1.This Act may be cited as
the Secure Travel and Counterterrorism
Partnership Program Act of 2011
.
2.
(a)Section
217(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(1)) is
amended to read as follows:
(1)Authority to
designate; definitions
(A)The Secretary of Homeland Security, in consultation
with the Secretary of State, may designate any country as a program country if
that country meets the requirements under paragraph (2).
(B)In
this subsection:
(i)Appropriate
congressional committeesThe term appropriate congressional
committees means—
(I)the
Committee on Foreign Relations, the
Committee on Homeland Security and Governmental Affairs, and
the Committee on the
Judiciary of the Senate; and
(II)the
Committee on Foreign Affairs, the Committee on
Homeland Security, and the Committee on the Judiciary of the House of
Representatives.
(ii)The term program country means a country
designated as a program country under subparagraph (A).
(iii)
(I)The term visa overstay rate means, with
respect to a country, the ratio of—
- (aa)the total number
of nationals of that country who were admitted to the United States on the
basis of a nonimmigrant visa whose periods of authorized stay ended during a
fiscal year but who remained unlawfully in the United States beyond such
periods; to
- (bb)the total number
of nationals of that country who were admitted to the United States on the
basis of a nonimmigrant visa during that fiscal year.
(iv)Computation of
visa overstay rateIn determining the visa overstay rate for a
country the Secretary of Homeland Security—
(I)shall utilize
information from all available databases to ensure the accuracy of such rate;
and
(II)shall not
include any visa overstay which incorporates any procedures based on, or are
otherwise based on, race, sex, or disability, unless otherwise specifically
authorized by law or
regulation.
.
(b)Technical and
conforming amendmentsSection 217(c) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)) is amended as follows:
(1)In paragraph
(2)(C)—
(A)in the matter
preceding clause (i), by striking Attorney General,
and
inserting Secretary of Homeland Security,
; and
(B)in clause (iii),
by striking Committee on the Judiciary and the Committee on
International Relations of the House of Representatives and the Committee on
the Judiciary and the Committee on Foreign Relations of the Senate
and
inserting appropriate congressional committees
.
(2)In paragraph
(5)(A)(i)(III), by striking the Committee on the Judiciary, the
Committee on Foreign Affairs, and the Committee on Homeland Security, of the
House of Representatives and the Committee on the Judiciary, the Committee on
Foreign Relations, and the Committee on Homeland Security and Governmental
Affairs of the Senate
and inserting appropriate congressional
committees
.
(3)In paragraph
(7)—
(A)in subparagraph
(D), by striking Attorney General
both places that term appears
and inserting Secretary of Homeland Security
; and
(B)by striking
subparagraph (E).
3.Designation of
program countries based on visa overstay rates
(a)Section 217(c)(2)(A) of the Immigration and Nationality
Act (8 U.S.C. 1187(c)(2)(A)) is amended to read as follows:
(A)Low
nonimmigrant visa overstay rateThe visa overstay rate for that
country was not more than 3 percent during the previous fiscal
year.
.
(b)Section 217(c)(3) of the Immigration and Nationality Act
(8 U.S.C. 1187(c)(3)) is amended to read as follows:
(3)For each fiscal year after the initial period, a country
may not be designated as a program country unless requirements of paragraph
(2)(A) are
met.
.
(c)Section 217(c)(6) of the Immigration and Nationality Act
(8 U.S.C. 1187(c)(6)) is amended to read as follows:
(6)Inapplicability
of judicial reviewNo court shall have jurisdiction to review the
denial of admission to the United States of any alien by the Secretary of
Homeland Security, the Secretary’s computation of a visa overstay rate, or the
designation or nondesignation of a country as a program
country.
.
(d)Section 217(c)(7) of the Immigration and Nationality
Act (8 U.S.C. 1187(c)(7)), as amended by section 2(b)(3), is further
amended—
(1)in the heading,
by striking Visa waiver
information.—
and inserting Reporting
requirement.—
;
(2)by striking
subparagraph (A);
(3)by redesignating
subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C),
respectively;
(4)in subparagraph
(A), as so redesignated—
(A)in the heading,
by striking Reporting
requirement.—
and inserting In general.—
;
(B)in clause (iii),
by striking were refused
and inserting
overstayed
;
(C)in clause
(iv)—
(i)by
striking who were refused
and inserting who
overstayed
; and
(ii)by striking
refused; and
and inserting issued.
; and
(D)by striking clause
(v);
(5)in subparagraph
(B), as so redesignated, by striking subparagraph (B)
and
inserting subparagraph (A)
; and
(6)in subparagraph
(C), as so redesignated, by striking subparagraph (B)
and
inserting subparagraph (A)
.
(e)Section 217(c)(8) of the Immigration and Nationality
Act (8 U.S.C. 1187(c)(8)) is amended to read as follows:
(8)The 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 security requirements of this section;
(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; and
(C)the country
cooperated with the Government of the United States on counterterrorism
initiatives, information sharing, and preventing terrorist travel before the
date of its designation as a program country, and the Secretary of Homeland
Security and the Secretary of State determine that such cooperation will
continue.
.
4.Termination of
designation; probationSection
217(f) of the Immigration and Nationality Act (8 U.S.C. 1187(f)) is amended to
read as follows:
(f)Termination of
designation; probation
(1)In
this subsection:
(A)The term probationary country means a
program country placed in probationary status under paragraph (2)(B).
(B)The term probationary period means the fiscal
year in which a probationary country is placed in probationary status under
paragraph (2)(B).
(C)The term program country has the meaning
given that term in subsection (c)(1)(B).
