[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1543 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1543

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2007

  Mr. Emanuel (for himself, Mr. Shimkus, Mr. Wexler, and Ms. Berkley) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committee on Homeland Security, 
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

_______________________________________________________________________

                                 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 ``Visa Waiver Modernization Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States should modernize the visa waiver 
        program by simultaneously--
                    (A) enhancing program security requirements; and
                    (B) extending visa-free travel privileges to 
                nationals of foreign countries that are allies in the 
                war on terrorism; and
            (2) the expansion described in paragraph (1) will--
                    (A) enhance bilateral cooperation on critical 
                counterterrorism and information sharing initiatives;
                    (B) support and expand tourism and business 
                opportunities to enhance long-term economic 
                competitiveness; and
                    (C) strengthen bilateral relationships.

SEC. 3. DISCRETIONARY 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) Nonimmigrant visa refusal rate flexibility.--
                    ``(A) Certification.--On the date on which an air 
                exit system is in place that can verify the departure 
                of not less than 97 percent of foreign nationals that 
                exit through airports of the United States, the 
                Secretary of Homeland Security shall certify to 
                Congress that such air exit system is in place.
                    ``(B) Waiver.--After certification by the Secretary 
                under subparagraph (A), the Secretary of Homeland 
                Security, in consultation with the Secretary of State, 
                may waive the application of paragraph (2)(A) for a 
                country if--
                            ``(i) the country meets all existing 
                        security requirements and enhanced security 
                        requirements described in section 4 of the 
                        Secure Travel and Counterterrorism Partnership 
                        Act;
                            ``(ii) the Secretary of Homeland Security 
                        determines that the totality of the country's 
                        security risk mitigation measures provide 
                        assurance that the country's participation in 
                        the program would not compromise the law 
                        enforcement, security interests, or enforcement 
                        of the immigration laws of the United States;
                            ``(iii) there has been a sustained 
                        reduction in visa refusal rates for aliens from 
                        the country and conditions exist to continue 
                        such reduction; and
                            ``(iv) the country cooperated with the 
                        Government of the United States on 
                        counterterrorism initiatives and information 
                        sharing before the date of its designation as a 
                        program country, and the Secretary of Homeland 
                        Security and the Secretary of State expect such 
                        cooperation will continue.
            ``(9) Discretionary security-related considerations.--
                    ``(A) In general.--In determining whether to waive 
                the application of paragraph (2)(A) for a country, 
                pursuant to paragraph (8), the Secretary of Homeland 
                Security, in consultation with the Secretary of State, 
                shall take into consideration other factors affecting 
                the security of the United States, including--
                            ``(i) airport security standards in the 
                        country;
                            ``(ii) whether the country assists in the 
                        operation of an effective air marshal program;
                            ``(iii) the standards of passports and 
                        travel documents issued by the country; and
                            ``(iv) other security-related factors.
                    ``(B) Overstay rates.--In determining whether to 
                permit a country to participate in the program, the 
                Secretary of Homeland Security shall consider the 
                estimated rate at which''.

SEC. 4. SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM.

