[Congressional Record Volume 153, Number 12 (Monday, January 22, 2007)]
[Senate]
[Pages S828-S830]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH (for himself, Mr. Akaka, Mr. Lugar, Ms. 
        Mikulski, and Mr. Stevens):
  S. 342. A bill to expand visa waiver program to countries on a 
probationary basis and for other purposes; to the Committee on the 
Judiciary.
  Mr. VOINOVICH. Mr. President, I rise to introduce The Secure Travel 
and Counterterrorism Partnership Act of 2007, along with my good 
friends Senators Akaka, Lugar, and Mikulski.
  This legislation would expand the U.S. Visa Waiver Program in a way 
that would increase cooperation with key allies in the War on Terror 
while strengthening U.S. national security.
  The bill provides a way for us to expand and improve the Visa Waiver 
Program so that Americans are safer and our Nation is more prosperous 
for years to come.
  This legislation comes at a particularly important time in our 
Nation's history. We are currently facing multiple foreign policy 
challenges in the post-9/11 world. We need the cooperation of several 
allies to combat transnational threats. As such, we are asking our 
friends and allies to contribute more of their troops and resources to 
Iraq, Afghanistan, and other conflicts in the world, so that we can be 
successful. This legislation will help us to solidify key relationships 
and increase goodwill toward the U.S. for years to come, while also 
enhancing travel security standards and safety at home.
  My legislation would authorize the Department of Homeland Security, 
in consultation with the Department of State, to expand the Visa Waiver 
Program to countries that are true friends of America and are prepared 
to do more to help us keep terrorists and criminals out of our borders.
  For those that do not know about the Visa Waiver Program, it was 
established in 1986 to improve relations with U.S. allies and 
strengthen the U.S. economy. The program permitted nationals from the 
selected countries to enter the United States without a visa for up to 
90 days for tourism or business purposes.
  Currently, 27 countries participate in the program, including the 
United Kingdom. No countries have been added to the Visa Waiver Program 
since 1999. But there are a number of newer allies who would also like 
to participate in the Visa Waiver Program and are willing to meet 
strict security requirements and cooperate on counterterrorism 
initiatives.
  Many of these countries were former members of the Soviet Union. They 
were victims of Soviet oppression for years, against their will, and 
despite their desire for freedom. These countries have a unique 
understanding of the struggle for democracy taking place in Iraq and 
Afghanistan. Today, many of these countries have had boots on the 
ground in Iraq and Afghanistan

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and want to help the U.S. combat terrorism and promote democracy.
  Despite their commitments to the principles of freedom and democracy, 
these countries are still paying a price that other countries in the 
West do not pay. Citizens of Portugal, the UK, or Spain can travel 
easily to the U.S., while citizens of Poland, Hungary, and Slovakia are 
given second-class treatment.
  I recently learned of a story involving a young Czech officer who 
served in Iraq with Americans. This soldier wanted to come to America 
to visit the American friends he made during combat operations. But his 
application for a visa was refused. Why? Because his passport included 
a visit to Iraq, the very place he served with American soldiers.
  Many young people from places like Latvia, Estonia, and Bulgaria have 
a positive view of America and hope to visit our country. However, 
their expensive visa applications are frequently rejected, dampening 
their spirits and tainting their image of America. And this view is 
spreading every day.
  By limiting legitimate travel to the U.S., we are risking a loss of 
influence with the future leaders of our closest allies.
  I have been working for many months to develop legislation that will 
expand the Visa Waiver Program, without sacrificing U.S. security. I 
was pleased last November when I heard President Bush announce his 
intention to work with Congress on this issue. On the margins of the 
NATO Summit in Riga, he called on Congress to expand the Visa Waiver 
Program so that we can reward our closest allies for their help and 
friendship.
  I agree with the President--but I want to clarify that visa-free 
travel privileges are not simply a reward for our allies. The true 
reward is the knowledge that we are free and democratic countries 
working together to advance international security. The foremost goal 
of this legislation is to create mutually beneficial partnerships with 
clear national security advantages for the United States.

