II 

110TH CONGRESS 

1ST SESSION S. 653 

To expand visa waiver program to countries on a probationary basis and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2007 

Mr. VOINOVICH (for himself, Mr. AKAKA, Mr. LUGAR, Ms. MIKULSKI, and Mr. 

STEVENS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To expand visa waiver program to countries on a 

probationary basis and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure Travel and 

5 Counterterrorism Partnership Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) the United States should modernize the visa 

9 waiver program by simultaneously— 


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1 (A) enhancing program security require2 ments; and 

3 (B) extending visa-free travel privileges to 

4 nationals of foreign countries that are allies in 

5 the war on terrorism; and 

6 (2) the expansion described in paragraph (1) 

7 will— 

8 (A) enhance bilateral cooperation on crit9 ical counterterrorism and information sharing 

10 initiatives; 

11 (B) support and expand tourism and busi12 ness opportunities to enhance long-term eco13 nomic competitiveness; and 

14 (C) strengthen bilateral relationships. 

15 SEC. 3. DISCRETIONARY VISA WAIVER PROGRAM EXPAN16 SION. 

17 Section 217(c) of the Immigration and Nationality 

18 Act (8 U.S.C. 1187(c)) is amended by adding at the end 

19 the following: 

20 ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE

21 FLEXIBILITY.—The Secretary of Homeland Security, 

22 in consultation with the Secretary of State, may 

23 waive the application of paragraph (2)(A) for a 

24 country if— 


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1 ‘‘(A) the country meets all existing security 

2 requirements and enhanced security require3 ments described in section 4 of the Secure 

4 Travel and Counterterrorism Partnership Act; 

5 ‘‘(B) the Secretary of Homeland Security 

6 determines that the totality of the country’s se7 curity risk mitigation measures provide assur8 ance that the country’s participation in the pro9 gram would not compromise the law enforce10 ment, security interests, or enforcement of the 

11 immigration laws of the United States; 

12 ‘‘(C) there has been a sustained reduction 

13 in visa refusal rates for aliens from the country 

14 and conditions exist to continue such reduction; 

15 and 

16 ‘‘(D) the country cooperated with the Gov17 ernment of the United States on 

18 counterterrorism initiatives and information 

19 sharing before the date of its designation as a 

20 program country, and the Secretary of Home21 land Security and the Secretary of State expect 

22 such cooperation will continue. 

23 ‘‘(9) DISCRETIONARY SECURITY-RELATED CON24 SIDERATIONS.— 


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1 ‘‘(A) IN GENERAL.—In determining wheth2 er to waive the application of paragraph (2)(A) 

3 for a country, pursuant to paragraph (8), the 

4 Secretary of Homeland Security, in consultation 

5 with the Secretary of State, may take into con6 sideration other factors affecting the security of 

7 the United States, including— 

8 ‘‘(i) airport security standards in the 

9 country; 

10 ‘‘(ii) whether the country assists in 

11 the operation of an effective air marshal 

12 program; 

13 ‘‘(iii) the standards of passports and 

14 travel documents issued by the country; 

15 and 

16 ‘‘(iv) other security-related factors. 

17 ‘‘(B) OVERSTAY RATES.—In determining 

18 whether to permit a country to participate in 

19 the program, the Secretary of Homeland Secu20 rity may consider the estimated rate at which 

21 nationals of the country violate the terms of 

22 their visas by remaining in the United States 

23 after the expiration of such visas.’’. 


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1 SEC. 4. SECURITY ENHANCEMENTS TO THE VISA WAIVER 

2 PROGRAM. 

3 (a) IN GENERAL.—Section 217 of the Immigration 

4 and Nationality Act (8 U.S.C. 1187) is amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘Operators of aircraft’’ and 

7 inserting the following: 

8 ‘‘(10) ELECTRONIC TRANSMISSION OF IDENTI9 FICATION INFORMATION.—Operators of aircraft’’; 

10 and 

11 (B) by adding at the end the following: 

12 ‘‘(11) ELIGIBILITY DETERMINATION UNDER

13 THE ELECTRONIC TRAVEL AUTHORIZATION SYS14 TEM.—Beginning on the date on which the elec15 tronic travel authorization system developed under 

16 subsection (h)(3) is fully operational, each alien 

17 traveling under the program shall, before applying 

18 for admission, electronically provide basic biographi19 cal information to the system. Upon review of such 

20 biographical information, the Secretary of Homeland 

21 Security shall determine whether the alien is eligible 

22 to travel to the United States under the program.’’; 

23 (2) in subsection (c), as amended by section 3 

24 of this Act— 

25 (A) in paragraph (2)— 


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1 (i) by amending subparagraph (D) to 

2 read as follows: 

3 ‘‘(D) REPORTING LOST AND STOLEN PASS4 PORTS.—The government of the country enters 

5 into an agreement with the United States to re6 port, or make available through Interpol, to the 

7 United States Government information about 

8 the theft or loss of passports within a strict 

9 time limit and in a manner specified in the 

10 agreement.’’; and 

11 (ii) by adding at the end the fol12 lowing: 

13 ‘‘(E) REPATRIATION OF ALIENS.—The 

14 government of the country accepts for repatri15 ation any citizen, former citizen, or national 

16 against whom a final executable order of re17 moval is issued not later than 3 weeks after the 

18 issuance of the final order of removal. Nothing 

19 in this subparagraph creates any duty for the 

20 United States or any right for any alien with 

21 respect to removal or release. Nothing in this 

22 subparagraph gives rise to any cause of action 

23 or claim under this paragraph or any other law 

24 against any official of the United States or of 

25 any State to compel the release, removal, or 


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1 consideration for release or removal of any 

2 alien. 

