Counterterrorism Border Security Enhancement Act

Summary: Counterterrorism Border Security Enhancement Act - Directs the Secretary of Homeland Security (DHS) to conduct an assessment (which shall consider the visa waiver program requirements for travelers and program countries) and report to Congress regarding: (1) needed border security and entry procedures improvements in response to homeland threats from the Islamic State in Iraq and Syria (ISIS), and (2) growing participation by U.S. and European nationals as foreign fighters in Syria and Iraq and in terrorist activity. Amends the Immigration and Nationality Act regarding the visa waiver program to: (1) expand pre-travel clearance procedures, and (2) increase information-sharing requirements, including suspension of countries not fully cooperating with such requirements. Directs the Secretary of State to submit a plan to Congress for training consular officers on visa interviewing techniques that emphasizes counterterrorism efforts.  Directs the Secretary of DHS, the Secretary of State, and the Attorney General (DOJ) to submit to Congress a plan for: (1) increasing the scrutiny of U.S. citizens who have recently traveled to Syria, Iraq, Afghanistan, Pakistan, or Libya; and (2) enhancing DOJ and other federal agency capabilities to investigate, arrest, and prosecute U.S. citizens suspected of engaging in terrorist acts or involvement with a terrorist organization.  Authorizes the Secretary of State to revoke and confiscate any passport issued to a U.S. citizen who is suspected of, or who has demonstrated an intent to engage in, terrorist activities.  Amends the federal criminal code to include adherence to terrorist organizations within the definition of "treason."

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Counterterrorism Border Security 
Enhancement Act''.

SEC. 2. BORDER SECURITY ASSESSMENT.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of State, shall--
            (1) conduct a review and assessment examining how existing 
        border security and entry procedures could be improved and 
        strengthened as a response to--
                    (A) threats to the homeland emanating from the 
                Islamic State in Iraq and Syria (commonly known as 
                ``ISIS''); and
                    (B) growing participation by United States and 
                European nationals as foreign fighters in Syria and 
                Iraq and in terrorist activity; and
            (2) submit a report to Congress containing the results of 
        the assessment conducted pursuant to paragraph (1).
    (b) Focus.--The assessment conducted pursuant to subsection (a) 
shall consider the Visa Waiver Program requirements for travelers and 
program countries, including--
            (1) the information collected from aliens applying for 
        travel authorization through the Electronic System for Travel 
        Authorization and whether additional information, such as dual 
        nationality, travel history, all travel document data, proposed 
        travel plans, and co-traveler information, should be required;
            (2) cooperation by program countries with current 
        information sharing efforts under paragraphs (2)(D), (2)(F), 
        and (9)(D) of section 217(c) of the Immigration and Nationality 
        Act (8 U.S.C. 1187(c)); and
            (3) whether program countries shall be required to 
        establish programs for the collection of advance passenger 
        information to counter terrorist travel.

SEC. 3. VISA WAIVER PROGRAM.

