Sec. 4. Enhanced security screening for higher-risk visa applicants
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Except as provided in paragraph (2), the Secretary of Homeland Security may not approve any application for entry to the United States from an alien who is a national of, or who is applying from, a high-risk country (as defined in section 2(e)) until after— the completion of the congressional review process described in subsection (b); and the enactment of a law that authorizes the termination of the visa moratorium under this subsection. The visa moratorium under paragraph
(1)shall not apply to individuals who are enrolled in the Global Entry trusted traveler program. The Secretary of Homeland Security, the Secretary of State, and the Director of National Intelligence shall jointly submit a report to Congress certifying that— a national security screening process has been established and implemented that significantly improves the Federal Government’s ability to identify security risks posed by aliens from high-risk countries who— seek to travel to the United States; or have been approved for entry to the United States; the process identified in subparagraph
(A)requires a 30-day security assessment for each applicant from high-risk countries; the national security screening process for aliens from high-risk countries will be used to assess the risk posed by applicants from such countries, including a description of such process; the screening process identified in subparagraph
(A)will be used to assess national security risks posed by aliens who are already in the United States or have been approved to enter the United States; the complete biometric entry-exit control system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1221 note) has been fully implemented; all necessary steps have been taken to prevent the national security vulnerability of allowing individuals to overstay a temporary legal status in the United States; and a policy has been implemented to remove aliens that are identified as having overstayed their period of lawful presence in the United States. After the certifications required under paragraph
(A)have been made, Congress may enact a law, based on the information provided, to lift the moratorium described in subsection (a).
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- Pub. L. 104-208
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