

3 Not later than 90 days after the date of the enact4 ment of this Act, the Secretary of Homeland Security shall 

5 ensure that the information collected under the program 

6 established under section 641 of the Illegal Immigration 

7 Reform and Immigrant Responsibility Act of 1996 (8 

8 U.S.C. 1372) is available to officers of U.S. Customs and 

9 Border Protection conducting primary inspections of 

10 aliens seeking admission to the United States at each port 

11 of entry of the United States. 

Æ 


srobinson on DSK5SPTVN1PROD with BILLS