II 

109TH CONGRESS 

2D SESSION S. 4100 

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2006 

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

SANTORUM) 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 the United States 

8 should expand the visa waiver program to extend visa-free 

9 travel privileges to nationals of foreign countries that are 

10 allies in the war on terrorism as that expansion will— 


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1 (1) enhance bilateral cooperation on critical 

2 counterterrorism and information sharing initiatives; 

3 (2) support and expand tourism and business 

4 opportunities to enhance long-term economic com5 petitiveness; and 

6 (3) strengthen bilateral relationships. 

7 SEC. 3. VISA WAIVER PROGRAM EXPANSION. 

8 Section 217(c) of the Immigration and Nationality 

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

10 the following: 

11 ‘‘(8) PROBATIONARY PARTICIPATION OF PRO12 GRAM COUNTRIES.— 

13 ‘‘(A) REQUIREMENT TO ESTABLISH.—Not14 withstanding any other provision of this section 

15 and not later than 1 year after the date of the 

16 enactment of the Secure Travel and 

17 Counterterrorism Partnership Act, the Sec18 retary of Homeland Security, in consultation 

19 with the Secretary of State, shall establish a 

20 pilot program to permit not more than 5 for21 eign countries that are not designated as pro22 gram countries under paragraph (1) to partici23 pate in the program. 

24 ‘‘(B) DESIGNATION AS A PROBATIONARY

25 PROGRAM COUNTRY.—A foreign country is eligiVerDate Aug 31 2005 00:49 Dec 14, 2006 Jkt 059196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4100.IS S4100

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1 ble to participate in the program under this 

2 paragraph if— 

3 ‘‘(i) the Secretary of Homeland Secu4 rity determines that such participation will 

5 not compromise the security or law en6 forcement interests of the United States; 

7 ‘‘(ii) that country is close to meeting 

8 all the requirements of paragraph (2) and 

9 other requirements for designation as a 

10 program country under this section and 

11 has developed a feasible strategic plan to 

12 meet all such requirements not later than 

13 3 years after the date the country begins 

14 participation in the program under this 

15 paragraph; 

16 ‘‘(iii) that country meets all the re17 quirements that the Secretary determines 

18 are appropriate to ensure the security and 

19 integrity of travel documents, including re20 quirements to issue electronic passports 

21 that include biometric information and to 

22 promptly report lost, stolen, or fraudulent 

23 passports to the Government of the United 

24 States; 


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1 ‘‘(iv) that country cooperated with the 

2 Government of the United States on 

3 counterterrorism initiatives and informa4 tion sharing before the date of the enact5 ment of this paragraph; and 

6 ‘‘(v) that country has entered into an 

7 agreement with the Government of the 

8 United States by which that country 

9 agrees to further advance United States 

10 security interests by implementing such 

11 additional counterterrorism cooperation 

12 and information sharing measures as may 

13 be requested by the Secretary of Homeland 

14 Security, in consultation with the Sec15 retary of State. 

16 ‘‘(C) CONSIDERATIONS FOR COUNTRY SE17 LECTION.— 

18 ‘‘(i) VISA REFUSAL RATES.—The Sec19 retary of Homeland Security may consider 

20 the rate of refusals of nonimmigrant visitor 

21 visas for nationals of a foreign country in 

22 determining whether to permit that coun23 try to participate in the program under 

24 this paragraph but may not refuse to per25 mit that country to participate in the proVerDate Aug 31 2005 00:49 Dec 14, 2006 Jkt 059196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4100.IS S4100

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1 gram under this paragraph solely on the 

2 basis of such rate unless the Secretary de3 termines that such rate is a security con4 cern to the United States. 

5 ‘‘(ii) OVERSTAY RATES.—The Sec6 retary of Homeland Security may consider 

7 the rate at which nationals of a foreign 

8 country violate the terms of their visas by 

9 remaining in the United States after the 

10 expiration of such a visa in determining 

11 whether to permit that country to partici12 pate in the program under this paragraph. 

13 ‘‘(D) TERM OF PARTICIPATION.— 

14 ‘‘(i) INITIAL PROBATIONARY TERM.— 

15 A foreign country may participate in the 

16 program under this paragraph for an ini17 tial term of 3 years. 