    (a) In General.--Section 217 of the Immigration and Nationality Act 
(8 U.S.C. 1187) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Operators of aircraft'' and 
                inserting the following:
            ``(10) Electronic transmission of identification 
        information.--Operators of aircraft''; and
                    (B) by adding at the end the following:
            ``(11) Eligibility determination under the electronic 
        travel authorization system.--Beginning on the date on which 
        the electronic travel authorization system developed under 
        subsection (h)(3) is fully operational, each alien traveling 
        under the program shall, before applying for admission, 
        electronically provide basic biographical information to the 
        system. Upon review of such biographical information, the 
        Secretary of Homeland Security shall determine whether the 
        alien is eligible to travel to the United States under the 
        program.'';
            (2) in subsection (c), as amended by section 3 of this 
        Act--
                    (A) in paragraph (2)--
                            (i) by amending subparagraph (D) to read as 
                        follows:
                    ``(D) Reporting lost and stolen passports.--The 
                government of the country enters into an agreement with 
                the United States to report, or make available through 
                Interpol, to the United States Government information 
                about the theft or loss of passports within a strict 
                time limit and in a manner specified in the 
                agreement.''; and
                            (ii) by adding at the end the following:
                    ``(E) Repatriation of aliens.--The government of 
                the country accepts for repatriation any citizen, 
                former citizen, or national against whom a final 
                executable order of removal is issued not later than 3 
                weeks after the issuance of the final order of removal. 
                Nothing in this subparagraph creates any duty for the 
                United States or any right for any alien with respect 
                to removal or release. Nothing in this subparagraph 
                gives rise to any cause of action or claim under this 
                paragraph or any other law against any official of the 
                United States or of any State to compel the release, 
                removal, or consideration for release or removal of any 
                alien.
                    ``(F) Passenger information exchange.--The 
                government of the country enters into an agreement with 
                the United States to share information regarding 
                whether nationals of that country traveling to the 
                United States represent a threat to the security or 
                welfare of the United States or its citizens.'';.
                    (B) in paragraph (5)--
                            (i) by striking ``Attorney General'' each 
                        place it appears and inserting ``Secretary of 
                        Homeland Security''; and
                            (ii) in subparagraph (A)(i)--
                                    (I) in subclause (II), by striking 
                                ``and'' at the end;
                                    (II) in subclause (III), by 
                                striking the period at the end and 
                                inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                                    ``(IV) shall submit to Congress a 
                                report regarding the implementation of 
                                the electronic travel authorization 
                                system under subsection (h)(3) and the 
                                participation of new countries in the 
                                program through a waiver under 
                                paragraph (8).''; and
                    (C) by adding at the end the following:
            ``(10) Technical assistance.--The Secretary of Homeland 
        Security, in consultation with the Secretary of State, shall 
        provide technical assistance to program countries to assist 
        those countries in meeting the requirements under this 
        section.'';
            (3) in subsection (f)(5), by striking ``of blank'' and 
        inserting ``or loss of''; and
            (4) in subsection (h), by adding at the end the following:
            ``(3) Electronic travel authorization system.--
                    ``(A) System.--The Secretary of Homeland Security, 
                in consultation with the Secretary of State, is 
                authorized to develop and implement a fully automated 
                electronic travel authorization system (referred to in 
                this paragraph as the `System') to collect such basic 
                biographical information as the Secretary of Homeland 
                Security determines to be necessary to determine, in 
                advance of travel, the eligibility of an alien to 
                travel to the United States under the program.
                    ``(B) Fees.--The Secretary of Homeland Security may 
                charge a fee for the use of the System, which shall 
                be--
                            ``(i) set at a level that will ensure 
                        recovery of the full costs of providing and 
                        administering the System; and
                            ``(ii) available to pay the costs incurred 
                        to administer the System.
                    ``(C) Validity.--
                            ``(i) Period.--The Secretary of Homeland 
                        Security, in consultation with the Secretary of 
                        State shall prescribe regulations that provide 
                        for a period, not to exceed 3 years, during 
                        which a determination of eligibility to travel 
                        under the program will be valid. 
                        Notwithstanding any other provision under this 
                        section, the Secretary of Homeland Security may 
                        revoke any such determination at any time and 
                        for any reason.
                            ``(ii) Limitation.--A determination that an 
                        alien is eligible to travel to the United 
                        States under the program is not a determination 
                        that the alien is admissible to the United 
                        States.
                            ``(iii) Judicial review.--Notwithstanding 
                        any other provision of law, no court shall have 
                        jurisdiction to review an eligibility 
                        determination under the System.
                    ``(D) Report.--Not later than 60 days before 
                publishing notice regarding the implementation of the 
                System in the Federal Register, the Secretary of 
                Homeland Security shall submit a report regarding the 
                implementation of the System to--
                            ``(i) the Committee on Homeland Security 
                        and Governmental Affairs of the Senate;
                            ``(ii) the Committee on the Judiciary of 
                        the Senate;
                            ``(iii) the Select Committee on 
                        Intelligence of the Senate;
                            ``(iv) the Committee on Appropriations of 
                        the Senate;
                            ``(v) the Committee on Homeland Security of 
                        the House of Representatives;
                            ``(vi) the Committee on the Judiciary of 
                        the House of Representatives;
                            ``(vii) the Permanent Select Committee on 
                        Intelligence of the House of Representatives; 
                        and
                            ``(viii) the Committee on Appropriations of 
                        the House of Representatives.''.
    (b) Effective Date.--Section 217(a)(11) of the Immigration and 
Nationality Act, as added by subsection (a)(1)(B) shall take effect on 
the date which is 60 days after the date on which the Secretary of 
Homeland Security publishes notice in the Federal Register of the 
requirement of such paragraph.

SEC. 5. EXIT SYSTEM.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
establish an exit system that records the departure on a flight leaving 
the United States of every alien participating in the visa waiver 
program established under section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187).
    (b) System Requirements.--The system established under subsection 
(a) shall--
            (1) match biometric information of the alien against 
        relevant watch lists and immigration information; and
            (2) compare such biometric information against manifest 
        information collected by air carriers on passengers departing 
        the United States to confirm such individuals have departed the 
        United States.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit a report to Congress 
that describes--
            (1) the progress made in developing and deploying the exit 
        system established under this section; and
            (2) the procedures by which the Secretary will improve the 
        manner of calculating the rates of nonimmigrants who violate 
        the terms of their visas by remaining in the United States 
        after the expiration of such visas.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act, and the amendments made by this Act.
                                 <all>