[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2337 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
                                S. 2337

    To improve homeland security by enhancing the requirements for 
   participation in the Visa Waiver Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 1, 2015

 Mrs. Feinstein (for herself, Mr. Flake, Ms. Heitkamp, Mr. Coats, Mr. 
Heinrich, Mr. Johnson, Mr. Bennet, Ms. Ayotte, Mr. Warner, Ms. Baldwin, 
 Mr. Tester, Mr. King, Ms. Klobuchar, Mrs. Boxer, Mr. Blumenthal, Ms. 
Collins, and Mr. Franken) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To improve homeland security by enhancing the requirements for 
   participation in the Visa Waiver Program, 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 Security 
Enhancement Act''.

SEC. 2. VISA REQUIRED FOR ALIENS WHO RECENTLY TRAVELED TO IRAQ, SYRIA, 
              OR CERTAIN OTHER DESTINATIONS.

    Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 
1187(a)) is amended by adding at the end the following:
            ``(12) Visa required for aliens who have recently traveled 
        to iraq or syria.--
                    ``(A) In general.--A national of a program country 
                is ineligible to travel to the United States under the 
                program if the national has traveled to Iraq or to 
                Syria at any time during the most recent 5-year period.
                    ``(B) Other travel restrictions.--The Secretary of 
                Homeland Security may prohibit a national of a program 
                country from traveling to the United States under the 
                program if the Secretary determines that such national 
                has traveled during the past 5 years to a country in 
                which--
                            ``(i) a designated foreign terrorist 
                        organization has a significant presence; and
                            ``(ii) prohibiting such national from 
                        traveling to the United States under the 
                        program is in the national security interests 
                        of the United States.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph may be construed to otherwise limit the 
                authority of the Secretary of Homeland Security.''.

SEC. 3. ELECTRONIC PASSPORTS REQUIRED FOR VISA WAIVER PROGRAM.

    (a) Requiring the Universal Use of Electronic Passports for 
Participating Visa Waiver Program Countries.--
            (1) In general.--Section 217 of the Immigration and 
        Nationality Act (8 U.S.C. 1187) is amended--
                    (A) in subsection (a), by amending paragraph (3) to 
                read as follows:
            ``(3) Machine-readable, electronic passport.--The alien, at 
        the time of application for admission, is in possession of a 
        valid, unexpired, tamper-resistant, machine-readable passport 
        that incorporates biometric and document authentication 
        identifiers that comply with the applicable biometric and 
        document identifying standards established by the International 
        Civil Aviation Organization.''; and
                    (B) in subsection (c)(2), by amending subparagraph 
                (B) to read as follows:
                    ``(B) Machine-readable, electronic passport 
                program.--The government of the country certifies that 
                it issues to its citizens machine-readable, electronic 
                passports that comply with the requirements set forth 
                in subsection (a)(3).''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date that is 90 days after the date of 
        the enactment of this Act.
            (3) Certification requirement.--Section 303(c) of the 
        Enhanced Border Security and Visa Entry Reform Act of 2002 (8 
        U.S.C. 1732(c)) is amended--
                    (A) in paragraph (1), by striking ``Not later than 
                October 26, 2005, the'' and inserting ``The''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Use of technology standard.--Any alien applying for 
        admission under the Visa Waiver Program established under 
        section 217 of the Immigration and Nationality Act (8 U.S.C. 
        1187) shall present a passport that meets the requirements 
        described in paragraph (1).''.

SEC. 4. INFORMATION SHARING AND COOPERATION BY VISA WAIVER PROGRAM 
              COUNTRIES.