18 ‘‘(ii) EXTENSION OF PARTICIPA19 TION.—The Secretary of Homeland Secu20 rity, in consultation with the Secretary of 

21 State, may permit a country to participate 

22 in the program under this paragraph after 

23 the expiration of the initial term described 

24 in clause (i) for 1 additional period of not 

25 more than 2 years if that country— 


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1 ‘‘(I) has demonstrated significant 

2 progress toward meeting the require3 ments of paragraph (2) and all other 

4 requirements for designation as a pro5 gram country under this section; 

6 ‘‘(II) has submitted a plan for 

7 meeting the requirements of para8 graph (2) and all other requirements 

9 for designation as a program country 

10 under this section; and 

11 ‘‘(III) continues to be determined 

12 not to compromise the security or law 

13 enforcement interests of the United 

14 States. 

15 ‘‘(iii) TERMINATION OF PARTICIPA16 TION.—The Secretary of Homeland Secu17 rity may terminate the participation of a 

18 country in the program under this para19 graph at any time if the Secretary, in con20 sultation with the Secretary of State, de21 termines that the country— 

22 ‘‘(I) is not in compliance with the 

23 requirements of this paragraph; or 

24 ‘‘(II) is not able to demonstrate 

25 significant and quantifiable progress, 


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1 on an annual basis, toward meeting 

2 the requirements of paragraph (2) 

3 and all other requirements for des4 ignation as a program country under 

5 this section. 

6 ‘‘(E) TECHNICAL ASSISTANCE.—The Sec7 retary of Homeland Security, in consultation 

8 with the Secretary of State, shall provide tech9 nical guidance to a country that participates in 

10 the program under this paragraph to assist that 

11 country in meeting the requirements of para12 graph (2) and all other requirements for des13 ignation as a program country under this sec14 tion. 

15 ‘‘(F) REPORTING REQUIREMENTS.— 

16 ‘‘(i) ANNUAL REPORT.—The Secretary 

17 of Homeland Security, in consultation with 

18 the Secretary of State, shall submit to 

19 Congress an annual report on the imple20 mentation of this paragraph. 

21 ‘‘(ii) FINAL ASSESSMENT.—Not later 

22 than 30 days after the date that the for23 eign country’s participation in the program 

24 under this paragraph terminates, the Sec25 retary of Homeland Security, in consultaVerDate Aug 31 2005 00:49 Dec 14, 2006 Jkt 059196 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4100.IS S4100

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1 tion with the Secretary of State, shall sub2 mit a final assessment to Congress regard3 ing the implementation of this paragraph. 

4 Such final assessment shall contain the 

5 recommendations of the Secretary of 

6 Homeland Security and the Secretary of 

7 State regarding permitting additional for8 eign countries to participate in the pro9 gram under this paragraph.’’. 

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

11 Not later than 1 year after the date of the enactment 

12 of this Act, the Secretary of Homeland Security shall de13 velop and implement procedures to improve the manner 

14 in which the rates of nonimmigrants who violate the terms 

15 of their visas by remaining in the United States after the 

16 expiration of such a visa are calculated. 

17 SEC. 5. REPORTS. 

18 (a) VISA FEES.—Not later than 1 year after the date 

19 of the enactment of this Act, the Comptroller General of 

20 the United States shall review the fee structure for visas 

21 issued by the United States and submit to Congress a re22 port on that structure, including any recommendations of 

23 the Comptroller General for improvements to that struc24 ture. 


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1 (b) SECURE TRAVEL STANDARDS.—Not later than 1 

2 year after the date of the enactment of this Act, the Sec3 retary of Homeland Security, in conjunction with the Sec4 retary of State, shall submit a report to Congress that 

5 describes plans for enhancing secure travel standards for 

6 existing visa waiver program countries, including the feasi7 bility of instituting an electronic authorization travel sys8 tem, additional passenger information exchanges, and en9 hanced airport security standards. 

10 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

12 as may be necessary for each of the fiscal years 2007 

13 through 2013 to carry out this Act and the amendment 

14 made by this Act. 

Æ 


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