I 

108TH CONGRESS 

2D SESSION H. R. 4550

To secure the visa waiver program under section 217 of the Immigration 

and Nationality Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2004

Mr. TURNER of Texas (for himself, Mr. FRANK of Massachusetts, and Mr. 

BERMAN) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL

To secure the visa waiver program under section 217 of 

the Immigration and Nationality Act, 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 ‘‘Safe, Efficient, Coordi5 nated, Unified, Revitalized, Enhanced Visa Waiver Act’’. 

6 SEC. 2. ELECTRONIC SUBMISSION OF BIOGRAPHICAL IN7 FORMATION BY VISA WAIVER PARTICIPANTS. 

8 (a) IN GENERAL.—The Secretary of Homeland Secu9 rity shall establish, as part of the integrated entry and 

10 exit data system required under section 110 of the Illegal 
2

•HR 4550 IH 

1 Immigration Reform and Immigrant Responsibility Act of 

2 1996 (8 U.S.C. 1365a), an electronic system through 

3 which an alien seeking to enter the United States without 

4 a visa under the visa waiver program described in section 

5 217 of the Immigration and Nationality Act (8 U.S.C. 

6 1187) is required to submit biographical information prior 

7 to embarkation. 

8 (b) ELEMENTS.—The electronic system required to 

9 be established under subsection (a) shall satisfy the fol10 lowing requirements: 

11 (1) ELECTRONIC DETERMINATION OF ELIGI12 BILITY.—The system shall include a method for an 

13 electronic determination to be made, and an elec14 tronic response to be provided, in 30 minutes or less, 

15 as to whether or not an alien submitting information 

16 as described in subsection (a) is eligible to be admit17 ted to the United States as a nonimmigrant visitor 

18 described in section 101(a)(15)(B) of the Immigra19 tion and Nationality Act (8 U.S.C. 1101(a)(15)(B)). 

20 (2) CARRIER OBLIGATIONS.—The system shall 

21 include a method for requiring—

22 (A) carriers and other corporations de23 scribed in section 217(a)(5) of such Act (8 

24 U.S.C. 1187(a)(5)) to inquire electronically, 

25 prior to an alien passenger’s embarkation with-
3

•HR 4550 IH 

1 out a visa, whether the alien has been deter2 mined, using the system described in this sec3 tion, to be eligible for such an admission; and 

4 (B) the electronic response to such inquiry 

5 to be provided in 90 seconds or less. 

6 (3) DEPLOYMENT.—The system shall be de7 ployed as soon as possible after the date of the en8 actment of this Act. 

9 (4) FEE.—The Secretary of Homeland Security 

10 shall establish a fee to be charged to aliens described 

11 in subsection (a) that is set at a level that will en12 sure the recovery of the full costs of establishing and 

13 operating the system. 

14 (c) CONSULTATION.—In developing the system, the 

15 Secretary of Homeland Security shall consult with, and 

16 allow for the system’s review by, a private sector group 

17 consisting of individuals with expertise in travel, tourism, 

18 privacy, national security, or computer security issues. 

19 SEC. 3. CHANGE TO REQUIREMENT FOR READERS AND 

20 SCANNERS AT PORTS OF ENTRY. 

21 Section 303(b)(2)(A) of the Enhanced Border Secu22 rity and Visa Entry Reform Act (8 U.S.C. 1732(b)(2)(A)) 

23 is amended to read as follows: 

24 ‘‘(A) IN GENERAL.—Not later than Octo25 ber 26, 2004, the Secretary of Homeland Secu-
4

•HR 4550 IH 

1 rity, in consultation with the Secretary of State, 

2 shall install at all ports of entry into the United 

3 States equipment and software to allow biomet4 ric comparison and authentication of all United 

5 States visas and other travel and entry docu6 ments issued to aliens. Not later than October 

7 26, 2005, the Secretary of Homeland Security, 

8 in consultation with the Secretary of State, 

9 shall install at all ports of entry into the United 

10 States equipment and software to allow biomet11 ric comparison and authentication of passports 

12 issued pursuant to subsection (c)(1).’’. 

13 SEC. 4. TECHNOLOGY STANDARD IMPLEMENTATION DEAD14 LINE. 

15 Section 303(c) of the Enhanced Border Security and 

16 Visa Entry Reform Act (8 U.S.C. 1732(c)) is amended, 

17 in each of paragraphs (1) and (2), by striking ‘‘2004,’’ 

18 and inserting ‘‘2005,’’. 

19 SEC. 5. LIMITED GOOD FAITH WAIVER. 

20 Section 303(c) of the Enhanced Border Security and 

21 Visa Entry Reform Act (8 U.S.C. 1732(c)) is amended 

22 by adding at the end the following: 

23 ‘‘(3) LIMITED GOOD FAITH WAIVER.—

24 ‘‘(A) IN GENERAL.—The Secretary of 

25 Homeland Security, in consultation with the 
5

•HR 4550 IH 

1 Secretary of State, may grant not more than 2 

2 extensions for a country, and its nationals, of 

3 the deadlines in paragraphs (1) and (2), respec4 tively, upon a determination that the country is 

5 making substantial progress towards ensuring 

6 that the passports the country issues to its na7 tionals satisfy the requirements of paragraph 

8 (1). Each such extension shall be for a period 

9 not exceeding 6 months. 

10 ‘‘(B) FACTORS.—In determining whether a 

11 country is making substantial progress under 

12 subparagraph (A), the Secretary of Homeland 

13 Security shall take into account the following 

14 factors, which shall be certified by the Secretary 

15 of State: 

16 ‘‘(i) Whether the country has made a 

17 good faith effort to satisfy the require18 ments of paragraph (1) not later than Oc19 tober 26, 2005. 

20 ‘‘(ii) Whether the country has a pro21 gram designed to satisfy the requirements 

22 of paragraph (1) not later than October 

23 26, 2006. 

24 ‘‘(iii) Whether the country has com25 menced a pilot program under which some 
6

•HR 4550 IH 

1 number of passports that satisfy the re2 quirements of paragraph (1) will be issued 

3 before March 26, 2006. 

4 ‘‘(4) REPORTS.—

5 ‘‘(A) INITIAL.—Not later than October 26, 

6 2005, the Secretary of Homeland Security, in 

7 consultation with the Secretary of State, shall 

8 issue an initial report on the status of coun9 tries’ progress in meeting the requirements of 

10 paragraph (1). 

11 ‘‘(B) FINAL.—Not later than April 25, 

12 2006, the Secretary of Homeland Security, in 

13 consultation with the Secretary of State, shall 

14 issue a final report on the status of countries’ 

15 progress in meeting the requirements of para16 graph (1).’’. 

17 SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. 

18 Section 303 of the Enhanced Border Security and 

19 Visa Entry Reform Act (8 U.S.C. 1732) is amended by 

20 striking ‘‘Attorney General’’ each place that term appears 

21 and inserting ‘‘Secretary of Homeland Security’’.

Æ