Text of Senate Amendment 6231

On 2026-06-24, Senator James Lankford (R-OK) delivered a floor speech titled "Text Of Senate Amendment 6231" in the Senate.

Text of Senate Amendment 6231

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3397-S3398] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6231. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title X, add the following: SEC. 1094. ELECTRONIC VISA UPDATE SYSTEM. (a) In General.--The Secretary shall operate and maintain the electronic visa update system established under the final rule of the Department of Homeland Security entitled ``Establishment of the Electronic Visa Update System (EVUS)'' (81 Fed. Reg. 203 (October 20, 2016)) (referred to in this section as the ``System'') for the purpose of collecting from each designated alien such biographical, travel, and other information as the Secretary considers necessary. (b) Designation of Nonimmigrant Categories.-- (1) In general.--The Secretary shall designate 1 or more nonimmigrant categories the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for purposes of participation in the System by designated aliens. (2) Criteria.--In determining whether to designate a nonimmigrant category under paragraph (1), the Secretary shall take into consideration the following: (A) The rate by which nonimmigrants in such category overstay their visas. (B) The rate by which nonimmigrants in such category comply with the requirements of their visas. (C) The national security interests and public safety of the United States. (3) Notice.--On designation of a nonimmigrant category under this subsection, the Secretary shall publish notice of the designation in the Federal Register. (c) Designation of Countries.-- (1) In general.--The Secretary, in consultation with the Secretary of State, shall designate 1 or more countries for purposes of participation in the System by designated aliens if such country-- (A) has a visa overstay rate that exceeds the rate established pursuant to subparagraph (C) of section 217(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(8)) or a visa refusal rate that exceeds the criteria described in subparagraph (A) of that section; and (B) is not a member of the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187). (2) Considerations.--In determining whether to designate a country under paragraph (1), the Secretary shall take into consideration the following: (A) The number and validity period of United States visas issued to nationals of such country. (B) Any public safety or national security threat posed by nationals of such country to the United States. (C) With respect to citizens of the United States who are present in such country pursuant to nonimmigrant visas, or the equivalent, issued by such country, any requirement that such citizens share biographical, travel, or other information with the government of such country. (D) With respect to nationals of such country who have been ordered removed from the United States, the number of such nationals such country has refused to accept or with respect to whom has unreasonably delayed the return. (3) Publication.--On designation of a country under this subsection, the Secretary shall publish notice of the designation in the Federal Register. (d) Required Use of System.-- (1) In general.--Subject to paragraph (6), a designated alien shall-- (A) not later than 5 days after the date on which a nonimmigrant visa is issued to the designated alien, enroll in the System; and (B) not more frequently than every 180 days, as required by the Secretary, submit to the System-- (i) such biographical, travel, and other information as the Secretary may reasonably require; and (ii) a copy of the designated alien's passport or other government-issued document establishing the citizenship or nationality of the designated alien. (2) Other submissions.--Notwithstanding paragraph (1)(B), the Secretary may, at any time, require a designated alien to submit the items described in clauses (i) and (ii) of that paragraph if the Secretary determines that such submission is required due to the discovery of new derogatory information regarding such designated alien or if the submission of such items is in the national security interests of the United States. (3) Publication.--The Secretary shall publish in the Federal Register notice of-- (A) the requirements for the submission of information under paragraph (1), including-- (i) associated timelines; and (ii) a list of circumstances in which a designated alien shall be required to update information in the System; and (B) any updates to such requirements. (4) Notice of compliance.-- (A) In general.--In the case of a designated alien who has complied with paragraph (1)(A), the Secretary shall ensure that, not less than 72 hours after the time at which the designated alien so complied, the designated alien receives a confirmation of compliance. (B) Regulations.--The Secretary shall establish, by regulation, procedures requiring a designated alien to timely submit to a carrier traveling to the United States a notice of compliance before the designated alien may board the carrier. (5) Effect of noncompliance.-- (A) In general.--Not later than 15 days after making a finding of noncompliance, the Secretary shall issue a notice of noncompliance to, and revoke the visa of, a designated alien who-- (i) fails to comply with paragraph (1), except to the extent provided in subparagraph (B)(i); (ii) submits fraudulent information under that paragraph; or [[Page S3398]] (iii) remains in the United States after the date on which the designated alien's period of authorized stay or visa validity period has expired. (B) Submission of inaccurate information.-- (i) In general.--In the case of a designated alien who is issued a notice of noncompliance under subparagraph (A)(i) due to submission of inaccurate information-- (I) the Secretary shall-- (aa) issue to the designated alien a notice of noncompliance; (bb) revoke the visa of the designated alien; and (cc) provide the designated alien with an opportunity to correct the inaccurate information; and (II) not later than 14 days after the date of issuance of the notice of noncompliance, the designated alien may correct the inaccurate information concerned. (ii) Rescission of revocation.--The Secretary may rescind a revocation under clause (i) if the designated alien corrects, to the satisfaction of the Secretary, the inaccurate information submitted to the System. (6) Transition period.--In the case of an alien admitted to the United States in a nonimmigrant category that is subsequently designated under subsection (b) after the alien's date of admission or in the case of an alien admitted to the United States in a nonimmigrant category designated under subsection (b) who holds a passport from a country that is subsequently designated under subsection (c) after the alien's date of admission, such alien shall enroll in the System not later than the earlier of-- (A) the date that is 60 days after the date of the applicable designation; or (B) 5 days after the date on which half of the alien's period of authorized stay remains. (e) Fees.-- (1) In general.--The Secretary shall-- (A) charge designated aliens a fee for the use of the System; and (B) not later than 180 days after the date of the enactment of this Act, commence assessment and collection of such fee. (2) Amount.-- (A) In general.--The fee charged under paragraph (1) shall be not less than $10.00 for each use of the System. (B) Adjustment.--The Secretary-- (i) may adjust such fee to ensure recovery of the full direct costs to the Department of Homeland Security of operating and maintaining the System; and (ii) not less than 30 days before the effective date of any such adjustment, shall publish in the Federal Register notice of the adjustment. (3) Account for collections.--Notwithstanding any other provision of law, there is established in the Treasury of the United States a separate account, to be known as the ``Electronic Visa Update System Account'', into which amounts collected under this subsection shall be deposited and made exclusively available for expenses incurred by the Department of Homeland Security in carrying out this section. Amounts so credited shall remain available until expended, without fiscal year limitation, and shall be available in addition to any other appropriated funds. (f) Reports.-- (1) Initial report.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains the following: (A) The number of aliens who have received a notification of compliance under the final rule of the Department of Homeland Security entitled ``Establishment of the Electronic Visa Update System (EVUS)'' (81 Fed. Reg. 203 (October 20, 2016)) since the date on which such final rule was issued. (B) The number of aliens who have received a notification of noncompliance under such final rule. (C) The number of aliens who received such a notification of noncompliance but whose visa was not revoked. (D) The number of aliens who-- (i) received such a notification of noncompliance; but (ii) were permitted to board a carrier traveling to the United States or were admitted to the United States. (E) The number of aliens subject to such final rule who did not timely depart the United States on or before the date on which their period of authorized stay or visa validity period expires. (2) Annual report.--Not later than 1 year after the