Title: VISA Act of 2017
Policy area: Immigration

Summary:
Visa Investigation and Social Media Activity Act of 2017 or the VISA Act of 2017
This bill amends the Immigration and Nationality Act to prohibit a petition or application filed with the Department of Homeland Security (DHS) or with a consular officer for the issuance of a visa or the admission of an alien from being approved unless a background check to determine whether the alien is a national security threat or is otherwise ineligible for such visa or admission is completed for: (1) the petitioner or applicant, and (2) each beneficiary or derivative of the petition or application.
Such background check shall include a review of the alien's publicly available interactions on, and posting of material to, the Internet (including social media services).
An applicant must provide an English translation of his or her documentation.
No petition or application for any immigration benefit, except for work authorization, may be approved for an alien who is at least 11 years old unless DHS conducts an in-person interview with such alien.
DHS shall begin implementation of an analytics software plan to detect fraud in immigration benefits applications and petitions and to ensure that an applicant or petitioner does not pose a national security threat.
The bill requires the deployment of DHS employees to all visa-issuing embassies and consulates.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1125 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 1125

    To amend the Immigration and Nationality Act to provide for new 
 procedures pertaining to the processing of petitions and applications 
      for immigrant or nonimmigrant visas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2017

Mr. Banks of Indiana 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 Immigration and Nationality Act to provide for new 
 procedures pertaining to the processing of petitions and applications 
      for immigrant or nonimmigrant visas, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Visa Investigation and Social Media 
Activity Act of 2017'' or as the ``VISA Act of 2017''.

SEC. 2. PETITION AND APPLICATION PROCESSING FOR VISAS AND IMMIGRATION 
              BENEFITS.

    (a) In General.--Chapter 2 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after 
section 211 the following:

``SEC. 211A. BACKGROUND CHECKS AND OTHER SCREENING REQUIREMENTS.

    ``(a) Comprehensive Security and Background Check.--No petition or 
application filed with the Secretary of Homeland Security or with a 
consular officer relating to the issuance of a visa to or to the 
admission of an alien to the United States as an immigrant or as a 
nonimmigrant may be approved unless a background check to determine 
whether or not the alien is a national security threat or is otherwise 
ineligible for such visa or admission is completed for--
            ``(1) the petitioner or applicant; and
            ``(2) each beneficiary or derivative of the petition or 
        application.
    ``(b) Review of Social Media Activity.--The background check under 
subsection (a) shall include a review of the alien's publicly available 
interactions on and posting of material to the Internet (including 
social media services).
    ``(c) Interviews.--No petition or application filed with the 
Secretary of Homeland Security for any benefit under this Act, except 
for work authorization, by or on behalf of an alien present in the 
United States may be approved unless the Secretary conducts an in-
person interview with that alien. The Secretary may waive such 
requirement in the case of any alien who would be 10 years of age or 
younger at the time of the interview.
    ``(d) Translation Requirement.--No document submitted in support of 
a petition or application for a nonimmigrant or immigrant visa may be 
accepted by a consular officer if such document contains information in 
a foreign language, unless such document is accompanied by a full 
English translation, which the translator has certified as complete and 
accurate, and by the translator's certification that he or she is 
competent to translate from the foreign language into English.
    ``(e) Requests for Additional Information.--In an instance where 
the Secretary of Homeland Security or a consular officer requests any 
additional information relating to a petition or application filed with 
the Secretary or consular officer relating to the issuance of a visa or 
to the admission of an alien to the United States as an immigrant or as 
a nonimmigrant, such petition or application may not be approved unless 
all of the additional information requested is provided in complete 
form and is provided on or before any deadline included in the 
request.''.
    (b) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 211 the 
following:

``211A. Background checks and other screening requirements.''.

SEC. 3. FRAUD PREVENTION.

