[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2362 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2362

   To amend the Immigration and Nationality Act to provide enhanced 
 security measures for the Visa Waiver Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2015

  Mr. Johnson introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to provide enhanced 
 security measures for 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 Improvement and 
Terrorist Travel Prevention Act of 2015''.

SEC. 2. ELECTRONIC PASSPORT REQUIREMENT.

    (a) Requirement for Alien To Possess Electronic Passport.--Section 
217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) 
is amended to read as follows:
            ``(3) Passport requirements.--The alien, at the time of 
        application for admission, is in possession of a valid 
        unexpired passport that satisfies the following:
                    ``(A) Machine-readable.--The passport is a machine-
                readable passport that is tamper-resistant, 
                incorporates document authentication identifiers, and 
                otherwise satisfies the internationally accepted 
                standard for machine readability.
                    ``(B) Electronic.--Beginning on April 1, 2016, the 
                passport is an electronic passport that is fraud-
                resistant, contains relevant biographic and biometric 
                information (as determined by the Secretary of Homeland 
                Security), and otherwise satisfies internationally 
                accepted standards for electronic passports.''.
    (b) Requirement for Program Country To Validate Passports.--Section 
217(c)(2)(B) of such Act (8 U.S.C. 1187(c)(2)(B)) is amended to read as 
follows:
                    ``(B) Passport program.--
                            ``(i) Issuance of passports.--The 
                        government of the country certifies that it 
                        issues to its citizens passports described in 
                        subparagraph (A) of subsection (a)(3), and on 
                        or after April 1, 2016, passports described in 
                        subparagraph (B) of subsection (a)(3).
                            ``(ii) Validation of passports.--Not later 
                        than October 1, 2016, the government of the 
                        country certifies that it has in place 
                        mechanisms to validate passports described in 
                        subparagraphs (A) and (B) of subsection (a)(3) 
                        at each key port of entry into that country. 
                        This requirement shall not apply to travel 
                        between countries which fall within the 
                        Schengen Zone.''.
    (c) Conforming Amendment.--Section 303(c) of the Enhanced Border 
Security and Visa Entry Reform Act of 2002 is repealed (8 U.S.C. 
1732(c)).

SEC. 3. RESTRICTION ON USE OF VISA WAIVER PROGRAM FOR ALIENS WHO TRAVEL 
              TO CERTAIN COUNTRIES.

