Values for America · Brief for congressional offices

To the office of U.S. Representative Dina Titus

Re: HR 10106 (119th Congress), VISITOR Act · Latest action (2026-08-13): Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
VFA SI Solution #275 · published 2026-08-18 · https://www.valuesforamerica.com/solutions/275
Office of record (Congress.gov): 2370 Rayburn House Office Building, Washington, DC · (202) 225-5965

Visa Integrity and Congressional Oversight Act of 2025

The measure, as described from the official record: To ensure that visa applicants from certain countries are thoroughly vetted and that Congress has oversight over visa issuance to prevent security threats.

The proposal

Section 1. This Act may be cited as the 'Visa Integrity and Congressional Oversight Act of 2025'. Section 2. Findings. Congress finds that: (a) The visa issuance process is a critical component of national security under Article I, Section 8, Clause 4 of the Constitution. (b) Congress has the power to appropriate funds for the Department of State and to impose conditions on the use of those funds. (c) The President has broad authority over foreign affairs, but Congress retains oversight. Section 3. Reporting Requirements. (a) Not later than 90 days after the effective date, and annually thereafter, the Secretary of State shall submit to the Committees on the Judiciary and Foreign Affairs a report containing: (1) the number of visa applications received from countries designated as state sponsors of terrorism or countries of concern, and the number approved and denied; (2) the average processing time and any security concerns identified; (3) a description of the vetting procedures used. (b) The report shall be unclassified but may include a classified annex. Section 4. GAO Audit. The Comptroller General shall conduct an audit of the visa issuance process for countries of concern every two years, and report to Congress. Section 5. Funding Condition. No funds appropriated to the Department of State for visa processing may be expended unless the Secretary certifies that the reporting requirements of Section 3 have been complied with. Section 6. Sunset. This Act shall expire 5 years after the date of enactment. Section 7. Effective Date. This Act shall take effect 60 days after enactment.

Operative provisions (VFA proposal)

funding source: General appropriations for the Department of State and the Government Accountability Office
funding amount: Such sums as may be necessary, not to exceed $10 million per year
sunset years: 5 years
oversight body: Government Accountability Office and the Committees on the Judiciary and Foreign Affairs
enforcement mechanism: Withholding of funds for visa processing if the Secretary of State fails to certify compliance with Section 3 reporting requirements
effective date: 60 days after enactment

Constitutional basis

Article I, Section 8, Clause 4 (immigration and naturalization)
Article I, Section 9, Clause 7 (appropriations)
Tenth Amendment (reserving powers to states)
Fourth Amendment (privacy concerns addressed by allowing unclassified reports with classified annex)

Concerns with the measure as written:

The original bill may have attempted to directly mandate visa denials or impose conditions on visa issuance that infringe on the President's foreign affairs authority and the executive's discretion over immigration enforcement.
It may have exceeded Congress's enumerated powers by attempting to regulate entry of foreign nationals outside the scope of immigration and naturalization power.

Why both sides can back it (VFA’s assessment)

Democratic priorities: enhanced transparency, oversight, and reporting on visa processes, which aligns with government accountability concerns. Republican priorities: national security focus on state sponsors of terrorism, audit requirements, and funding conditions that ensure compliance with security vetting.

Values for America is a nonpartisan, constitution-first SI think tank. This brief is informational. It is a policy proposal, not law, and it does not support or oppose any candidate or party. Full analysis and sources: https://www.valuesforamerica.com/solutions/275 · Methodology: https://www.valuesforamerica.com/methodology