    (a) Prospective Analytics Technology.--
            (1) Plan for implementation.--Not later than 180 days after 
        the date of enactment of this Act, the Secretary of Homeland 
        Security shall submit to the Committee on the Judiciary of the 
        House of Representatives and the Committee on the Judiciary of 
        the Senate a plan for the use of advanced analytics software to 
        ensure the proactive detection of fraud in immigration benefits 
        applications and petitions and to ensure that any such 
        applicant or petitioner does not pose a threat to national 
        security.
            (2) Implementation of plan.--Not later than 1 year after 
        the date of the submission of the plan under paragraph (1), the 
        Secretary of Home-land Security shall begin implementation of 
        the plan.
    (b) Benefits Fraud Assessment.--
            (1) In general.--The Secretary of Homeland Security, acting 
        through the Fraud Detection and Nationality Security 
        Directorate, shall complete a benefit fraud assessment by 
        fiscal year 2021 on each of the following:
                    (A) Petitions by VAWA self-petitioners (as such 
                term is defined in section 101(a)(51) of the 
                Immigration and Nationality Act).
                    (B) Applications or petitions for visas or status 
                under section 101(a)(15)(K) of such Act or under 
                section 201(b)(2) of such Act, in the case of spouses.
                    (C) Applications for visas or status under section 
                101(a)(27)(J) of such Act.
                    (D) Applications for visas or status under section 
                101(a)(15)(U) of such Act.
                    (E) Petitions for visas or status under section 
                101(a)(27)(C) of such Act.
                    (F) Applications for asylum under section 208 of 
                such Act.
                    (G) Applications for adjustment of status under 
                section 209 of such Act.
                    (H) Petitions for visas or status under section 
                201(b) of such Act.
            (2) Reporting on findings.--Not later than 30 days after 
        the completion of each benefit fraud assessment under paragraph 
        (1), the Secretary shall submit to the Committee on the 
        Judiciary of the House of Representatives and the Committee on 
        the Judiciary of the Senate such assessment and recommendations 
        on how to reduce the occurrence of instances of fraud 
        identified by the assessment.

SEC. 4. EXPEDITIOUS EXPANSION OF ASSIGNMENT OF HOMELAND SECURITY 
              EMPLOYEES TO DIPLOMATIC AND CONSULAR POSTS.

    (a) In General.--Section 428 of the Homeland Security Act of 2002 
(6 U.S.C. 236) is amended--
            (1) in subsection (e)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--Not later than 4 years after the date of 
        the enactment of the Visa Investigation and Social Media 
        Activity Act of 2017, the Secretary shall assign employees of 
        the Department to each diplomatic and consular post at which 
        visas are issued, and shall communicate such assignments to the 
        Secretary of State.''; and
                    (B) by amending paragraph (2)(B) to read as 
                follows:
                    ``(B) Review all such applications and supporting 
                documentation prior to the adjudication of such an 
                application.''; and
            (2) by striking subsection (i).
    (b) Expedited Clearance and Placement of DHS Personnel.--
Notwithstanding any other provision of law, and the processes set forth 
in National Security Defense Directive 38 (dated June 2, 1982) or any 
successor Directive, not later than one year after the date on which 
the Secretary of Homeland Security communicates to the Secretary of 
State the assignment of personnel to a diplomatic or consular post 
under section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 
236(e)), as amended by this Act, the Chief of Mission of such a post 
shall ensure that such personnel have been stationed and accommodated 
at that post and are able to carry out their duties.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $60,000,000 for each of fiscal years 2018 and 2019, which 
shall be used to expedite the implementation of section 428(e) of the 
Homeland Security Act of 2002 (6 U.S.C. 236(e)), as amended by this 
Act.

SEC. 5. GAO REPORT.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct a review and report to Congress on the security of 
nonimmigrant and immigrant visa application processes. Such a review 
shall address--
            (1) how the United States Government conducts security 
        screening and background checks for nonimmigrant and immigrant 
        visa petitions and applications, including the agencies and 
        partners involved and the systems and databases used; and
            (2) how the Departments of Homeland Security and State 
        consider the results of such screening and background checks in 
        adjudicating nonimmigrant and immigrant visa petitions and 
        applications.
    (b) Agency Cooperation.--Each agency involved in the processes for 
conducting and considering the results of such security screening and 
background checks shall fully cooperate with, and provide timely access 
to, the Comptroller General any requests for records and information.
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