    (a) Required Information Sharing for Visa Waiver Program 
Countries.--
            (1) Information sharing agreements.--
                    (A) Full implementation.--Section 217(c)(2)(F) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1187(c)(2)(F)) is amended by inserting ``, and fully 
                implements within the time frame determined by the 
                Secretary of Homeland Security,'' after ``country 
                enters into''.
                    (B) Federal air marshal agreement.--Section 217(c) 
                of such Act, as amended by subparagraph (A), is further 
                amended--
                            (i) in paragraph (2), by adding at the end 
                        the following:
                    ``(G) Federal air marshal agreement.--The 
                government of the country enters into, and complies 
                with, an agreement with the United States to assist in 
                the operation of an effective Air Marshal Program.
                    ``(H) Aviation standards.--The government of the 
                country complies with United States aviation and 
                airport security standards, as determined by the 
                Secretary of Homeland Security.''; and
                            (ii) in paragraph (9)--
                                    (I) by striking subparagraph (B); 
                                and
                                    (II) by redesignating subparagraphs 
                                (C) and (D) as subparagraphs (B) and 
                                (C), respectively.
                    (C) Failure to fully implement information sharing 
                agreement.--Section 217(c)(5) of such Act (8 U.S.C. 
                1187(c)(5)) is amended--
                            (i) by redesignating subparagraph (C) as 
                        subparagraph (D); and
                            (ii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) Failure to fully implement information 
                sharing agreement.--
                            ``(i) Determination.--If the Secretary of 
                        Homeland Security, in consultation with the 
                        Secretary of State, determines that the 
                        government of a program country has failed to 
                        fully implement the agreements set forth in 
                        paragraph (2)(F), the country shall be 
                        terminated as a program country.
                            ``(ii) Redesignation.--Not sooner than 90 
                        days after the Secretary of Homeland Security, 
                        in consultation with the Secretary of State, 
                        determines that a country that has been 
                        terminated as a program country pursuant to 
                        clause (i) is now in compliance with the 
                        requirement set forth in paragraph (2)(F), the 
                        Secretary of Homeland Security may redesignate 
                        such country as a program country.''.
            (2) Advance passenger information earlier than 1 hour 
        before arrival.--
                    (A) In general.--Section 217(a)(10) of such Act (8 
                U.S.C. 1187(a)(10)) is amended by striking ``not less 
                than one hour prior to arrival'' and inserting ``as 
                soon as practicable, but not later than 1 hour before 
                arriving''.
                    (B) Technical amendment.--Section 217(c)(3) of such 
                Act is amended, in the matter preceding subparagraph 
                (A), by striking ``the initial period'' and inserting 
                ``fiscal year 1989''.
    (b) Factors the Department of Homeland Security Shall Consider for 
Visa Waiver Countries.--
            (1) Consideration of country's capacity to identify 
        dangerous individuals.--Section 217(c)(4) of the Immigration 
        and Nationality Act (8 U.S.C. 1187(c)(4)), is amended to read 
        as follows:
            ``(4) Required security considerations for program 
        designation and continuation.--In determining whether a country 
        should be designated as a program country or whether a program 
        country should retain its designation as a program country, the 
        Secretary of Homeland Security shall consider the following:
                    ``(A) Capacity to collect, analyze, and share data 
                concerning dangerous individuals.--Whether the 
                government of the country--
                            ``(i) collects and analyzes the information 
                        described in subsection (a)(10), including 
                        advance passenger information and passenger 
                        name records, and similar information 
                        pertaining to flights not bound for the United 
                        States, to identify potentially dangerous 
                        individuals who may attempt to travel to the 
                        United States; and
                            ``(ii) shares such information and the 
                        results of such analyses with the Government of 
                        the United States.
                    ``(B) Screening of traveler passports.--Whether the 
                government of the country--
                            ``(i) regularly screens passports of air 
                        travelers against INTERPOL's global database of 
                        Stolen and Lost Travel Documents before 
                        allowing such travelers to enter or board a 
                        flight arriving in or departing from that 
                        country, including a flight destined for the 
                        United States; and
                            ``(ii) regularly and promptly shares 
                        information concerning lost or stolen travel 
                        documents with INTERPOL.
                    ``(C) Biometric exchanges.--Whether the government 
                of the country, in addition to meeting the mandatory 
                qualifications set forth in paragraph (2)--
                            ``(i) collects and analyzes biometric and 
                        other information about individuals other than 
                        United States nationals who are applying for 
                        asylum, refugee status, or another form of non-
                        refoulment protection in such country; and
                            ``(ii) shares the information and the 
                        results of such analyses with the Government of 
                        the United States.
                    ``(D) Information sharing about foreign terrorist 
                fighters.--Whether the government of the country shares 
                intelligence about foreign fighters with the United 
                States and with multilateral organizations, such as 
                INTERPOL and EUROPOL.''.
            (2) Failure to report stolen passports.--Section 217(f)(5) 
        of such Act is amended by inserting ``frequently and promptly'' 
        before ``reporting the theft''.

