[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4100 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4100

To expand visa waiver program to countries on a probationary basis and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2006

Mr. Voinovich (for himself, Mr. Akaka, Mr. Lugar, Ms. Mikulski, and Mr. 
   Santorum) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To expand visa waiver program to countries on a probationary basis 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 ``Secure Travel and Counterterrorism 
Partnership Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that the United States should expand 
the visa waiver program to extend visa-free travel privileges to 
nationals of foreign countries that are allies in the war on terrorism 
as that expansion will--
            (1) enhance bilateral cooperation on critical 
        counterterrorism and information sharing initiatives;
            (2) support and expand tourism and business opportunities 
        to enhance long-term economic competitiveness; and
            (3) strengthen bilateral relationships.

SEC. 3. VISA WAIVER PROGRAM EXPANSION.

    Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 
1187(c)) is amended by adding at the end the following:
            ``(8) Probationary participation of program countries.--
                    ``(A) Requirement to establish.--Notwithstanding 
                any other provision of this section and not later than 
                1 year after the date of the enactment of the Secure 
                Travel and Counterterrorism Partnership Act, the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of State, shall establish a pilot program 
                to permit not more than 5 foreign countries that are 
                not designated as program countries under paragraph (1) 
                to participate in the program.
                    ``(B) Designation as a probationary program 
                country.--A foreign country is eligible to participate 
                in the program under this paragraph if--
                            ``(i) the Secretary of Homeland Security 
                        determines that such participation will not 
                        compromise the security or law enforcement 
                        interests of the United States;
                            ``(ii) that country is close to meeting all 
                        the requirements of paragraph (2) and other 
                        requirements for designation as a program 
                        country under this section and has developed a 
                        feasible strategic plan to meet all such 
                        requirements not later than 3 years after the 
                        date the country begins participation in the 
                        program under this paragraph;
                            ``(iii) that country meets all the 
                        requirements that the Secretary determines are 
                        appropriate to ensure the security and 
                        integrity of travel documents, including 
                        requirements to issue electronic passports that 
                        include biometric information and to promptly 
                        report lost, stolen, or fraudulent passports to 
                        the Government of the United States;
                            ``(iv) that country cooperated with the 
                        Government of the United States on 
                        counterterrorism initiatives and information 
                        sharing before the date of the enactment of 
                        this paragraph; and
                            ``(v) that country has entered into an 
                        agreement with the Government of the United 
                        States by which that country agrees to further 
                        advance United States security interests by 
                        implementing such additional counterterrorism 
                        cooperation and information sharing measures as 
                        may be requested by the Secretary of Homeland 
                        Security, in consultation with the Secretary of 
                        State.
                    ``(C) Considerations for country selection.--
                            ``(i) Visa refusal rates.--The Secretary of 
                        Homeland Security may consider the rate of 
                        refusals of nonimmigrant visitor visas for 
                        nationals of a foreign country in determining 
                        whether to permit that country to participate 
                        in the program under this paragraph but may not 
                        refuse to permit that country to participate in 
                        the program under this paragraph solely on the 
                        basis of such rate unless the Secretary 
                        determines that such rate is a security concern 
                        to the United States.
                            ``(ii) Overstay rates.--The Secretary of 
                        Homeland Security may consider the rate at 
                        which nationals of a foreign country violate 
                        the terms of their visas by remaining in the 
                        United States after the expiration of such a 
                        visa in determining whether to permit that 
                        country to participate in the program under 
                        this paragraph.
                    ``(D) Term of participation.--
                            ``(i) Initial probationary term.--A foreign 
                        country may participate in the program under 
                        this paragraph for an initial term of 3 years.
                            ``(ii) Extension of participation.--The 
                        Secretary of Homeland Security, in consultation 
                        with the Secretary of State, may permit a 
                        country to participate in the program under 
                        this paragraph after the expiration of the 
                        initial term described in clause (i) for 1 
                        additional period of not more than 2 years if 
                        that country--
                                    ``(I) has demonstrated significant 
                                progress toward meeting the 
                                requirements of paragraph (2) and all 
                                other requirements for designation as a 
                                program country under this section;
                                    ``(II) has submitted a plan for 
                                meeting the requirements of paragraph 
                                (2) and all other requirements for 
                                designation as a program country under 
                                this section; and
                                    ``(III) continues to be determined 
                                not to compromise the security or law 
                                enforcement interests of the United 
                                States.
                            ``(iii) Termination of participation.--The 
                        Secretary of Homeland Security may terminate 
                        the participation of a country in the program 
                        under this paragraph at any time if the 
                        Secretary, in consultation with the Secretary 
                        of State, determines that the country--
                                    ``(I) is not in compliance with the 
                                requirements of this paragraph; or
                                    ``(II) is not able to demonstrate 
                                significant and quantifiable progress, 
                                on an annual basis, toward meeting the 
                                requirements of paragraph (2) and all 
                                other requirements for designation as a 
                                program country under this section.
                    ``(E) Technical assistance.--The Secretary of 
                Homeland Security, in consultation with the Secretary 
                of State, shall provide technical guidance to a country 
                that participates in the program under this paragraph 
                to assist that country in meeting the requirements of 
                paragraph (2) and all other requirements for 
                designation as a program country under this section.
                    ``(F) Reporting requirements.--
                            ``(i) Annual report.--The Secretary of 
                        Homeland Security, in consultation with the 
                        Secretary of State, shall submit to Congress an 
                        annual report on the implementation of this 
                        paragraph.
                            ``(ii) Final assessment.--Not later than 30 
                        days after the date that the foreign country's 
                        participation in the program under this 
                        paragraph terminates, the Secretary of Homeland 
                        Security, in consultation with the Secretary of 
                        State, shall submit a final assessment to 
                        Congress regarding the implementation of this 
                        paragraph. Such final assessment shall contain 
                        the recommendations of the Secretary of 
                        Homeland Security and the Secretary of State 
                        regarding permitting additional foreign 
                        countries to participate in the program under 
                        this paragraph.''.

SEC. 4. CALCULATION OF THE RATES OF VISA OVERSTAYS.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Homeland Security shall develop and implement 
procedures to improve the manner in which the rates of nonimmigrants 
who violate the terms of their visas by remaining in the United States 
after the expiration of such a visa are calculated.

SEC. 5. REPORTS.

    (a) Visa Fees.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall review the fee structure for visas issued by the United States 
and submit to Congress a report on that structure, including any 
recommendations of the Comptroller General for improvements to that 
structure.
    (b) Secure Travel Standards.--Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Homeland Security, in 
conjunction with the Secretary of State, shall submit a report to 
Congress that describes plans for enhancing secure travel standards for 
existing visa waiver program countries, including the feasibility of 
instituting an electronic authorization travel system, additional 
passenger information exchanges, and enhanced airport security 
standards.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 2007 through 2013 to carry out 
this Act and the amendment made by this Act.
                                 <all>