  By continuing on the current path, we risk marginalizing some of our 
closest allies in the War on Terror and losing the hearts and minds of 
their future leaders and citizens. We have an opportunity to change 
direction in a way that will promote our own national security 
interests and improve control of our borders. The Secure Travel and 
Counterterrorism Partnership Act of 2007 can achieve all of these 
objectives.
  The legislation would give the executive branch the necessary 
authority to expand visa-free travel privileges for up to five new 
countries, for a probationary period of three years.
  In order for a country to participate in the plan, the executive 
branch would first need to certify that the country is cooperative on 
counterterrorism and does not pose a security or law enforcement threat 
to the United States. Prospective countries would also be required to 
take a number of new steps to enhance our common security.
  Prior to participation, the countries would be required to conclude 
new agreements with the United States to further strengthen cooperation 
on counterterrorism and improve information-sharing about critical 
security issues.
  Some might say--if these countries are key allies, aren't they 
cooperating with us already? The answer is yes. They are very 
cooperative. But in today's heightened security environment, there is 
more that each country can do, such as sharing additional sensitive 
information that can help our intelligence community and law 
enforcement agencies investigate threats and combat terrorist activity. 
By negotiating new agreements on counterterrorism and information-
sharing to permit participation in the Visa Waiver Program, we can 
reduce threats to the United States. Additionally, the legislation 
would require the countries to enact a number of significant security 
measures, which would limit illegal entry and unlawful presence in 
their countries and impede travel by terrorists and transnational 
criminals. Security standards required for participation in the program 
would include electronic passports with biometric information, as well 
as prompt reporting of lost, stolen, or fraudulent travel documents to 
the U.S. and Interpol.
  These new requirements would help make the U.S. more secure. 
Expanding the number of participating visa waiver countries would 
increase the number of states meeting common security standards. This 
would allow the United States to shift consular resources used to issue 
visas to other missions with more critical security needs.
  If at any time, participant countries are not complying with these 
requirements, their probationary status in the program could be 
revoked.
  Likewise, if the program is determined to be successful, it could be 
expanded to include additional countries.
  The last part of the legislation is aimed at enhancing security 
requirements for countries who are currently participating in the Visa 
Waiver Program. In this post-9/11 world, the U.S. Government has 
already required additional security measures of participating visa 
waiver countries, such as machine readable passports with biometric 
information. But we can and must do more.
  I was very pleased last November when Homeland Security Secretary 
Chertoff recommended several new measures to further enhance the 
efficiency and security of the Visa Waiver Program. His recommendations 
included an electronic travel authorization system, additional 
passenger information exchanges, common standards for airport security 
and baggage screening, cooperation in the air marshal program, and home 
country assistance in repatriation of any traveler who overstays the 
terms of their visa or violates U.S. law.
  As the Administration works to develop the details of its 
recommendations, my legislation would require that within one year, the 
executive branch provide a report to Congress on its plans for Visa 
Waiver Program improvements.
  In addition to the substantial benefits my legislation would create 
for U.S. foreign relations and homeland security, the bill would also 
advance U.S. economic competitiveness. Visa-free travel to the United 
States has been proven to significantly boost tourism and business, as 
well as airline revenues, and would generate substantial economic 
benefits to the United States well into the future. Additionally, it 
would improve attitudes toward the United States throughout the world, 
which would benefit the U.S. economy and national security for 
generations to come.
  As a member of both the Foreign Relations and the Homeland Security 
and Governmental Affairs Committees, I have studied this issue from 
every angle. I believe the legislation I am introducing presents us 
with a real opportunity to strengthen diplomatic relationships, enhance 
our homeland security, and improve the Visa Waiver Program overall.
  I look forward to working with my colleagues in the Congress and the 
President to move this legislation forward.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 342

       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 ``Secure Travel and 
     Counterterrorism Partnership Act''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that the United States should 
     expand the visa waiver program to extend visa-free travel 
     privileges to nationals of foreign countries that are allies 
     in the war on terrorism as that expansion will--
       (1) enhance bilateral cooperation on critical 
     counterterrorism and information sharing initiatives;
       (2) support and expand tourism and business opportunities 
     to enhance long-term economic competitiveness; and
       (3) strengthen bilateral relationships.

     SEC. 3. VISA WAIVER PROGRAM EXPANSION.

       Section 217(c) of the Immigration and Nationality Act (8 
     U.S.C. 1187(c)) is amended by adding at the end the 
     following:
       ``(8) Probationary participation of program countries.--
       ``(A) Requirement to establish.--Notwithstanding any other 
     provision of this section and not later than 1 year after the 
     date of the enactment of the Secure Travel and 
     Counterterrorism Partnership Act, the Secretary of Homeland 
     Security, in consultation