    (a) Electronic System for Travel Authorization.--
            (1) Validity of travel eligibility.--Section 
        217(h)(3)(C)(i) of the Immigration and Nationality Act (8 
        U.S.C. 1187(h)(3)(C)(i)) is amended to read as follows:
                            ``(i) In general.--
                                    ``(I) Rulemaking.--Subject to 
                                subclauses (II) through (IV), the 
                                Secretary of Homeland Security, in 
                                consultation with the Secretary of 
                                State, shall prescribe regulations that 
                                provide for a period, not to exceed 3 
                                years, during which a determination of 
                                initial eligibility to travel under the 
                                program will be valid.
                                    ``(II) Application.--An alien may 
                                submit an application through the 
                                System without imminent travel plans, 
                                at which time the alien will be charged 
                                the fee established under subparagraph 
                                (B).
                                    ``(III) Travel plans.--An alien may 
                                not travel to the United States under 
                                the program unless, before such 
                                travel--
                                            ``(aa) the alien submits or 
                                        updates an application with the 
                                        alien's proposed travel plans; 
                                        and
                                            ``(bb) the Secretary of 
                                        Homeland Security approves 
                                        through the System.
                                    ``(IV) Revocation.--Notwithstanding 
                                any other provision in this section, 
                                the Secretary may revoke approval of 
                                eligibility to travel at any time and 
                                for any reason.''.
            (2) Authority to amend information collected and 
        eligibility questions.--The Secretary of Homeland Security, in 
        consultation with the Secretary of State, is authorized to 
        amend regulations promulgated pursuant to section 217(h)(3) of 
        the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)) to 
        ensure that each applicant is required--
                    (A) to provide biographical information and answer 
                eligibility questions relevant to current security 
                risks identified in the assessment conducted under 
                section 2; and
                    (B) to include information listed in subsection 
                (b)(1) of such section.
    (b) Report on Cooperation.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, and every 6 months thereafter, the 
        Secretary of Homeland Security and the Secretary of State shall 
        jointly submit a report to Congress that--
                    (A) details each Visa Waiver Program country's 
                cooperation with information sharing efforts described 
                in paragraphs (2)(F) and (9)(D) of section 217(c) of 
                the Immigration and Nationality Act (8 U.S.C. 1187(c)); 
                and
                    (B) identifies all the countries that are not fully 
                cooperating with the efforts referred to in 
                subparagraph (A).
            (2) Effect of noncooperation.--
                    (A) In general.--Not later than 30 days after a 
                country designated as a Visa Waiver Program country 
                under section 217(c) of the Immigration and Nationality 
                Act (8 U.S.C. 1187(c)) is identified as not fully 
                cooperating under paragraph (1), the Secretary of 
                Homeland Security--
                            (i) shall terminate such designation; and
                            (ii) may no longer approve any applications 
                        submitted by nationals of such country under 
                        the Electronic System for Travel Authorization.
                    (B) Reinstatement.--Not sooner than 90 days after 
                the Secretary of Homeland Security, in consultation 
                with the Secretary of State, determines that a country 
                described in subparagraph (A) is fully cooperating, the 
                Secretary of Homeland Security may redesignate such 
                country as a Visa Waiver Program country.
    (c) Security Risk Updates.--Section 217(c)(5)(A)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1187(c)(5)(A)(i)) is amended 
by striking the matter preceding subclause (I) and inserting the 
following:
                            ``(i) In general.--Not later than 60 days 
                        after the date of the enactment of the 
                        Counterterrorism Border Security Enhancement 
                        Act, and semiannually thereafter, the Secretary 
                        of Homeland Security, in consultation with the 
                        Secretary of State--''.

SEC. 4. VISA APPLICATION PROCESS.

    The Secretary of State shall submit a plan to Congress for training 
consular officers on visa interviewing techniques that--
            (1) emphasizes counterterrorism efforts; and
            (2) includes any budgetary implications of implementing the 
        plan.

SEC. 5. UNITED STATES CITIZENS ENGAGED IN TERRORIST ACTIVITIES.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, the 
Secretary of State, and the Attorney General shall jointly submit to 
Congress a plan for--
            (1) increasing, upon arrival at any United States port of 
        entry, the scrutiny of private United States citizens who have 
        recently traveled to Syria, Iraq, Afghanistan, Pakistan, or 
        Libya; and
            (2) enhancing the capabilities and authorities of the 
        Department of Justice and other Federal agencies to 
        investigate, arrest, charge, and prosecute United States 
        citizens who are suspected of engaging in terrorist acts or 
        involvement with a terrorist organization, including proposals 
        for legislative action that would enhance such capabilities and 
        authorities.
    (b) Revocation of Passports.--The Act entitled ``An Act To regulate 
the issue and validity of passports, and for other purposes'', approved 
July 3, 1926 (44 Stat. 887; 22 U.S.C. 211a et seq.), is amended by 
adding at the end the following:
    ``Sec. 5.  The Secretary of State may revoke and confiscate any 
passport issued to a United States citizen who--
            ``(1) is suspected of engaging in terrorist activities (as 
        defined in section 212(a)(3)(B)(iv) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv))) outside of the 
        United States; or
            ``(2) has demonstrated an intent to engage in the 
        activities referred to in paragraph (1).''.
    (c) Definition of Treason.--Section 2381 of title 18, United States 
Code, is amended by inserting ``(including terrorist organizations, as 
defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(3)(B)(vi)))'' after ``enemies''.