[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2006 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2006

To improve the Nation's homeland security by strengthening the security 
  of the visa waiver program under section 217 of the Immigration and 
                Nationality Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2007

 Mr. Thompson of Mississippi 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 improve the Nation's homeland security by strengthening the security 
  of 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. STRENGTHENING SECURITY OF THE VISA WAIVER PROGRAM.

    (a) Short Title.--This section may be cited as--
            (1) the ``Secure Visa Waiver and Preventing Terrorist 
        Travel Partnership Act''; or
            (2) the ``Secure Visa Waiver Travel Act''.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the United States should improve the Nation's homeland 
        security by strengthening the security of the visa waiver 
        program by--
                    (A) enhancing program security requirements; and
                    (B) extending visa-free travel privileges to 
                nationals of foreign countries--
                            (i) that are actively cooperating with the 
                        United States to prevent terrorist travel, 
                        including sharing counterterrorism and law 
                        enforcement information; and
                            (ii) whose nationals have demonstrated 
                        their compliance with the provisions of the 
                        Immigration and Nationality Act regarding the 
                        purpose and duration of their admission to the 
                        United States; and
            (2) the improvements 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.
    (c) 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 a 
                biometric air exit border security 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 the 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--
                            ``(i) if--
                                    ``(I) the country meets all 
                                existing security requirements and 
                                enhanced security requirements 
                                described in the Secure Visa Waiver 
                                Travel Act;
                                    ``(II) the Secretary of Homeland 
                                Security, in consultation with the 
                                Secretary of State and the Attorney 
                                General, determines that the totality 
                                of the country's security risk 
                                mitigation measures provides assurance 
                                that the country's participation in the 
                                program would not compromise the 
                                homeland security, law enforcement, 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 actively 
                                cooperated with the Government of the 
                                United States to prevent terrorist 
                                travel and enhance our border security, 
                                including sharing counterterrorism and 
                                law enforcement information, 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; 
                                and
                            ``(ii) if--
                                    ``(I) the average number of 
                                refusals of nonimmigrant visitor visas 
                                under section 101(a)(15)(B) for 
                                nationals of that country during the 
                                previous full fiscal year was less than 
                                6 percent; or
                                    ``(II) the total number of 
                                nationals of that country who were 
                                denied admission or who withdrew their 
                                application for admission to the United 
                                States, combined with the total number 
                                of nationals of that country who were 
                                admitted as nonimmigrant visitors but 
                                who violated the terms of such 
                                admission, thereby presenting a 
                                potential security risk, was less that 
                                2 percent of the total number of 
                                nationals of that country who applied 
                                for admission to the United States as 
                                nonimmigrant visitors during the 
                                previous full fiscal year.
            ``(9) Discretionary security-related considerations.--
                    ``(A) In general.--In determining whether to waive 
                the application of paragraph (2)(A) for a country under 
                paragraph (8), the Secretary of Homeland Security, in 
                consultation with the Secretary of State, shall take 
                into consideration other factors affecting the homeland 
                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 
                designate a country as a program country, the Secretary 
                of Homeland Security shall consider whether the 
                estimated rate at which nationals of the country 
                overstay their authorized period of stay in the United 
                States exceeds 2 percent.''.
    (d) Security Enhancements to the Visa Waiver Program.--
            (1) In general.--Section 217 of the Immigration and 
        Nationality Act (8 U.S.C. 1187) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``Operators of aircraft'' 
                        and inserting the following:
            ``(10) Electronic transmission of identification 
        information.--Operators of aircraft''; and
                            (ii) 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 to the system biographical information 
        and such other information as the Secretary of Homeland 
        Security shall deem necessary to determine the eligibility of, 
        and whether there exists a law enforcement or security risk in 
        permitting, the alien to travel to the United States. Upon 
        review of such information, the Secretary of Homeland Security 
        shall determine whether the alien is eligible to travel to the 
        United States under the program.'';
                    (B) in subsection (c), as amended by subsection (c) 
                of this section--
                            (i) 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, not to exceed one week, and in a manner 
                specified in the agreement.''; and
                                    (II) by adding at the end the 
                                following:
                    ``(E) Repatriation of aliens.--The government of a 
                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.'';
                            (ii) in paragraph (5)--
                                    (I) by striking ``Attorney 
                                General'' each place such term appears 
                                and inserting ``Secretary of Homeland 
                                Security''; and
                                    (II) in subparagraph (A)(i)--
                                            (aa) in subclause (II), by 
                                        striking ``and'' at the end;
                                            (bb) in subclause (III)--

                                                    (AA) by striking 
                                                the period at the end 
                                                and inserting ``; 
                                                and''; and

