Defend America Act of 2015
A BILL
To ensure that each covered alien receives a thorough background investigation before such alien is admitted to the United States as a refugee, and for other purposes.
Sec. 2 Definitions
Sec. 3 Enhanced screening measures for covered aliens
Sec. 4 State notification
“(9) Before a refugee is resettled in a State, the Secretary of State shall provide the Governor of such State, or the Governor’s designee, with respect to the refugee—
“(A) the full, legal name;
“(B) a physical description, including biometric information;
“(C) relevant biographical information;
“(D) the country of origin; and
“(E) any prior citizenship.”
Sec. 5 Inadmissibility for use of social media to promote terrorism
Sec. 6 Visa Waiver Program security
“(12) Not present in Iraq, Syria, or any other country or area of concern
“(A) In general—Except as provided in subparagraphs (B) and (C)—
“(i) the alien has not been present, at any time on or after March 1, 2011—
“(I) in Iraq or Syria;
“(II) in a country that is designated by the Secretary of State under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405) (as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 40 of the Arms Export Control Act (22 U.S.C. 2780), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or
“(III) in any other country or area of concern designated by the Secretary of Homeland Security under subparagraph (D); and
“(ii) regardless of whether the alien is a national of a program country, the alien is not a national of—
“(I) Iraq or Syria;
“(II) a country that is designated, at the time the alien applies for admission, by the Secretary of State under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405) (as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 40 of the Arms Export Control Act (22 U.S.C. 2780), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or
“(III) any other country that is designated, at the time the alien applies for admission, by the Secretary of Homeland Security under subparagraph (D).
“(B) Certain military personnel and government employees—Subparagraph (A)(i) shall not apply to an alien if the Secretary of Homeland Security determines that the alien was present—
“(i) in order to perform military service in the armed forces of a program country; or
“(ii) in order to carry out official duties as a full-time employee of the government of a program country.
“(C) Waiver—The Secretary of Homeland Security may waive the application of subparagraph (A) with respect to an alien if the Secretary determines that such a waiver is in the law enforcement or national security interests of the United States.
“(D) Countries or areas of concern
“(i) In general—Not later than 60 days after the date of the enactment of this paragraph, the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall determine whether the requirement under subparagraph (A) shall apply to any other country or area.
“(ii) Criteria—In making a determination under clause (i), the Secretary shall consider—
“(I) whether the presence of an alien in the country or area increases the likelihood that the alien is a credible threat to the national security of the United States;
“(II) whether a foreign terrorist organization has a significant presence in the country or area; and
“(III) whether the country or area is a safe haven for terrorists.
“(iii) Annual review—The Secretary shall conduct an annual review of any determination made under clause (i).
“(E) Report—Beginning not later than 1 year after the date of the enactment of this paragraph, and annually thereafter, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Relations of the Senate, the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate that describes each instance in which the Secretary exercised the waiver authority under subparagraph (C) during the previous year.”
“(D) Information sharing agreement—The government of the country, for travel requiring a passport or other government-issued travel document, screens travelers crossing the country’s borders as early in the vetting process as possible using INTERPOL’s Stolen and Lost Travel Documents databases or other means designated by the Secretary of Homeland Security to determine if travelers crossing the country’s borders are using stolen or lost travel documents.”
“(H) INTERPOL screening—Not later than 270 days after the date of the enactment of this subparagraph, except in the case of a country in which there is not an international airport, the government of the country certifies to the Secretary of Homeland Security that, to the maximum extent allowed under the laws of the country, it is screening, for unlawful activity, each person who is not a citizen or national of that country who is admitted to or departs that country, by using relevant databases and notices maintained by INTERPOL, or other means designated by the Secretary of Homeland Security. The requirement under this subparagraph shall not apply to travel between countries within the Schengen Zone.”
“(I) Federal air marshal agreement—The government of the country enters into, and complies with, an agreement with the United States to assist in the operation of an effective Air Marshal Program.
“(J) Aviation standards—The government of the country complies with United States aviation and airport security standards, as determined by the Secretary of Homeland Security.”