(D)The term visa overstay rate has the meaning
given that term in subsection (c)(1)(B).
(2)Determination
and notice of disqualification
(A)Upon
a determination by the Secretary of Homeland Security that a program country’s
visa overstay rate was more than 3 percent for the preceding fiscal year or
that the program country is not in compliance with all other program
requirements under subsection (c)(2), the Secretary shall notify the Secretary
of State.
(B)If the Secretary of Homeland Security makes a
determination under subparagraph (A) for a program country, the Secretary of
Homeland Security shall place the program country in probationary status for
the fiscal year following the fiscal year for which such determination was
made.
(3)Actions at
termination of the probationary periodAt the end of the
probationary period of a probationary country, the Secretary of Homeland
Security shall take one of the following actions:
(A)Compliance
during probationary periodThe Secretary shall redesignate the
probationary country as a program country if the Secretary determines that
during the probationary period the probationary country—
(i)had a visa
overstay rate not more than 3 percent; and
(ii)was in
compliance with all other program requirements under subsection (c)(2).
(B)Compliance with
visa overstay rateThe Secretary may redesignate the probationary
country as a program country if the Secretary determines that during the
probationary period the probationary country had a visa overstay rate of not
more than 3 percent.
(C)Noncompliance
with visa overstay rate
(i)Subject to clause (ii), the Secretary shall terminate the
probationary country's participation in the program if the Secretary determines
that during the probationary period the probationary country had a visa
overstay rate of more than 3 percent.
(ii)Additional
probationary periodThe Secretary may waive the application of
clause (i) for the probationary country if the Secretary, in consultation with
the Director of National Intelligence, certifies that the probationary
country’s continued participation in the program does not pose a threat to law
enforcement, security, or enforcement of immigration laws, and place the
country in probationary status for one additional fiscal year.
(4)Actions at the
end of additional probationary periodAt the end of the
additional 1-year period of probation granted to a probationary country
pursuant to subparagraph (C)(ii), the Secretary shall take one of the following
actions:
(A)Compliance
during additional periodThe Secretary shall redesignate the
probationary country as a program country if the Secretary determines that
during such additional period the probationary country had a visa overstay rate
not more than 3 percent.
(B)Noncompliance
during additional periodThe Secretary shall terminate the
probationary country's participation in the program if the Secretary determines
that during such additional period the probationary country had a visa overstay
rate of more than 3 percent.
(5)The termination of a country's participation in the program
under paragraph (3) or (4) shall take effect on the first day of the first
fiscal year following the fiscal year in which the Secretary determines that
such participation shall be terminated. Until such date, nationals of the
country shall remain eligible for a waiver under subsection (a).
(6)Nonapplicability
of certain provisionsParagraphs (3) and (4) shall not apply to a
program country unless the total number of nationals of the program country
that entered the United States during the prior fiscal year exceeds 100.
(7)
(A)In the case of a program country in which an emergency
occurs that the Secretary of Homeland Security, in consultation with the
Secretary of State, determines threatens the law enforcement or security
interests of the United States (including the interest in enforcement of the
immigration laws of the United States), the Secretary of Homeland Security
shall immediately terminate the designation of the country as a program
country.
(B)In this paragraph, the term emergency
means—
(i)the overthrow of
a democratically elected government in the program country;
(ii)war (including
undeclared war, civil war, or other military activity) on the territory of the
program country;
(iii)a severe
breakdown in law and order affecting a significant portion of the program
country's territory;
(iv)a severe
economic collapse in the program country; or
(v)any other
extraordinary event in the program country that threatens the law enforcement
or security interests of the United States (including the interest in
enforcement of the immigration laws of the United States) and where the
country's participation in the program could contribute to that threat.
(C)The
Secretary of Homeland Security may redesignate the country as a program
country, without regard to paragraph (3) or (4) or subsection (c)(2), if the
Secretary, in consultation with the Secretary of State, determines that—
(i)at least 6 months
have elapsed since the effective date of the emergency termination under
subparagraph (A);
(ii)the emergency
that caused the termination has ended; and
(iii)the average visa overstay rate for that
country during the period of termination under this subparagraph was not more
than 3 percent.
(D)Program
suspension authorityThe Director of National Intelligence shall
immediately inform the Secretary of Homeland Security of any current and
credible threat which poses an imminent danger to the United States or its
citizens and originates from a country participating in the visa waiver
program. Upon receiving such notification, the Secretary, in consultation with
the Secretary of State—
(i)may suspend a
program country from the visa waiver program without prior notice;
(ii)shall notify any
country suspended under clause (i) and, to the extent practicable without
disclosing sensitive intelligence sources and methods, provide justification
for the suspension; and
(iii)shall restore
the suspended country’s participation in the visa waiver program upon a
determination that the threat no longer poses an imminent danger to the United
States or its citizens.
(8)Treatment of
nationals after terminationFor purposes of this subsection and
subsection (d)—
(A)nationals of a
country whose designation is terminated under paragraph (3), (4), or (7) shall
remain eligible for a waiver under subsection (a) until the effective date of
such termination; and
(B)a waiver under
this section that is provided to such a national for a period described in
subsection (a)(1) shall not, by such termination, be deemed to have been
rescinded or otherwise rendered invalid, if the waiver is granted prior to such
termination.
.
5.Review of
overstay tracking methodologyNot later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United States shall
conduct a review of the methods used by the Secretary of Homeland
Security—
(1)to track aliens
entering and exiting the United States; and
(2)to detect any
such alien who stays longer than such alien's period of authorized
admission.