[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4550 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4550

To secure the visa waiver program under section 217 of the Immigration 
              and Nationality Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2004

 Mr. Turner of Texas (for himself, Mr. Frank of Massachusetts, and Mr. 
   Berman) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To secure the visa waiver program under section 217 of the Immigration 
              and Nationality Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe, Efficient, Coordinated, 
Unified, Revitalized, Enhanced Visa Waiver Act''.

SEC. 2. ELECTRONIC SUBMISSION OF BIOGRAPHICAL INFORMATION BY VISA 
              WAIVER PARTICIPANTS.

    (a) In General.--The Secretary of Homeland Security shall 
establish, as part of the integrated entry and exit data system 
required under section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), an electronic 
system through which an alien seeking to enter the United States 
without a visa under the visa waiver program described in section 217 
of the Immigration and Nationality Act (8 U.S.C. 1187) is required to 
submit biographical information prior to embarkation.
    (b) Elements.--The electronic system required to be established 
under subsection (a) shall satisfy the following requirements:
            (1) Electronic determination of eligibility.--The system 
        shall include a method for an electronic determination to be 
        made, and an electronic response to be provided, in 30 minutes 
        or less, as to whether or not an alien submitting information 
        as described in subsection (a) is eligible to be admitted to 
        the United States as a nonimmigrant visitor described in 
        section 101(a)(15)(B) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(B)).
            (2) Carrier obligations.--The system shall include a method 
        for requiring--
                    (A) carriers and other corporations described in 
                section 217(a)(5) of such Act (8 U.S.C. 1187(a)(5)) to 
                inquire electronically, prior to an alien passenger's 
                embarkation without a visa, whether the alien has been 
                determined, using the system described in this section, 
                to be eligible for such an admission; and
                    (B) the electronic response to such inquiry to be 
                provided in 90 seconds or less.
            (3) Deployment.--The system shall be deployed as soon as 
        possible after the date of the enactment of this Act.
            (4) Fee.--The Secretary of Homeland Security shall 
        establish a fee to be charged to aliens described in subsection 
        (a) that is set at a level that will ensure the recovery of the 
        full costs of establishing and operating the system.
    (c) Consultation.--In developing the system, the Secretary of 
Homeland Security shall consult with, and allow for the system's review 
by, a private sector group consisting of individuals with expertise in 
travel, tourism, privacy, national security, or computer security 
issues.

SEC. 3. CHANGE TO REQUIREMENT FOR READERS AND SCANNERS AT PORTS OF 
              ENTRY.

    Section 303(b)(2)(A) of the Enhanced Border Security and Visa Entry 
Reform Act (8 U.S.C. 1732(b)(2)(A)) is amended to read as follows:
                    ``(A) In general.--Not later than October 26, 2004, 
                the Secretary of Homeland Security, in consultation 
                with the Secretary of State, shall install at all ports 
                of entry into the United States equipment and software 
                to allow biometric comparison and authentication of all 
                United States visas and other travel and entry 
                documents issued to aliens. Not later than October 26, 
                2005, the Secretary of Homeland Security, in 
                consultation with the Secretary of State, shall install 
                at all ports of entry into the United States equipment 
                and software to allow biometric comparison and 
                authentication of passports issued pursuant to 
                subsection (c)(1).''.

SEC. 4. TECHNOLOGY STANDARD IMPLEMENTATION DEADLINE.

    Section 303(c) of the Enhanced Border Security and Visa Entry 
Reform Act (8 U.S.C. 1732(c)) is amended, in each of paragraphs (1) and 
(2), by striking ``2004,'' and inserting ``2005,''.

SEC. 5. LIMITED GOOD FAITH WAIVER.

    Section 303(c) of the Enhanced Border Security and Visa Entry 
Reform Act (8 U.S.C. 1732(c)) is amended by adding at the end the 
following:
            ``(3) Limited good faith waiver.--
                    ``(A) In general.--The Secretary of Homeland 
                Security, in consultation with the Secretary of State, 
                may grant not more than 2 extensions for a country, and 
                its nationals, of the deadlines in paragraphs (1) and 
                (2), respectively, upon a determination that the 
                country is making substantial progress towards ensuring 
                that the passports the country issues to its nationals 
                satisfy the requirements of paragraph (1). Each such 
                extension shall be for a period not exceeding 6 months.
                    ``(B) Factors.--In determining whether a country is 
                making substantial progress under subparagraph (A), the 
                Secretary of Homeland Security shall take into account 
                the following factors, which shall be certified by the 
                Secretary of State:
                            ``(i) Whether the country has made a good 
                        faith effort to satisfy the requirements of 
                        paragraph (1) not later than October 26, 2005.
                            ``(ii) Whether the country has a program 
                        designed to satisfy the requirements of 
                        paragraph (1) not later than October 26, 2006.
                            ``(iii) Whether the country has commenced a 
                        pilot program under which some number of 
                        passports that satisfy the requirements of 
                        paragraph (1) will be issued before March 26, 
                        2006.
            ``(4) Reports.--
                    ``(A) Initial.--Not later than October 26, 2005, 
                the Secretary of Homeland Security, in consultation 
                with the Secretary of State, shall issue an initial 
                report on the status of countries' progress in meeting 
                the requirements of paragraph (1).
                    ``(B) Final.--Not later than April 25, 2006, the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of State, shall issue a final report on 
                the status of countries' progress in meeting the 
                requirements of paragraph (1).''.

SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.

    Section 303 of the Enhanced Border Security and Visa Entry Reform 
Act (8 U.S.C. 1732) is amended by striking ``Attorney General'' each 
place that term appears and inserting ``Secretary of Homeland 
Security''.
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