SEC. 5. BIOMETRIC SUBMISSION BEFORE ENTRY.

    (a) In General.--Section 217(a) of the Immigration and Nationality 
Act (8 U.S.C. 1187(a)), as amended by section 2, is further amended by 
adding at the end the following:
            ``(13) Submission of biometric information.--The Secretary 
        of Homeland Security shall ensure that each alien traveling to 
        the United States under an approved Electronic System for 
        Travel Authorization has submitted biometric information, 
        including photographs and fingerprints, before boarding a 
        conveyance bound for the United States.''.
    (b) Implementation of Biometric Submission.--
            (1) Prioritization.--The Secretary of Homeland Security, in 
        consultation with the Secretary of State, shall prioritize the 
        implementation of the requirements under section 217(a)(13) of 
        the Immigration and Nationality Act, as added by subsection 
        (a), in Visa Waiver Program countries that have a significant 
        number of nationals who have traveled to fight with, or to 
        assist, the group known as the Islamic State of Iraq and the 
        Levant (ISIL).
            (2) Effective date.--The requirements referred to in 
        paragraph (1) shall take effect for all Visa Waiver Program 
        countries not later than 1 year after the date of the enactment 
        of this Act, except that the Secretary of Homeland Security may 
        extend the effective date for additional periods of 6 months 
        (not to exceed a total of 24 months) for particular countries 
        if the Secretary determines that an extension for such a 
        country does not present a significant risk to the national 
        security of the United States.
            (3) Inclusion of biometric information.--Not later than 5 
        years after the date of the enactment of this Act, the 
        Secretary of Homeland Security shall ensure that the 
        information submitted under section 217(a)(13) of the 
        Immigration and Nationality Act includes photographs and 
        fingerprints.
            (4) Compliance.--The Secretary of Homeland Security may 
        determine that a Visa Waiver Program country is in compliance 
        with section 217(a)(13) of the Immigration and Nationality Act, 
        as added by subsection (a), if the country signs and implements 
        an agreement--
                    (A) to collect biometric information from each 
                individual seeking to travel to the United States 
                through the Visa Waiver Program and to share such 
                information with the United States;
                    (B) to compare the biometric information described 
                in subparagraph (A) against the information, including 
                the biometric information, on the prospective 
                traveler's machine readable, electronic passport, 
                before the prospective traveler boards a conveyance 
                bound for the United States; and
                    (C) to inform the Department of Homeland Security 
                of--
                            (i) the results of the comparison described 
                        in subparagraph (B) before the prospective 
                        traveler boards a conveyance bound for the 
                        United States, and
                            (ii) any other information indicating that 
                        the prospective traveler may pose a threat to 
                        the United States.

SEC. 6. VISA WAIVER PROGRAM ADMINISTRATION.

    Section 217(h)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1187(h)(3)(B)) is amended--
            (1) in clause (i), by amending subclause (II) to read as 
        follows:
                                    ``(II) an amount to ensure recovery 
                                of the full costs of providing and 
                                administering the System and 
                                implementing the improvements to the 
                                program provided in the Visa Waiver 
                                Program Security Enhancement Act.''; 
                                and
            (2) by amending clause (ii) to read as follows:
                            ``(ii) Disposition of amounts collected.--
                        Amounts collected under clause (i)(I) shall be 
                        credited to the Travel Promotion Fund 
                        established under subsection (d) of the Trade 
                        Promotion Act of 2009 (22 U.S.C. 2131(d)). 
                        Amounts collected under clause (i)(II) shall be 
                        transferred to the general fund of the Treasury 
                        and made available to pay the costs incurred to 
                        administer the System and the improvements made 
                        by the Visa Waiver Program Security Enhancement 
                        Act. The portion of the fee collected under 
                        clause (i)(II) to recover the costs of 
                        implementing such improvements may only be used 
                        for that purpose.''.
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