    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:
            ``(12) Not present in iraq, syria, or any other country or 
        area of concern.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C)--
                            ``(i) the alien has not been present, at 
                        any time on or after March 1, 2011--
                                    ``(I) in Iraq or Syria;
                                    ``(II) in a country that is 
                                designated by the Secretary of State 
                                under section 6(j) of the Export 
                                Administration Act of 1979 (50 U.S.C. 
                                2405) (as continued in effect under the 
                                International Emergency Economic Powers 
                                Act (50 U.S.C. 1701 et seq.)), section 
                                40 of the Arms Export Control Act (22 
                                U.S.C. 2780), section 620A of the 
                                Foreign Assistance Act of 1961 (22 
                                U.S.C. 2371), or any other provision of 
                                law, as a country, the government of 
                                which has repeatedly provided support 
                                of acts of international terrorism; or
                                    ``(III) in any other country or 
                                area of concern designated by the 
                                Secretary of Homeland Security under 
                                subparagraph (D); and
                            ``(ii) regardless of whether the alien is a 
                        national of a program country, the alien is not 
                        a national of--
                                    ``(I) Iraq or Syria;
                                    ``(II) a country that is 
                                designated, at the time the alien 
                                applies for admission, by the Secretary 
                                of State under section 6(j) of the 
                                Export Administration Act of 1979 (50 
                                U.S.C. 2405) (as continued in effect 
                                under the International Emergency 
                                Economic Powers Act (50 U.S.C. 1701 et 
                                seq.)), section 40 of the Arms Export 
                                Control Act (22 U.S.C. 2780), section 
                                620A of the Foreign Assistance Act of 
                                1961 (22 U.S.C. 2371), or any other 
                                provision of law, as a country, the 
                                government of which has repeatedly 
                                provided support of acts of 
                                international terrorism; or
                                    ``(III) any other country that is 
                                designated, at the time the alien 
                                applies for admission, by the Secretary 
                                of Homeland Security under subparagraph 
                                (D).
                    ``(B) Certain military personnel and government 
                employees.--Subparagraph (A)(i) shall not apply to an 
                alien if the Secretary of Homeland Security determines 
                that the alien was present--
                            ``(i) in order to perform military service 
                        in the armed forces of a program country; or
                            ``(ii) in order to carry out official 
                        duties as a full time employee of the 
                        government of a program country.
                    ``(C) Waiver.--The Secretary of Homeland Security 
                may waive the application of subparagraph (A) to an 
                alien if the Secretary determines that such a waiver is 
                in the law enforcement or national security interests 
                of the United States.
                    ``(D) Countries or areas of concern.--
                            ``(i) In general.--Not later than 60 days 
                        after the date of the enactment of this 
                        paragraph, the Secretary of Homeland Security 
                        and the Secretary of State, in consultation 
                        with the Director of National Intelligence, 
                        shall determine whether the requirement under 
                        subparagraph (A) shall apply to any country or 
                        area not described in subparagraph (A).
                            ``(ii) Criteria.--In making a determination 
                        under clause (i), the Secretaries shall 
                        consider--
                                    ``(I) whether the presence of an 
                                alien in the country or area increases 
                                the likelihood that the alien is a 
                                credible threat to the national 
                                security of the United States;
                                    ``(II) whether a foreign terrorist 
                                organization has a significant presence 
                                in the country or area; and
                                    ``(III) whether the country or area 
                                is a safe haven for terrorists.
                            ``(iii) Annual review.--The Secretaries 
                        shall conduct a review, on an annual basis, of 
                        any determination made under clause (i).
                    ``(E) Report.--Beginning not later than 1 year 
                after the date of the enactment of this paragraph, and 
                annually thereafter, the Secretary of Homeland Security 
                shall submit a report to the Committee on Homeland 
                Security of the House of Representatives, the Committee 
                on the Judiciary of the House of Representatives, the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives, the Committee on Foreign Affairs of 
                the House of Representatives, the Committee on Homeland 
                Security and Governmental Affairs of the Senate, the 
                Select Committee on Intelligence of the Senate, and the 
                Committee on the Judiciary of the Senate that describes 
                each instance in which the Secretary exercised the 
                waiver authority under subparagraph (C) during the 
                previous year.''.

SEC. 4. DESIGNATION REQUIREMENTS FOR PROGRAM COUNTRIES.

    (a) Reporting Lost and Stolen Passports.--Section 217(c)(2)(D) of 
the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(D)) is amended 
by striking ``within a strict time limit'' and inserting ``not later 
than 24 hours after becoming aware of the theft or loss''.
    (b) Interpol Screening.--Section 217(c)(2) of such Act (8 U.S.C. 
1187(c)(2)), as amended by this Act, is further amended by adding at 
the end the following:
                    ``(G) Interpol screening.--Not later than 270 days 
                after the date of the enactment of this subparagraph, 
                except in the case of a country in which there is not 
                an international airport, the government of the country 
                certifies to the Secretary of Homeland Security that it 
                is screening for unlawful activity, to the maximum 
                extent authorized by the law of such country, each 
                person who is not a citizen or national of that country 
                who is admitted to or departs that country, by using 
                relevant databases and notices maintained by Interpol, 
                or other means designated by the Secretary of Homeland 
                Security. This requirement shall not apply to travel 
                between countries which fall within the Schengen 
                Zone.''.
    (c) Implementation of Passenger Information Exchange Agreement.--
Section 217(c)(2)(F) of such Act (8 U.S.C. 1187(c)(2)(F)) is amended by 
inserting ``, and fully implements such agreement'' before the period 
at the end.
    (d) Termination of Designation.--Section 217(f) of such Act (8 
U.S.C. 1187(f)) is amended by adding at the end the following:
            ``(6) Failure to share information.--
                    ``(A) In general.--If the Secretary of Homeland 
                Security and the Secretary of State jointly determine 
                that the program country is not sharing information, as 
                required by subsection (c)(2)(F), the Secretary of 
                Homeland Security shall terminate the designation of 
                the country as a program country.
                    ``(B) Redesignation.--In the case of a termination 
                under this paragraph, the Secretary of Homeland 
                Security shall redesignate the country as a program 
                country, without regard to paragraph (2) or (3) of 
                subsection (c) or paragraphs (1) through (4), when the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of State, determines that the country is 
                sharing information, as required by subsection 
                (c)(2)(F).
            ``(7) Failure to screen.--
                    ``(A) In general.--Beginning on the date that is 
                270 days after the date of the enactment of this 
                paragraph, if the Secretary of Homeland Security and 
                the Secretary of State jointly determine that the 
                program country is not conducting the screening 
                required by subsection (c)(2)(G), the Secretary of 
                Homeland Security shall terminate the designation of 
                the country as a program country.
                    ``(B) Redesignation.--In the case of a termination 
                under this paragraph, the Secretary of Homeland 
                Security shall redesignate the country as a program 
                country, without regard to paragraph (2) or (3) of 
                subsection (c) or paragraphs (1) through (4), when the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of State, determines that the country is 
                conducting the screening required by subsection 
                (c)(2)(G).''.

