II 

113TH CONGRESS 

2D SESSION S. 2869 

To enhance the homeland security of the United States, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2014 

Mr. COATS introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To enhance the homeland security of the United States, 

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 ‘‘Counterterrorism Bor5 der Security Enhancement Act’’. 

6 SEC. 2. BORDER SECURITY ASSESSMENT. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of the enactment of this Act, the Secretary of Home9 land Security, in consultation with the Secretary of State, 

10 shall— 


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1 (1) conduct a review and assessment examining 

2 how existing border security and entry procedures 

3 could be improved and strengthened as a response 

4 to— 

5 (A) threats to the homeland emanating 

6 from the Islamic State in Iraq and Syria (com7 monly known as ‘‘ISIS’’); and 

8 (B) growing participation by United States 

9 and European nationals as foreign fighters in 

10 Syria and Iraq and in terrorist activity; and 

11 (2) submit a report to Congress containing the 

12 results of the assessment conducted pursuant to 

13 paragraph (1). 

14 (b) FOCUS.—The assessment conducted pursuant to 

15 subsection (a) shall consider the Visa Waiver Program re16 quirements for travelers and program countries, includ17 ing— 

18 (1) the information collected from aliens apply19 ing for travel authorization through the Electronic 

20 System for Travel Authorization and whether addi21 tional information, such as dual nationality, travel 

22 history, all travel document data, proposed travel 

23 plans, and co-traveler information, should be re24 quired; 


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1 (2) cooperation by program countries with cur2 rent information sharing efforts under paragraphs 

3 (2)(D), (2)(F), and (9)(D) of section 217(c) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1187(c)); and 

6 (3) whether program countries shall be required 

7 to establish programs for the collection of advance 

8 passenger information to counter terrorist travel. 

9 SEC. 3. VISA WAIVER PROGRAM. 

10 (a) ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZA11 TION.— 

12 (1) VALIDITY OF TRAVEL ELIGIBILITY.—Sec13 tion 217(h)(3)(C)(i) of the Immigration and Nation14 ality Act (8 U.S.C. 1187(h)(3)(C)(i)) is amended to 

15 read as follows: 

16 ‘‘(i) IN GENERAL.— 

17 ‘‘(I) RULEMAKING.—Subject to 

18 subclauses (II) through (IV), the Sec19 retary of Homeland Security, in con20 sultation with the Secretary of State, 

21 shall prescribe regulations that pro22 vide for a period, not to exceed 3 

23 years, during which a determination 

24 of initial eligibility to travel under the 

25 program will be valid. 


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1 ‘‘(II) APPLICATION.—An alien 

2 may submit an application through 

3 the System without imminent travel 

4 plans, at which time the alien will be 

5 charged the fee established under sub6 paragraph (B). 

7 ‘‘(III) TRAVEL PLANS.—An alien 

8 may not travel to the United States 

9 under the program unless, before such 

10 travel— 

11 ‘‘(aa) the alien submits or 

12 updates an application with the 

13 alien’s proposed travel plans; and 

14 ‘‘(bb) the Secretary of 

15 Homeland Security approves 

16 through the System. 

17 ‘‘(IV) REVOCATION.—Notwith18 standing any other provision in this 

19 section, the Secretary may revoke ap20 proval of eligibility to travel at any 

21 time and for any reason.’’. 

22 (2) AUTHORITY TO AMEND INFORMATION COL23 LECTED AND ELIGIBILITY QUESTIONS.—The Sec24 retary of Homeland Security, in consultation with 

25 the Secretary of State, is authorized to amend reguVerDate Sep 11 2014 00:09 Oct 01, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2869.IS S2869

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1 lations promulgated pursuant to section 217(h)(3) of 

2 the Immigration and Nationality Act (8 U.S.C. 

3 1187(h)(3)) to ensure that each applicant is re4 quired— 

5 (A) to provide biographical information 

6 and answer eligibility questions relevant to cur7 rent security risks identified in the assessment 

8 conducted under section 2; and 

9 (B) to include information listed in sub10 section (b)(1) of such section. 

