[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5470 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5470

   To clarify the grounds for ineligibility for travel to the United 
  States regarding terrorism risk, to expand the criteria by which a 
  country may be removed from the Visa Waiver Program, to require the 
Secretary of Homeland Security to submit a report on strengthening the 
    Electronic System for Travel Authorization to better secure the 
 international borders of the United States and prevent terrorists and 
instruments of terrorism from entering the United States, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2014

Mrs. Miller of Michigan (for herself, Ms. Jackson Lee, Mr. McCaul, Mr. 
Thompson of Mississippi, Mr. Hudson, Mr. Barber, and Ms. Clarke of New 
    York) 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 clarify the grounds for ineligibility for travel to the United 
  States regarding terrorism risk, to expand the criteria by which a 
  country may be removed from the Visa Waiver Program, to require the 
Secretary of Homeland Security to submit a report on strengthening the 
    Electronic System for Travel Authorization to better secure the 
 international borders of the United States and prevent terrorists and 
instruments of terrorism from entering the United States, 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 Program Improvement Act 
of 2014''.

SEC. 2. GROUNDS FOR INELIGIBILITY FOR TRAVEL TO THE UNITED STATES; 
              REPORTS ON LAW ENFORCEMENT AND SECURITY INTERESTS; 
              CONTINUING QUALIFICATION AND DESIGNATION TERMINATIONS; 
              REPORT ON STRENGTHENING THE ELECTRONIC SYSTEM FOR TRAVEL 
              AUTHORIZATION.

    (a) Grounds for Ineligibility for Travel to the United States; 
Period of Validity.--Section 217 of the Immigration and Nationality Act 
(8 U.S.C. 1187) is amended--
            (1) in subsection (a)(11), by inserting ``, including 
        terrorism risk,'' after ``security risk''; and
            (2) in subsection (h)(3)--
                    (A) in subparagraph (A), by inserting ``, including 
                terrorism risk,'' after ``security risk'';
                    (B) in subparagraph (C), in the second sentence, by 
                inserting before the period at the end the following: 
                ``, or, if the Secretary determines that such is 
                appropriate, may limit such period of eligibility''; 
                and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) Additional reports.--
                            ``(i) Reports on certain limitations on 
                        travel.--Not later than 30 days after the date 
                        of the enactment of this subparagraph and 
                        annually thereafter, the Secretary of Homeland 
                        Security, in consultation with the Secretary of 
                        State, shall submit to the Committee on 
                        Homeland Security and the Committee on the 
                        Judiciary of the House of Representatives and 
                        the Committee on Homeland Security and 
                        Governmental Affairs and the Committee on the 
                        Judiciary of the Senate a report on the number 
                        of individuals, identified by their countries 
                        of citizenship or nationality, who were denied 
                        eligibility to travel under the System or whose 
                        eligibility for such travel was revoked during 
                        the previous year if such individual was 
                        determined, in accordance with subsection 
                        (a)(6), to represent a threat to the security 
                        of the United States.
                            ``(ii) Reports on certain threat 
                        assessments.--Beginning with the first report 
                        under clause (i) of subsection (c)(5)(A) that 
                        is submitted after the date of the enactment of 
                        this subparagraph and periodically thereafter 
                        (together with subsequent reports submitted 
                        under such clause (i)), the Secretary of 
                        Homeland Security, in consultation with the 
                        Director of National Intelligence, shall submit 
                        to the Committee on Homeland Security and the 
                        Committee on the Judiciary of the House of 
                        Representatives and the Committee on Homeland 
                        Security and Governmental Affairs and the 
                        Committee on the Judiciary of the Senate a 
                        report that contains a threat assessment 
                        regarding the compliance of foreign governments 
                        with the agreements described in subparagraphs 
                        (D) and (F) of subsection (c)(2).''.
    (b) Reports on Law Enforcement and Security Interests; Continuing 
Qualification and Designation Terminations.--Subsection (c) of section 
217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended--
            (1) in paragraph (2)(C)(iii)--
                    (A) by striking ``and the Committee on 
                International Relations'' and inserting ``, the 
                Committee on Foreign Affairs, and the Committee on 
                Homeland Security''; and
                    (B) by striking ``and the Committee on Foreign 
                Relations'' and inserting ``, the Committee on Foreign 
                Relations, and the Committee on Homeland Security and 
                Governmental Affairs''; and
            (2) in paragraph (5)--
                    (A) in subparagraph (A)(i)--
                            (i) in subclause (III), by striking ``and'' 
                        at the end;
                            (ii) in subclause (IV), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding after subclause (IV) the 
                        following new subclause:
                                    ``(V) shall submit to Congress a 
                                report regarding the security 
                                parameters described in paragraph 
                                (9).''; and
                    (B) in subparagraph (B), by adding at the end the 
                following new clause:
                            ``(v) Additional program suspension 
                        authority.--If the Secretary of Homeland 
                        Security, in consultation with the Secretary of 
                        State, determines that a country participating 
                        in the visa waiver program has failed to comply 
                        with an agreement under subparagraph (F) of 
                        paragraph (2), the Secretary of Homeland 
                        Security--
                                    ``(I) may suspend a country from 
                                the visa waiver program without prior 
                                notice;
                                    ``(II) shall notify any country 
                                suspended under subclause (I) and 
                                provide justification for the 
                                suspension; and
                                    ``(III) shall restore the suspended 
                                country's participation in the visa 
                                waiver program upon a determination 
                                that the country is in compliance with 
                                the agreement at issue.''.
    (c) Report on Strengthening the Electronic System for Travel 
Authorization.--Not later than 30 days after the date of the enactment 
of this Act, the Secretary of Homeland Security, in consultation with 
the Secretary of State, shall submit to the Committee on Homeland 
Security, the Committee on the Judiciary, and the Committee on Foreign 
Affairs of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs, the Committee on the Judiciary, and 
the Committee on Foreign Relations of the Senate a report on steps to 
strengthen the automated electronic travel authorization system 
(commonly referred to as the ``Electronic System for Travel 
Authorization'') under paragraph (3) of section 217(h) of the 
Immigration and Nationality Act (8 U.S.C. 1187(h)) to better secure the 
international borders of the United States and prevent terrorists and 
instruments of terrorism from entering the United States.
    (d) Time for Report.--The first report required under subclause (V) 
of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (as 
added by subsection (b)(2)(A)(iii) of this section) shall be submitted 
at the same time the next report required under subclause (IV) of such 
section 217(c)(5)(A)(i) is submitted after the date of the enactment of 
this Act.
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