SEC. 5. REPORTING REQUIREMENTS.

    (a) In General.--Section 217(c) of the Immigration and Nationality 
Act (8 U.S.C. 1187(c)), as amended by this Act, is further 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)(i)--
                    (A) in subclause (III)--
                            (i) by striking ``the Committee'' and all 
                        that follows through ``of the Senate'' and 
                        inserting ``the Committee on the Judiciary of 
                        the House of Representatives, the Committee on 
                        Foreign Affairs of the House of 
                        Representatives, the Permanent Select Committee 
                        on Intelligence of the House of 
                        Representatives, the Committee on Homeland 
                        Security of the House of Representatives, the 
                        Committee on the Judiciary of the Senate, the 
                        Committee on Foreign Relations of the Senate, 
                        the Select Committee on Intelligence of the 
                        Senate, and the Committee on Homeland Security 
                        and Governmental Affairs of the Senate''; and
                            (ii) by striking ``and'' at the end;
                    (B) in subclause (IV), by striking the period at 
                the end and inserting the following: ``; and''; and
                    (C) by adding at the end the following:
                                    ``(V) shall submit to the 
                                committees described in subclause 
                                (III), a report that includes an 
                                assessment of the threat to the 
                                national security of the United States 
                                of the designation of each country 
                                designated as a program country, 
                                including the compliance of the 
                                government of each such country with 
                                the requirements under subparagraphs 
                                (D) and (F) of paragraph (2), as well 
                                as each such government's capacity to 
                                comply with such requirements.''.
    (b) Date of Submission of First Report.--The Secretary of Homeland 
Security shall submit the first report described in section 
217(c)(5)(A)(i)(V) of the Immigration and Nationality Act, as added by 
subsection (a), not later than 90 days after the date of the enactment 
of this Act.

SEC. 6. HIGH RISK PROGRAM COUNTRIES.

    Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 
1187(c)), as amended by this Act, is further amended by adding at the 
end the following:
            ``(12) Designation of high risk program countries.--
                    ``(A) In general.--The Secretary of Homeland 
                Security, in consultation with the Director of National 
                Intelligence and the Secretary of State, shall evaluate 
                program countries on an annual basis based on the 
                criteria described in subparagraph (B) and shall 
                identify any program country, the admission of 
                nationals from which under the visa waiver program 
                under this section, the Secretary determines presents a 
                high risk to the national security of the United 
                States.
                    ``(B) Criteria.--In evaluating program countries 
                under subparagraph (A), the Secretary of Homeland 
                Security, in consultation with the Director of National 
                Intelligence and the Secretary of State, shall 
                consider--
                            ``(i) the number of nationals of the 
                        country determined to be ineligible to travel 
                        to the United States under the program during 
                        the previous year;
                            ``(ii) the number of nationals of the 
                        country who were identified in United States 
                        Government databases related to the identities 
                        of known or suspected terrorists during the 
                        previous year;
                            ``(iii) the estimated number of nationals 
                        of the country who have traveled to Iraq or 
                        Syria at any time on or after March 1, 2011 to 
                        engage in terrorism;
                            ``(iv) the capacity of the country to 
                        combat passport fraud;
                            ``(v) the level of cooperation of the 
                        country with the counter-terrorism efforts of 
                        the United States;
                            ``(vi) the adequacy of the border and 
                        immigration control of the country; and
                            ``(vii) any other criteria the Secretary of 
                        Homeland Security determines to be appropriate.
                    ``(C) Suspension of designation.--The Secretary of 
                Homeland Security, in consultation with the Secretary 
                of State, may suspend the designation of a program 
                country based on a determination that the country 
                presents a high risk to the national security of the 
                United States under subparagraph (A) until such time as 
                the Secretary determines that the country no longer 
                presents such a risk.
                    ``(D) Report.--Not later than 60 days after the 
                date of the enactment of this paragraph, and annually 
                thereafter, the Secretary of Homeland Security, in 
                consultation with the Director of National Intelligence 
                and the Secretary of State, shall submit a report to 
                the Committee on Homeland Security of the House of 
                Representatives, the Committee on Foreign Affairs of 
                the House of Representatives, the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives, the Committee on the Judiciary of the 
                House of Representatives, the Committee on Homeland 
                Security and Governmental Affairs of the Senate, the 
                Select Committee on Intelligence of the Senate, the 
                Committee on the Judiciary of the Senate, and the 
                Committee on Foreign Relations of the Senate that 
                includes an evaluation and threat assessment of each 
                country determined to present a high risk to the 
                national security of the United States under 
                subparagraph (A).''.

SEC. 7. ENHANCEMENTS TO THE ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION.

    (a) In General.--Section 217(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1187(h)(3)) is amended--
            (1) in subparagraph (C)(i), by inserting after ``any such 
        determination'' the following: ``or shorten the period of 
        eligibility under any such determination'';
            (2) by striking subparagraph (D) and inserting the 
        following:
                    ``(D) Fraud detection.--The Secretary of Homeland 
                Security shall research opportunities to incorporate 
                into the System technology that will detect and prevent 
                fraud and deception in the System.
                    ``(E) Additional and previous countries of 
                citizenship.--The Secretary of Homeland Security shall 
                collect from an applicant for admission pursuant to 
                this section information on any additional or previous 
                countries of citizenship of that applicant. The 
                Secretary shall take any information so collected into 
                account when making determinations as to the 
                eligibility of the alien for admission pursuant to this 
                section.
                    ``(F) Determination of eligibility.--In determining 
                whether an alien is eligible to travel to the United 
                States under the program, the Secretary of Homeland 
                Security shall require the alien to answer a series of 
                questions, to be determined by the Secretary, which 
                shall include questions about the alien's physical and 
                mental health, criminal history, recent international 
                travel, former employment in the United States, former 
                visits to the United States, and any other information 
                that the Secretary considers appropriate.
                    ``(G) Report 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 a report to the 
                Committee on Homeland Security of the House of 
                Representatives, the Committee on the Judiciary of the 
                House of Representatives, the Committee on Foreign 
                Affairs of the House of Representatives, the Committee 
                on Homeland Security and Governmental Affairs of the 
                Senate, the Committee on the Judiciary of the Senate, 
                and the Committee on Foreign Relations of the Senate 
                that identifies--
                            ``(i) the number of individuals who were 
                        denied eligibility to travel under the program, 
                        or whose eligibility for such travel was 
                        revoked during the previous year;
                            ``(ii) the number of such individuals 
                        determined, in accordance with subsection 
                        (a)(6), to represent a threat to the national 
                        security of the United States; and
                            ``(iii) the country or countries of 
                        citizenship of each individual identified under 
                        clause (ii).''.
    (b) Report.--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 a report to the Committee on 
Homeland Security of the House of Representatives, the Committee on the 
Judiciary of the House of Representatives, the Committee on Foreign 
Affairs of the House of Representatives, the Committee on Homeland 
Security and Governmental Affairs of the Senate, the Committee on the 
Judiciary of the Senate, and the Committee on Foreign Relations of the 
Senate that describes the steps taken to strengthen the electronic 
system for travel authorization authorized under section 217(h)(3) of 
the Immigration and Nationality Act (8 U.S.C. 1187(h)(3))) to better 
secure the international borders of the United States and to prevent 
terrorists and instruments of terrorism from entering the United 
States.
    (c) Evaluation of ESTA Questions.--
            (1) Evaluation.--The Secretary of Homeland Security shall 
        regularly evaluate the questions being asked of aliens seeking 
        to travel to the United States under the Electronic System for 
        Travel Authorization.
            (2) Report.--Not later than 30 days after completing an 
        evaluation under paragraph (1), the Secretary shall submit a 
        report to the congressional committees listed in subsection (b) 
        that contains a summary of the results from such evaluation, 
        including any changes made to the questions being asked of 
        aliens described in such paragraph.
    (d) Verification of Data Accuracy.--The Commissioner of U.S. 
Customs and Border Protection, in consultation with the Secretary of 
State, shall constantly assess the data being collected through the 
Electronic System for Travel Authorization to verify the accuracy of 
such data.