3 ‘‘(F) PASSENGER INFORMATION EX4 CHANGE.—The government of the country en5 ters into an agreement with the United States 

6 to share information regarding whether nation7 als of that country traveling to the United 

8 States represent a threat to the security or wel9 fare of the United States or its citizens.’’; 

10 (B) in paragraph (5)— 

11 (i) by striking ‘‘Attorney General’’ 

12 each place it appears and inserting ‘‘Sec13 retary of Homeland Security’’; and 

14 (ii) in subparagraph (A)(i)— 

15 (I) in subclause (II), by striking 

16 ‘‘and’’ at the end; 

17 (II) in subclause (III), by strik18 ing the period at the end and insert19 ing ‘‘; and’’; and 

20 (III) by adding at the end the 

21 following: 

22 ‘‘(IV) shall submit to Congress a 

23 report regarding the implementation 

24 of the electronic travel authorization 

25 system under subsection (h)(3) and 


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1 the participation of new countries in 

2 the program through a waiver under 

3 paragraph (8).’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(10) TECHNICAL ASSISTANCE.—The Secretary 

6 of Homeland Security, in consultation with the Sec7 retary of State, shall provide technical assistance to 

8 program countries to assist those countries in meet9 ing the requirements under this section.’’; 

10 (3) in subsection (f)(5), by striking ‘‘of blank’’ 

11 and inserting ‘‘or loss of’’; and 

12 (4) in subsection (h), by adding at the end the 

13 following: 

14 ‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION

15 SYSTEM.— 

16 ‘‘(A) SYSTEM.—The Secretary of Home17 land Security, in consultation with the Sec18 retary of State, is authorized to develop and im19 plement a fully automated electronic travel au20 thorization system (referred to in this para21 graph as the ‘System’) to collect such basic bio22 graphical information as the Secretary of 

23 Homeland Security determines to be necessary 

24 to determine, in advance of travel, the eligibility 


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1 of an alien to travel to the United States under 

2 the program. 

3 ‘‘(B) FEES.—The Secretary of Homeland 

4 Security may charge a fee for the use of the 

5 System, which shall be— 

6 ‘‘(i) set at a level that will ensure re7 covery of the full costs of providing and 

8 administering the System; and 

9 ‘‘(ii) available to pay the costs in10 curred to administer the System. 

11 ‘‘(C) VALIDITY.— 

12 ‘‘(i) PERIOD.—The Secretary of 

13 Homeland Security, in consultation with 

14 the Secretary of State shall prescribe regu15 lations that provide for a period, not to ex16 ceed 3 years, during which a determination 

17 of eligibility to travel under the program 

18 will be valid. Notwithstanding any other 

19 provision under this section, the Secretary 

20 of Homeland Security may revoke any 

21 such determination at any time and for 

22 any reason. 

23 ‘‘(ii) LIMITATION.—A determination 

24 that an alien is eligible to travel to the 

25 United States under the program is not a 


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1 determination that the alien is admissible 

2 to the United States. 

3 ‘‘(iii) JUDICIAL REVIEW.—Notwith4 standing any other provision of law, no 

5 court shall have jurisdiction to review an 

6 eligibility determination under the System. 

7 ‘‘(D) REPORT.—Not later than 60 days 

8 before publishing notice regarding the imple9 mentation of the System in the Federal Reg10 ister, the Secretary of Homeland Security shall 

11 submit a report regarding the implementation 

12 of the System to— 

13 ‘‘(i) the Committee on Homeland Se14 curity and Governmental Affairs of the 

15 Senate; 

16 ‘‘(ii) the Committee on the Judiciary 

17 of the Senate; 

18 ‘‘(iii) the Select Committee on Intel19 ligence of the Senate; 

20 ‘‘(iv) the Committee on Appropria21 tions of the Senate; 

22 ‘‘(v) the Committee on Homeland Se23 curity of the House of Representatives; 

24 ‘‘(vi) the Committee on the Judiciary 

25 of the House of Representatives; 


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1 ‘‘(vii) the Permanent Select Com2 mittee on Intelligence of the House of Rep3 resentatives; and 

4 ‘‘(viii) the Committee on Appropria5 tions of the House of Representatives.’’. 

6 (b) EFFECTIVE DATE.—Section 217(a)(11) of the 

7 Immigration and Nationality Act, as added by subsection 

8 (a)(1)(B) shall take effect on the date which is 60 days 

9 after the date on which the Secretary of Homeland Secu10 rity publishes notice in the Federal Register of the re11 quirement of such paragraph. 

12 SEC. 5. EXIT SYSTEM. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of the enactment of this Act, the Secretary of Home15 land Security shall establish an exit system that records 

16 the departure on a flight leaving the United States of 

17 every alien participating in the visa waiver program estab18 lished under section 217 of the Immigration and Nation19 ality Act (8 U.S.C. 1187). 

20 (b) SYSTEM REQUIREMENTS.—The system estab21 lished under subsection (a) shall— 

22 (1) match biometric information of the alien 

23 against relevant watch lists and immigration infor24 mation; and 


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1 (2) compare such biometric information against 

2 manifest information collected by air carriers on pas3 sengers departing the United States to confirm such 

4 individuals have departed the United States. 

5 (c) REPORT.—Not later than 180 days after the date 

6 of the enactment of this Act, the Secretary shall submit 

7 a report to Congress that describes— 

8 (1) the progress made in developing and deploy9 ing the exit system established under this section; 

10 and 

11 (2) the procedures by which the Secretary will 

12 improve the manner of calculating the rates of non13 immigrants who violate the terms of their visas by 

14 remaining in the United States after the expiration 

15 of such visas. 

16 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated such sums 

18 as may be necessary to carry out this Act, and the amend19 ments made by this Act. 

Æ 


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