“(4) Required security considerations for program designation and continuation—In determining whether a country should be designated as a program country or whether a program country should retain its designation as a program country, the Secretary of Homeland Security shall consider whether the government of the country—
“(A) collects and analyzes the information described in subsection (a)(10), including advance passenger information and passenger name records, and similar information pertaining to flights not bound for the United States, to identify potentially dangerous individuals who may attempt to travel to the United States, and shares such information and the results of such analyses with the Government of the United States;
“(B) collects and analyzes biometric and other information about individuals other than United States nationals who are applying for asylum, refugee status, or another form of non-refoulment protection in such country, and shares such information and the results of such analyses with the Government of the United States;
“(C) shares intelligence about foreign fighters with the United States and with multilateral organizations, such as INTERPOL and EUROPOL; and
“(D) has consistently cooperated with the Government of the United States on counterterrorism initiatives, information sharing, preventing terrorist travel, and extradition to the United States of individuals (including the country’s own nationals) who commit crimes that violate United States law before the date of its designation as a program country, and whether the Secretary of Homeland Security and the Secretary of State believe that such cooperation is likely to continue.”
“(iii) submits a written report to the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on the Judiciary of the Senate, the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the country’s qualification for designation that includes an explanation of such determination.”
“(III) shall submit a written report to the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on the Judiciary of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Select Committee on Intelligence of the Senate regarding the continuation or termination of the country’s designation that includes an explanation of such determination and the effects described in subclause (I);”
“(V) shall submit a report to the committees described in subclause (III) that includes an assessment of—
“(aa) the threat to the national security of the United States of the designation of each country designated as a program country;
“(bb) the compliance of the government of each such country with the requirements under subparagraphs (D) and (F) of paragraph (2); and
“(cc) each such government’s capacity to comply with such requirements.”
“(12) Designation of high risk program countries
“(A) In general—The Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall annually—
“(i) evaluate program countries based on the criteria described in subparagraph (B); and
“(ii) identify any program country from which the admission of nationals under the program would, in the Secretary’s determination, present a high risk to the national security of the United States.
“(B) Criteria—The evaluation of each program country under subparagraph (A)(i) shall include the consideration of—
“(i) the number of nationals of the country determined to be ineligible to travel to the United States under the program during the previous year;
“(ii) 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;
“(iii) the estimated number of nationals of the country who have traveled to Iraq or Syria at any time on or after March 1, 2011, to engage in terrorism;
“(iv) the capacity of the country to combat passport fraud;
“(v) the level of cooperation of the country with the counter-terrorism efforts of the United States;
“(vi) the adequacy of the border and immigration control of the country; and
“(vii) any other criteria that the Secretary of Homeland Security determines to be appropriate.
“(C) Suspension of designation—The Secretary of Homeland Security, in consultation with the Secretary of State, may suspend the designation of a program country based on a determination under subparagraph (A)(ii) that the country presents a high risk to the national security of the United States until the Secretary determines that the country no longer presents such a risk.
“(D) Report—Not later than 60 days after the date of the enactment of this paragraph, and annually thereafter, the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall submit a report to the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on the Judiciary of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Select Committee on Intelligence of the Senate that includes an evaluation and threat assessment of each country determined to present a high risk to the national security of the United States under subparagraph (A).”
“(D) Fraud detection—The Secretary of Homeland Security shall research opportunities to incorporate into the System technology that will detect and prevent fraud and deception in the System.
“(E) Additional and previous countries of citizenship—The Secretary of Homeland Security shall—
“(i) collect from each applicant for admission under this section information on any additional or previous countries of citizenship of such applicant; and
“(ii) take any information collected under clause (i) into account when making determinations regarding the eligibility of the alien for admission under this section.
“(F) Report on certain limitations on travel—Not later than 30 days after the date of the enactment of this subparagraph and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit a report to the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on the Judiciary of the Senate, the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate that describes, for the reporting period—
“(i) the number of individuals who were denied eligibility to travel under the program;
“(ii) the number of individuals whose eligibility for travel under the program;
“(iii) the number of individuals described in clause (i) or (ii) who were determined, under subsection (a)(6), to represent a threat to the national security of the United States; and
“(iv) the country or countries of citizenship of each such individual described in clause (iii).”