1.This Act may be cited as the
Secure Travel and Counterterrorism
Partnership Act
.
2.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.
3.Discretionary visa waiver program
expansionSection 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
flexibilityThe Secretary of
Homeland Security, in consultation with the Secretary of State, may waive the
application of paragraph (2)(A) for a country if—
(A)the country meets all existing security
requirements and enhanced security requirements described in section 4 of the
Secure Travel and Counterterrorism
Partnership Act;
(B)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;
(C)there has been a
sustained reduction in visa refusal rates for aliens from the country and
conditions exist to continue such reduction; and
(D)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 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,
may 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)In determining whether
to permit a country to participate in the program, the Secretary of Homeland
Security may consider the estimated rate at which nationals of the country
violate the terms of their visas by remaining in the United States after the
expiration of such
visas.
.
4.Security
enhancements to the visa waiver program
(a)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 informationOperators of
aircraft
;
and
(B)by adding at the
end the following:
(11)Eligibility
determination under the electronic travel authorization
systemBeginning 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 passportsThe 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)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 exchangeThe 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)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)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)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)
(i)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)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)Notwithstanding any other provision of law, no court shall
have jurisdiction to review an eligibility determination under the
System.
(D)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)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.
5.
(a)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)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)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.
6.Authorization of
appropriationsThere are
authorized to be appropriated such sums as may be necessary to carry out this
Act, and the amendments made by this Act.