I 
110TH CONGRESS 
1ST SESSION H. R. 2006 
To improve the Nation’s homeland security by strengthening the security 
of the visa waiver program under section 217 of the Immigration and 
Nationality Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2007 
Mr. THOMPSON of Mississippi introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
Homeland Security, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To improve the Nation’s homeland security by strengthening 
the security of the visa waiver program under section 
217 of the Immigration and Nationality Act, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. STRENGTHENING SECURITY OF THE VISA 
WAIVER PROGRAM. 
(a) SHORT TITLE.—This section may be cited as— 
(1) the ‘‘Secure Visa Waiver and Preventing 
Terrorist Travel Partnership Act’’; or 
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(2) the ‘‘Secure Visa Waiver Travel Act’’. 
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that— 
(1) the United States should improve the Na-
tion’s homeland security by strengthening the secu-
rity of the visa waiver program by— 
(A) enhancing program security require-
ments; and 
(B) extending visa-free travel privileges to 
nationals of foreign countries— 
(i) that are actively cooperating with 
the United States to prevent terrorist trav-
el, including sharing counterterrorism and 
law enforcement information; and 
(ii) 
whose 
nationals 
have 
dem-
onstrated their compliance with the provi-
sions of the Immigration and Nationality 
Act regarding the purpose and duration of 
their admission to the United States; and 
(2) the improvements described in paragraph 
(1) will— 
(A) enhance bilateral cooperation on crit-
ical counterterrorism and information sharing 
initiatives; 
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(B) support and expand tourism and busi-
ness opportunities to enhance long-term eco-
nomic competitiveness; and 
(C) strengthen bilateral relationships. 
(c) DISCRETIONARY VISA WAIVER PROGRAM EXPAN-
SION.—Section 217(c) of the Immigration and Nationality 
Act (8 U.S.C. 1187(c)) is amended by adding at the end 
the following: 
‘‘(8) NONIMMIGRANT
VISA
REFUSAL
RATE 
FLEXIBILITY.— 
‘‘(A) CERTIFICATION.—On the date on 
which a biometric air exit border security sys-
tem is in place that can verify the departure of 
not less than 97 percent of foreign nationals 
that exit through airports of the United States, 
the Secretary of Homeland Security shall cer-
tify to the Congress that such air exit system 
is in place. 
‘‘(B) WAIVER.—After certification by the 
Secretary under subparagraph (A), the Sec-
retary of Homeland Security, in consultation 
with the Secretary of State, may waive the ap-
plication of paragraph (2)(A) for a country— 
‘‘(i) if— 
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‘‘(I) the country meets all exist-
ing security requirements and en-
hanced 
security 
requirements 
de-
scribed in the Secure Visa Waiver 
Travel Act; 
‘‘(II) the Secretary of Homeland 
Security, in consultation with the Sec-
retary of State and the Attorney Gen-
eral, determines that the totality of 
the country’s security risk mitigation 
measures provides assurance that the 
country’s participation in the program 
would not compromise the homeland 
security, law enforcement, or enforce-
ment of the immigration laws, of the 
United States; 
‘‘(III) there has been a sustained 
reduction in visa refusal rates for 
aliens from the country and conditions 
exist to continue such reduction; and 
‘‘(IV) the country actively cooper-
ated with the Government of the 
United States to prevent terrorist 
travel and enhance our border secu-
rity, 
including 
sharing 
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counterterrorism and law enforcement 
information, before the date of its des-
ignation as a program country, and 
the Secretary of Homeland Security 
and the Secretary of State expect 
such cooperation will continue; and 
‘‘(ii) if— 
‘‘(I) the average number of refus-
als of nonimmigrant visitor visas 
under section 101(a)(15)(B) for na-
tionals of that country during the pre-
vious full fiscal year was less than 6 
percent; or 
‘‘(II) the total number of nation-
als of that country who were denied 
admission or who withdrew their ap-
plication for admission to the United 
States, combined with the total num-
ber of nationals of that country who 
were admitted as nonimmigrant visi-
tors but who violated the terms of 
such admission, thereby presenting a 
potential security risk, was less that 2 
percent of the total number of nation-
als of that country who applied for 
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admission to the United States as 
nonimmigrant visitors during the pre-
vious full fiscal year. 
‘‘(9) DISCRETIONARY SECURITY-RELATED CON-
SIDERATIONS.— 
‘‘(A) IN GENERAL.—In determining wheth-
er to waive the application of paragraph (2)(A) 
for a country under paragraph (8), the Sec-
retary of Homeland Security, in consultation 
with the Secretary of State, shall take into con-
sideration other factors affecting the homeland 
security of the United States, including— 
‘‘(i) airport security standards in the 
country; 
‘‘(ii) whether the country assists in 
the operation of an effective air marshal 
program; 
‘‘(iii) the standards of passports and 
travel documents issued by the country; 
and 
‘‘(iv) other security-related factors. 