[[Page S830]]

     with the Secretary of State, shall establish a pilot program 
     to permit not more than 5 foreign countries that are not 
     designated as program countries under paragraph (1) to 
     participate in the program.
       ``(B) Designation as a probationary program country.--A 
     foreign country is eligible to participate in the program 
     under this paragraph if--
       ``(i) the Secretary of Homeland Security determines that 
     such participation will not compromise the security or law 
     enforcement interests of the United States;
       ``(ii) that country is close to meeting all the 
     requirements of paragraph (2) and other requirements for 
     designation as a program country under this section and has 
     developed a feasible strategic plan to meet all such 
     requirements not later than 3 years after the date the 
     country begins participation in the program under this 
     paragraph;
       ``(iii) that country meets all the requirements that the 
     Secretary determines are appropriate to ensure the security 
     and integrity of travel documents, including requirements to 
     issue electronic passports that include biometric information 
     and to promptly report lost, stolen, or fraudulent passports 
     to the Government of the United States;
       ``(iv) that country cooperated with the Government of the 
     United States on counterterrorism initiatives and information 
     sharing before the date of the enactment of this paragraph; 
     and
       ``(v) that country has entered into an agreement with the 
     Government of the United States by which that country agrees 
     to further advance United States security interests by 
     implementing such additional counterterrorism cooperation and 
     information sharing measures as may be requested by the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of State.
       ``(C) Considerations for country selection.--
       ``(i) Visa refusal rates.--The Secretary of Homeland 
     Security may consider the rate of refusals of nonimmigrant 
     visitor visas for nationals of a foreign country in 
     determining whether to permit that country to participate in 
     the program under this paragraph but may not refuse to permit 
     that country to participate in the program under this 
     paragraph solely on the basis of such rate unless the 
     Secretary determines that such rate is a security concern to 
     the United States.
       ``(ii) Overstay rates.--The Secretary of Homeland Security 
     may consider the rate at which nationals of a foreign country 
     violate the terms of their visas by remaining in the United 
     States after the expiration of such a visa in determining 
     whether to permit that country to participate in the program 
     under this paragraph.
       ``(D) Term of participation.--
       ``(i) Initial probationary term.--A foreign country may 
     participate in the program under this paragraph for an 
     initial term of 3 years.
       ``(ii) Extension of participation.--The Secretary of 
     Homeland Security, in consultation with the Secretary of 
     State, may permit a country to participate in the program 
     under this paragraph after the expiration of the initial term 
     described in clause (i) for 1 additional period of not more 
     than 2 years if that country--

       ``(I) has demonstrated significant progress toward meeting 
     the requirements of paragraph (2) and all other requirements 
     for designation as a program country under this section;
       ``(II) has submitted a plan for meeting the requirements of 
     paragraph (2) and all other requirements for designation as a 
     program country under this section; and
       ``(III) continues to be determined not to compromise the 
     security or law enforcement interests of the United States.

       ``(iii) Termination of participation.--The Secretary of 
     Homeland Security may terminate the participation of a 
     country in the program under this paragraph at any time if 
     the Secretary, in consultation with the Secretary of State, 
     determines that the country--

       ``(I) is not in compliance with the requirements of this 
     paragraph; or
       ``(II) is not able to demonstrate significant and 
     quantifiable progress, on an annual basis, toward meeting the 
     requirements of paragraph (2) and all other requirements for 
     designation as a program country under this section.

       ``(E) Technical assistance.--The Secretary of Homeland 
     Security, in consultation with the Secretary of State, shall 
     provide technical guidance to a country that participates in 
     the program under this paragraph to assist that country in 
     meeting the requirements of paragraph (2) and all other 
     requirements for designation as a program country under this 
     section.
       ``(F) Reporting requirements.--
       ``(i) Annual report.--The Secretary of Homeland Security, 
     in consultation with the Secretary of State, shall submit to 
     Congress an annual report on the implementation of this 
     paragraph.
       ``(ii) Final assessment.--Not later than 30 days after the 
     date that the foreign country's participation in the program 
     under this paragraph terminates, the Secretary of Homeland 
     Security, in consultation with the Secretary of State, shall 
     submit a final assessment to Congress regarding the 
     implementation of this paragraph. Such final assessment shall 
     contain the recommendations of the Secretary of Homeland 
     Security and the Secretary of State regarding permitting 
     additional foreign countries to participate in the program 
     under this paragraph.''.

     SEC. 4. CALCULATION OF THE RATES OF VISA OVERSTAYS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall develop 
     and implement procedures to improve the manner in which the 
     rates of nonimmigrants who violate the terms of their visas 
     by remaining in the United States after the expiration of 
     such a visa are calculated.

     SEC. 5. REPORTS.

       (a) Visa Fees.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall review the fee structure for visas issued by the 
     United States and submit to Congress a report on that 
     structure, including any recommendations of the Comptroller 
     General for improvements to that structure.
       (b) Secure Travel Standards.--Not later than 1 year after 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security, in conjunction with the Secretary of 
     State, shall submit a report to Congress that describes plans 
     for enhancing secure travel standards for existing visa 
     waiver program countries, including the feasibility of 
     instituting an electronic authorization travel system, 
     additional passenger information exchanges, and enhanced 
     airport security standards.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary for each of the fiscal years 2007 through 2013 to 
     carry out this Act and the amendment made by this Act.
                                 ______