The publication is reproduced in full below:
SA 5539. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1077. GOLDEN VISA TRANSPARENCY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Select Committee on Intelligence of the Senate;
(E) the Committee on Homeland Security of the House of Representatives;
(F) the Committee on the Judiciary of the House of Representatives;
(G) the Committee on Appropriations of the House of Representatives; and
(H) the Permanent Select Committee on Intelligence of the House of Representatives.
(2) Covered contribution.--The term ``covered contribution'' means--
(A) a monetary donation to, investment in, or any other form of direct or indirect capital transfer, including through the purchase or rental of real estate, to--
(i) the government of a foreign country; or
(ii) any person, business, or entity in such a foreign country; and
(B) a donation to, or endowment of, any activity contributing to the public good in such a foreign country.
(3) Golden visa program.--The term ``golden visa program'' means an immigration, investment, or other program of a foreign country that, in exchange for a covered contribution authorizes the individual making the covered contribution to acquire citizenship in such country or receive any other immigration benefit in the foreign country, including temporary or permanent residence that may serve as the basis for subsequent naturalization.
(4) Visa waiver program.--The term ``visa waiver program'' means the program authorized under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187).
(b) Notification Requirement for Visa Waiver Program Participant Countries That Operate Golden Visa Programs.--
(1) In general.--As a condition of continued participation in the visa waiver program, each foreign country participating in the visa waiver program that operates a golden visa program shall--
(A) not later than 90 days after the date of the enactment of this Act, provide to the Secretary of Homeland Security a description of the laws, regulations, and policies governing the golden visa program of the country, including, as applicable, such laws, regulations, and policies relating to--
(i) the physical presence of the golden visa program applicant in the country;
(ii) residence requirements;
(iii) covered contribution requirements;
(iv) security and background check procedures for applicants and intermediaries;
(v) risk management practices or measures, control systems, and oversight mechanisms;
(vi) information sharing with other foreign countries regarding application rejections;
(vii) anti-money laundering measures; and
(viii) information sharing with the tax residence of the applicant; and
(B) not later than 90 days after the date of the enactment of this Act, provide notice to the Secretary of Homeland Security and the Secretary of State of the name of each individual to whom the foreign country has ever provided citizenship, residence, or any other immigration benefit through such golden visa program before the date of the first such notice;
(C) promptly provide notice to the Secretary of Homeland Security and the Secretary of State of the name of each individual to whom the foreign country provides citizenship, residence, or any other immigration benefit through such golden visa program after the date of the first such notice; and
(D) with respect to each such individual, details regarding--
(i) any identity assumed by the individual before the individual applied for such golden visa program; and
(ii) any identity the individual has assumed since receiving such immigration benefit.
(2) Effect of noncompliance.--The Secretary of Homeland shall suspend from participation in the visa waiver program any foreign country described in paragraph (1) that does not comply with such paragraph.
(3) Procedures to ensure sanctioned individuals are not admitted or paroled into the united states.--The Secretary of Homeland Security and the Secretary of State, in consultation with the Secretary of the Treasury, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall develop procedures to ensure that an individual whose entry into the United States has been prohibited pursuant to sanctions imposed by the United States Government and who has received an immigration benefit through a foreign country's golden visa program is not admitted or paroled into the United States as a national of such foreign country.
(4) Annual report.--
(A) In general.--Not later than 1 year after the date of the enactment of this Act, and at the beginning of each fiscal year thereafter, the Secretary of Homeland Security, the Secretary of State, the Secretary of the Treasury, and the Director of National Intelligence shall jointly submit to the appropriate committees of Congress a report that--
(i) with respect to each visa waiver program participant country that operates a golden visa program, describes the laws, regulations, and policies governing the golden visa program including, as applicable, such laws, regulations, and policies with respect to--
(I) the physical presence of the golden visa program applicant in the country;
(II) residence requirements;
(III) covered contribution requirements;
(IV) security and background check procedures for applicants and intermediaries;
(V) risk management practices or measures, control systems, and oversight mechanisms;
(VI) information sharing with other foreign countries regarding application rejections;
(VII) anti-money laundering measures; and
(VIII) information sharing with the tax residence of an applicant;
(ii) includes the number of individuals whose entry into the United States has been prohibited pursuant to sanctions imposed by the United States Government and who have received an immigration benefit pursuant to a golden visa program of a visa waiver program country, disaggregated by country that granted such benefit;
(iii) with respect to each such individual, a description of the specific type of sanction to which the individual is subject;
(iv) describes the procedures developed and implemented pursuant to paragraph (3); and
(v) includes an intelligence assessment of national security and criminal threats posed by the use of golden visa programs by foreign nationals and by United States citizens.
(B) Form.--Each report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
(c) Modifications to Visa Waiver Program.--Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(H) Operation of golden visa program.--Not later than 90 days after the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, no country that operates a golden visa program may be designated as a program country unless the country submits, as a condition of its participation, the information described in section 1077(b)(1) of such Act.'';
(2) in paragraph (5)--
(A) in subparagraph (A)(i)--
(i) in subclause (IV), by striking ``; and'' and inserting a semicolon;
(ii) by redesignating subclause (V) as subclause (VI); and
(iii) by inserting after subclause (IV) the following:
``(V) shall evaluate whether the program country operates a golden visa program and, as applicable, whether the program country has complied with the requirements of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023; and'';
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B) the following:
``(C) Terminations relating to golden visa programs.--
``(i) In general.--The Secretary of Homeland Security shall immediately terminate the designation of a program country if the country--
``(I) establishes a golden visa program (or in the case of a program country with an existing golden visa program, modifies the golden visa program or the terms and conditions of the golden visa program) without providing to the Secretary the information described in section 1077(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023;
``(II) refuses to provide such information; or
``(III) provides such information but the information is of insufficient quality, as determined by the Secretary.
``(ii) Redesignation.--With respect to a country the designation of which has been terminated under this subparagraph, the Secretary of Homeland Security may redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), if the Secretary of Homeland Security, in consultation with the Secretary of State, determines that--
``(I) the country--
``(aa) has resumed sharing the information described in section 1077(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023; and
``(bb) has shared such information that was withheld before the date of termination and such information that has accumulated since that date; and
``(II) the quality of such information is sufficient, as determined by the Secretary of Homeland Security.''; and
(D) in subparagraph (D)(i), as redesignated, by striking
``subparagraph (A) or (B)'' and inserting ``subparagraph (A),
(B), or (C)''; and
(3) in paragraph (11)(C)--
(A) in clause (iv), by striking ``; and'' and inserting a semicolon;
(B) in clause (v), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(vi) with respect to a subject country that operates a golden visa program--
``(I) an assessment of any threat posed by the golden visa program;
``(II) recommendations to mitigate any such threat; and
``(III) an assessment of the quality of the subject country's information sharing relating to the golden visa program.''; and
(4) by adding at the end the following:
``(13) Definition of golden visa program.--In this subsection, the term `golden visa program' has the meaning given such term in section 1077(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.''.
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SOURCE: Congressional Record Vol. 168, No. 152
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