‘‘(B) OVERSTAY
RATES.—In determining 
whether to designate a country as a program 
country, the Secretary of Homeland Security 
shall consider whether the estimated rate at 
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which nationals of the country overstay their 
authorized period of stay in the United States 
exceeds 2 percent.’’. 
(d) SECURITY ENHANCEMENTS TO THE VISA WAIV-
ER PROGRAM.— 
(1) IN GENERAL.—Section 217 of the Immigra-
tion and Nationality Act (8 U.S.C. 1187) is amend-
ed— 
(A) in subsection (a)— 
(i) by striking ‘‘Operators of aircraft’’ 
and inserting the following: 
‘‘(10) ELECTRONIC TRANSMISSION OF IDENTI-
FICATION
INFORMATION.—Operators of aircraft’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(11) ELIGIBILITY
DETERMINATION
UNDER 
THE
ELECTRONIC
TRAVEL
AUTHORIZATION
SYS-
TEM.—Beginning on the date on which the elec-
tronic travel authorization system developed under 
subsection (h)(3) is fully operational, each alien 
traveling under the program shall, before applying 
for admission, electronically provide to the system 
biographical information and such other information 
as the Secretary of Homeland Security shall deem 
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necessary to determine the eligibility of, and whether 
there exists a law enforcement or security risk in 
permitting, the alien to travel to the United States. 
Upon review of such information, the Secretary of 
Homeland Security shall determine whether the 
alien is eligible to travel to the United States under 
the program.’’; 
(B) in subsection (c), as amended by sub-
section (c) of this section— 
(i) in paragraph (2)— 
(I) by amending subparagraph 
(D) to read as follows: 
‘‘(D) REPORTING LOST AND STOLEN PASS-
PORTS.—The government of the country enters 
into an agreement with the United States to re-
port, or make available through Interpol, to the 
United States Government information about 
the theft or loss of passports within a strict 
time limit, not to exceed one week, and in a 
manner specified in the agreement.’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(E) REPATRIATION
OF
ALIENS.—The 
government of a country accepts for repatri-
ation any citizen, former citizen, or national 
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against whom a final executable order of re-
moval is issued not later than 3 weeks after the 
issuance of the final order of removal. Nothing 
in this subparagraph creates any duty for the 
United States or any right for any alien with 
respect to removal or release. Nothing in this 
subparagraph gives rise to any cause of action 
or claim under this paragraph or any other law 
against any official of the United States or of 
any State to compel the release, removal, or 
consideration for release or removal of any 
alien. 
‘‘(F) 
PASSENGER
INFORMATION
EX-
CHANGE.—The government of the country en-
ters into an agreement with the United States 
to share information regarding whether nation-
als of that country traveling to the United 
States represent a threat to the security or wel-
fare of the United States or its citizens.’’; 
(ii) in paragraph (5)— 
(I) by striking ‘‘Attorney Gen-
eral’’ each place such term appears 
and inserting ‘‘Secretary of Homeland 
Security’’; and 
(II) in subparagraph (A)(i)— 
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(aa) in subclause (II), by 
striking ‘‘and’’ at the end; 
(bb) in subclause (III)— 
(AA) by striking the pe-
riod at the end and inserting 
‘‘; and’’; and 
(BB) by striking ‘‘Com-
mittee on International Re-
lations’’ 
and 
inserting 
‘‘Committee on Foreign Af-
fairs’’; and 
(cc) by adding at the end 
the following: 
‘‘(IV) shall submit to the Con-
gress a report regarding the participa-
tion of new countries in the program 
through a waiver under paragraph 
(8).’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(10) TECHNICAL ASSISTANCE.—The Secretary 
of Homeland Security, in consultation with the Sec-
retary of State, shall provide technical assistance to 
program countries to assist those countries in meet-
ing the requirements under this section. The Sec-
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retary of Homeland Security shall ensure that the 
program office within the Department of Homeland 
Security is adequately staffed and has resources to 
be able to provide such technical assistance, in addi-
tion to its duties to effectively monitor compliance of 
the countries participating in the program with all 
the requirements of the program, including the new 
requirements imposed under the amendments to this 
section made by the Secure Visa Waiver Travel 
Act.’’; 
(C) in subsection (f)(5), by striking ‘‘of 
blank’’ and inserting ‘‘or loss of’’; and 
(D) in subsection (h), by adding at the end 
the following: 
‘‘(3) ELECTRONIC
TRAVEL
AUTHORIZATION 
SYSTEM.— 
‘‘(A) SYSTEM.—The Secretary of Home-
land Security, in consultation with the Sec-
retary of State, is authorized to develop and im-
plement a fully automated electronic travel au-
thorization system (referred to in this para-
graph as the ‘System’) to collect such bio-
graphical and other information as the Sec-
retary of Homeland Security determines to be 
necessary to determine, in advance of travel, 
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whether an alien may present a law enforce-
ment or security risk and is eligible to travel to 
the United States under the program. 