                                                    (BB) by striking 
                                                ``Committee on 
                                                International 
                                                Relations'' and 
                                                inserting ``Committee 
                                                on Foreign Affairs''; 
                                                and

                                            (cc) by adding at the end 
                                        the following:
                                    ``(IV) shall submit to the Congress 
                                a report regarding the participation of 
                                new countries in the program through a 
                                waiver under paragraph (8).''; and
                            (iii) 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. 
        The Secretary of Homeland Security shall ensure that the 
        program office within the Department of Homeland Security is 
        adequately staffed and has resources to be able to provide such 
        technical assistance, in addition to its duties to effectively 
        monitor compliance of the countries participating in the 
        program with all the requirements of the program, including the 
        new requirements imposed under the amendments to this section 
        made by the Secure Visa Waiver Travel Act.'';
                    (C) in subsection (f)(5), by striking ``of blank'' 
                and inserting ``or loss of''; and
                    (D) 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 
                biographical and other information as the Secretary of 
                Homeland Security determines to be necessary to 
                determine, in advance of travel, whether an alien may 
                present a law enforcement or security risk and is 
                eligible to travel to the United States under the 
                program.
                    ``(B) Regulations.--The Secretary of Homeland 
                Security shall promulgate regulations describing this 
                System and the information to be collected before 
                implementation of the System.
                    ``(C) 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.
                    ``(D) 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 and shall revoke such 
                        determination if the country of the traveler's 
                        nationality becomes no longer qualified to 
                        continue in the program.
                            ``(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) Not a determination of visa 
                        eligibility.--A determination by the Secretary 
                        of Homeland Security that an alien who applied 
                        for authorization to travel to the United 
                        States through the System is not eligible to 
                        travel under the program is not a determination 
                        of ineligibility for a visa to travel to the 
                        United States and shall not preclude the alien 
                        from applying for a visa.
                            ``(iv) Judicial review.--Notwithstanding 
                        any other provision of law, no court shall have 
                        jurisdiction to review an eligibility 
                        determination under the System.
                    ``(E) Reports on the electronic travel 
                authorization system.--
                            ``(i) Initial report.--Not later than 60 
                        days before publishing regulations regarding 
                        the implementation of the System in the Federal 
                        Register, the Secretary of Homeland Security 
                        shall submit a report to the Congress regarding 
                        the implementation of the System.
                            ``(ii) Second report.--The Secretary shall 
                        also report to the Congress on the 
                        implementation of the system 18 months after 
                        implementation.''.
            (2) Effective date.--Section 217(a)(11) of the Immigration 
        and Nationality Act, as added by paragraph (1)(A)(ii), 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 under such paragraph.
    (e) Exit System.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall establish a biometric exit system that records the 
        departure on a flight leaving the United States of every alien 
        who departs by air who is participating in the visa waiver 
        program established under section 217 of the Immigration and 
        Nationality Act (8 U.S.C. 1187).
            (2) System requirements.--The system established under 
        paragraph (1) shall--
                    (A) match biometric information of the alien 
                against relevant watch lists and immigration 
                information; and
                    (B) 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.
            (3) Report on exit system.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary shall 
        submit a report to the Congress that describes--
                    (A) the progress made in developing and deploying 
                the exit system established under this subsection; and
                    (B) the procedures by which the Secretary will 
                improve the manner of calculating the rates of 
                nonimmigrants who overstay their authorized period of 
                stay in the United States.
            (4) Annual report on exit data.--Commencing not later than 
        2 years after the date of the enactment of this Act, the 
        Secretary shall submit an annual report to the Congress that 
        provides entry and exit data and overstay rates for nationals 
        of each of the countries participating in the visa waiver 
        program. The report shall also designate which, if any, 
        countries are no longer eligible to participate in the such 
        program under the provisions of section 217(c)(3)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1187(c)(3)(A)).
    (f) Reports to Congress.--Any report to the Congress required by 
this section, or any amendment made by this section, shall be made to 
the following committees:
            (1) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            (2) The Committee on the Judiciary of the Senate.
            (3) The Select Committee on Intelligence of the Senate.
            (4) The Committee on Appropriations of the Senate.
            (5) The Committee on Homeland Security of the House of 
        Representatives.
            (6) The Committee on the Judiciary of the House of 
        Representatives.
            (7) The Permanent Select Committee on Intelligence of the 
        House of Representatives.
            (8) The Committee on Appropriations of the House of 
        Representatives.
            (9) The Committee on Foreign Affairs of the House of 
        Representatives.
            (10) The Committee on Foreign Relations of the Senate.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to such sums as may be necessary to carry out this section 
and the amendments made by this section.
                                 <all>