Text of Senate Amendment 6231

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: June 24, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

People mentioned: Lankford, James
Committees: Committee on Homeland Security and Governmental Affairs, Committee on the Judiciary, Committee on Foreign Relations

Readable version of the official text

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.

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.

(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.

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;

(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.

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 date of

the enactment of this Act, and annually thereafter, the

Secretary shall submit to the appropriate committees of

Congress a report that contains, for each of the most recent

5 fiscal years, the following:

(A) An identification of the countries and nonimmigrant

visa categories that have been designated under this section.

(B) The number of designated aliens who have received a

notification of compliance under this section.

notification of noncompliance under this section.

(D) The number of designated aliens who have received such

a notification of noncompliance but whose visa was not

revoked.

(E) The number of designated aliens who—

(i) have 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.

(F) The number of designated aliens 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.

(g) Rule of Construction.—Nothing in this section may be

construed as affecting Department of Homeland Security or

Department of State regulations relating to the System that

is in effect as of the date of the enactment of this Act.

(h) Definitions.—In this section:

(1) In general.—Except as otherwise specifically provided,

any term used in this section that is used in the immigration

laws shall have the meaning given such term in the

immigration laws.

(2) Appropriate committees of congress.—The term

“appropriate committees of Congress” means—

(A) the Committee on Homeland Security and Governmental

Affairs, the Committee on the Judiciary, the Committee on

Foreign Relations, and the Committee on Appropriations of the

Senate; and

(B) the Committee on Homeland Security, the Committee on

Oversight and Accountability, the Committee on the Judiciary,

the Committee on Foreign Affairs, and the Committee on

Appropriations of the House of Representatives.

(3) Designated alien.—The term “designated alien” means

an alien who—

(A) has been issued a visa for admission to the United

States as a nonimmigrant in a nonimmigrant category

designated by the Secretary under subsection (b); or

(B) holds a passport, issued by a country designated under

subsection (c), that contains such a visa.

(4) Immigration laws.—The term “immigration laws” has

the meaning given such term in section 101(a)(17) of the

Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).

(5) Secretary.—The term “Secretary” means the Secretary

of Homeland Security.

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