SEC. 8. INCREASING THE SECURITY OF AIR TRAVEL.

    (a) Preclearance Readiness Report.--The Commissioner of U.S. 
Customs and Border Protection shall submit a report to the 
congressional committees listed in section 7(b) that identifies--
            (1) the 5 airports in Europe that most closely adhere to 
        the requirements for commencing preclearance operations; and
            (2) the foreign airports that would provide significant 
        national security benefits if immigration and customs support 
        officers were deployed at such airports to assist in the 
        prevention of terrorist and criminal travel.
    (b) Federal Air Marshals.--
            (1) Agreements.--Section 217(c)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1187(c)(2)) is amended by adding at 
        the end the following:
                    ``(G) 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.''.
            (2) Expansion.--The Secretary of Homeland Security shall 
        expand Federal Air Marshal operations to the extent authorized 
        pursuant to agreements negotiated under section 217(c)(2)(G) of 
        the Immigration and Nationality Act, as added by paragraph (1).

SEC. 9. PROVISION OF ASSISTANCE TO NON-PROGRAM COUNTRIES.

    The Secretary of Homeland Security, in consultation with the 
Secretary of State, shall provide assistance in a risk-based manner to 
countries that do not participate in the visa waiver program under 
section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) to 
assist those countries in--
            (1) submitting to Interpol information about the theft or 
        loss of passports of citizens or nationals of such a country; 
        and
            (2) issuing, and validating at the ports of entry of such a 
        country, electronic passports that are fraud-resistant, contain 
        relevant biographic and biometric information (as determined by 
        the Secretary of Homeland Security), and otherwise satisfy 
        internationally accepted standards for electronic passports.

SEC. 10. CLERICAL AMENDMENTS.

    (a) Secretary of Homeland Security.--Section 217 of the Immigration 
and Nationality Act (8 U.S.C. 1187), as amended by this Act, is further 
amended by striking ``Attorney General'' each place such term appears 
(except in subsection (c)(11)(B)) and inserting ``Secretary of Homeland 
Security''.
    (b) Electronic System for Travel Authorization.--Section 217 of the 
Immigration and Nationality Act (8 U.S.C. 1187), as amended this Act, 
is further amended--
            (1) by striking ``electronic travel authorization system'' 
        each place it appears and inserting ``electronic system for 
        travel authorization'';
            (2) in subsection (a), in the heading for paragraph (11), 
        by striking ``electronic travel authorization system'' and 
        inserting ``electronic system for travel authorization''; and
            (3) in subsection (h), in the heading for paragraph (3), by 
        striking ``electronic travel authorization system'' and 
        inserting ``electronic system for travel authorization''.

SEC. 11. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the International Civil Aviation Organization, which is 
        the specialized agency of the United Nations responsible for 
        establishing international standards, specifications, and best 
        practices related to the administration and governance of 
        border controls and inspection formalities, should--
                    (A) establish standards for the introduction of 
                electronic passports (referred to in this section as 
                ``e-passports''); and
                    (B) obligate member countries to utilize e-
                passports as soon as possible; and
            (2) e-passports should be a combined paper and electronic 
        passport that contains biographic and biometric information 
        that can be used to authenticate the identity of travelers 
        through an embedded chip.
                                 <all>