11 (b) REPORT ON COOPERATION.— 

12 (1) IN GENERAL.—Not later than 30 days after 

13 the date of the enactment of this Act, and every 6 

14 months thereafter, the Secretary of Homeland Secu15 rity and the Secretary of State shall jointly submit 

16 a report to Congress that— 

17 (A) details each Visa Waiver Program 

18 country’s cooperation with information sharing 

19 efforts described in paragraphs (2)(F) and 

20 (9)(D) of section 217(c) of the Immigration and 

21 Nationality Act (8 U.S.C. 1187(c)); and 

22 (B) identifies all the countries that are not 

23 fully cooperating with the efforts referred to in 

24 subparagraph (A). 

25 (2) EFFECT OF NONCOOPERATION.— 


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1 (A) IN GENERAL.—Not later than 30 days 

2 after a country designated as a Visa Waiver 

3 Program country under section 217(c) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1187(c)) is identified as not fully cooperating 

6 under paragraph (1), the Secretary of Home7 land Security— 

8 (i) shall terminate such designation; 

9 and 

10 (ii) may no longer approve any appli11 cations submitted by nationals of such 

12 country under the Electronic System for 

13 Travel Authorization. 

14 (B) REINSTATEMENT.—Not sooner than 

15 90 days after the Secretary of Homeland Secu16 rity, in consultation with the Secretary of State, 

17 determines that a country described in subpara18 graph (A) is fully cooperating, the Secretary of 

19 Homeland Security may redesignate such coun20 try as a Visa Waiver Program country. 

21 (c) SECURITY RISK UPDATES.—Section 

22 217(c)(5)(A)(i) of the Immigration and Nationality Act (8 

23 U.S.C. 1187(c)(5)(A)(i)) is amended by striking the mat24 ter preceding subclause (I) and inserting the following: 


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1 ‘‘(i) IN GENERAL.—Not later than 60 

2 days after the date of the enactment of the 

3 Counterterrorism Border Security En4 hancement Act, and semiannually there5 after, the Secretary of Homeland Security, 

6 in consultation with the Secretary of 

7 State—’’. 

8 SEC. 4. VISA APPLICATION PROCESS. 

9 The Secretary of State shall submit a plan to Con10 gress for training consular officers on visa interviewing 

11 techniques that— 

12 (1) emphasizes counterterrorism efforts; and 

13 (2) includes any budgetary implications of im14 plementing the plan. 

15 SEC. 5. UNITED STATES CITIZENS ENGAGED IN TERRORIST 

16 ACTIVITIES. 

17 (a) IN GENERAL.—Not later than 60 days after the 

18 date of the enactment of this Act, the Secretary of Home19 land Security, the Secretary of State, and the Attorney 

20 General shall jointly submit to Congress a plan for— 

21 (1) increasing, upon arrival at any United 

22 States port of entry, the scrutiny of private United 

23 States citizens who have recently traveled to Syria, 

24 Iraq, Afghanistan, Pakistan, or Libya; and 


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1 (2) enhancing the capabilities and authorities of 

2 the Department of Justice and other Federal agen3 cies to investigate, arrest, charge, and prosecute 

4 United States citizens who are suspected of engag5 ing in terrorist acts or involvement with a terrorist 

6 organization, including proposals for legislative ac7 tion that would enhance such capabilities and au8 thorities. 

9 (b) REVOCATION OF PASSPORTS.—The Act entitled 

10 ‘‘An Act To regulate the issue and validity of passports, 

11 and for other purposes’’, approved July 3, 1926 (44 Stat. 

12 887; 22 U.S.C. 211a et seq.), is amended by adding at 

13 the end the following: 

14 ‘‘SEC. 5. The Secretary of State may revoke and con15 fiscate any passport issued to a United States citizen 

16 who— 

17 ‘‘(1) is suspected of engaging in terrorist activi18 ties (as defined in section 212(a)(3)(B)(iv) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1182(a)(3)(B)(iv))) outside of the United States; or 

21 ‘‘(2) has demonstrated an intent to engage in 

22 the activities referred to in paragraph (1).’’. 

23 (c) DEFINITION OF TREASON.—Section 2381 of title 

24 18, United States Code, is amended by inserting ‘‘(includ25 ing terrorist organizations, as defined in section 


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1 212(a)(3)(B)(vi) of the Immigration and Nationality Act 

2 (8 U.S.C. 1182(a)(3)(B)(vi)))’’ after ‘‘enemies’’. 

Æ 


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