‘‘(B) REGULATIONS.—The Secretary of 
Homeland Security shall promulgate regulations 
describing this System and the information to 
be collected before implementation of the Sys-
tem. 
‘‘(C) FEES.—The Secretary of Homeland 
Security may charge a fee for the use of the 
System, which shall be— 
‘‘(i) set at a level that will ensure re-
covery of the full costs of providing and 
administering the System; and 
‘‘(ii) available to pay the costs in-
curred to administer the System. 
‘‘(D) VALIDITY.— 
‘‘(i) 
PERIOD.—The 
Secretary 
of 
Homeland Security, in consultation with 
the Secretary of State shall prescribe regu-
lations that provide for a period, not to ex-
ceed 3 years, during which a determination 
of eligibility to travel under the program 
will be valid. Notwithstanding any other 
provision under this section, the Secretary 
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of Homeland Security may revoke any 
such determination at any time and for 
any reason and shall revoke such deter-
mination if the country of the traveler’s 
nationality becomes no longer qualified to 
continue in the program. 
‘‘(ii) LIMITATION.—A determination 
that an alien is eligible to travel to the 
United States under the program is not a 
determination that the alien is admissible 
to the United States. 
‘‘(iii) NOT A DETERMINATION OF VISA 
ELIGIBILITY.—A determination by the Sec-
retary of Homeland Security that an alien 
who applied for authorization to travel to 
the United States through the System is 
not eligible to travel under the program is 
not a determination of ineligibility for a 
visa to travel to the United States and 
shall not preclude the alien from applying 
for a visa. 
‘‘(iv) JUDICIAL
REVIEW.—Notwith-
standing any other provision of law, no 
court shall have jurisdiction to review an 
eligibility determination under the System. 
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‘‘(E) REPORTS ON THE ELECTRONIC TRAV-
EL AUTHORIZATION SYSTEM.— 
‘‘(i) INITIAL REPORT.—Not later than 
60 days before publishing regulations re-
garding the implementation of the System 
in the Federal Register, the Secretary of 
Homeland Security shall submit a report 
to the Congress regarding the implementa-
tion of the System. 
‘‘(ii) SECOND
REPORT.—The Sec-
retary shall also report to the Congress on 
the implementation of the system 18 
months after implementation.’’. 
(2) EFFECTIVE DATE.—Section 217(a)(11) of 
the Immigration and Nationality Act, as added by 
paragraph (1)(A)(ii), shall take effect on the date 
which is 60 days after the date on which the Sec-
retary of Homeland Security publishes notice in the 
Federal Register of the requirement under such 
paragraph. 
(e) EXIT SYSTEM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary 
of Homeland Security shall establish a biometric exit 
system that records the departure on a flight leaving 
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the United States of every alien who departs by air 
who is participating in the visa waiver program es-
tablished under section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187). 
(2) SYSTEM REQUIREMENTS.—The system es-
tablished under paragraph (1) shall— 
(A) match biometric information of the 
alien against relevant watch lists and immigra-
tion information; and 
(B) compare such biometric information 
against manifest information collected by air 
carriers on passengers departing the United 
States to confirm such individuals have de-
parted the United States. 
(3) REPORT ON EXIT SYSTEM.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary shall submit a report to the Congress 
that describes— 
(A) the progress made in developing and 
deploying the exit system established under this 
subsection; and 
(B) the procedures by which the Secretary 
will improve the manner of calculating the rates 
of nonimmigrants who overstay their authorized 
period of stay in the United States. 
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(4) ANNUAL
REPORT
ON
EXIT
DATA.—Com-
mencing not later than 2 years after the date of the 
enactment of this Act, the Secretary shall submit an 
annual report to the Congress that provides entry 
and exit data and overstay rates for nationals of 
each of the countries participating in the visa waiver 
program. The report shall also designate which, if 
any, countries are no longer eligible to participate in 
the such program under the provisions of section 
217(c)(3)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1187(c)(3)(A)). 
(f) REPORTS TO CONGRESS.—Any report to the Con-
gress required by this section, or any amendment made 
by this section, shall be made to the following committees: 
(1) The Committee on Homeland Security and 
Governmental Affairs of the Senate. 
(2) The Committee on the Judiciary of the Sen-
ate. 
(3) The Select Committee on Intelligence of the 
Senate. 
(4) The Committee on Appropriations of the 
Senate. 
(5) The Committee on Homeland Security of 
the House of Representatives. 
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(6) The Committee on the Judiciary of the 
House of Representatives. 
(7) The Permanent Select Committee on Intel-
ligence of the House of Representatives. 
(8) The Committee on Appropriations of the 
House of Representatives. 
(9) The Committee on Foreign Affairs of the 
House of Representatives. 
(10) The Committee on Foreign Relations of 
the Senate. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to such sums as may 
be necessary to carry out this section and the amendments 
made by this section. 
Æ 
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