Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015

Bill: 114-hr-158
Sponsor: full_name: Rep. Miller, Candice S. [R-MI-10]
Introduced: 2015-01-06
Policy area: Immigration
Subjects: Aviation and airports

Citizenship and naturalization

Congressional oversight

Fraud offenses and financial crimes

Government information and archives

International organizations and cooperation

Iraq

Middle East

Syria

Terrorism

Travel and tourism

Visas and passports
Latest action: action_date: 2015-12-09
text: Received in the Senate.

Summaries:
action_date: 2015-01-06
action_desc: Introduced in House
text: <p><strong>Visa Waiver Program Improvement Act of 2015</strong></p> <p>Amends the Immigration and Nationality Act to include terrorism risk as a factor the Secretary of Homeland Security shall consider under the electronic system for travel authorization (ESTA) in determining the eligibility of an alien to travel to the United States. </p> <p>Directs the Secretary to report to Congress regarding: (1) the number of individuals, identified by their countries of citizenship or nationality, who were denied eligibility to travel, or whose eligibility was revoked, under the ESTA because the individual was determined to be a U.S. security threat; (2) steps to strengthen the ESTA; and (3) foreign government compliance with information sharing agreements concerning passport theft or loss and whether a country's citizens or nationals traveling to the United States pose a U.S. security threat.</p> <p>Authorizes the Secretary to suspend a country from the visa waiver program without prior notice if the country fails to comply with an agreement to share information regarding whether its citizens and nationals traveling to the United States pose a U.S. security threat.</p>

action_date: 2015-12-07
action_desc: Reported to House amended, Part I
text: <p><strong>Visa Waiver Program Improvement Act of 2015</strong></p> <p>(Sec. 2) This bill amends the Immigration and Nationality Act to include terrorism risk as a factor the Department of Homeland Security (DHS) shall consider under the electronic system for travel authorization (ESTA) in determining an alien's eligibility to travel to the United States. </p> <p>DHS shall report to Congress: </p> <ul> <li>annually regarding the number of individuals, identified by their countries of citizenship or nationality, who were denied eligibility to travel or whose eligibility was revoked under ESTA, and the number of such individuals determined to be a U.S. security threat; </li> <li>periodically regarding foreign government compliance with information sharing agreements concerning passenger identity, passport theft or loss, whether a country's citizens or nationals travel patterns may pose a concern to U.S. security, and governmental capacity to collect such information; and </li> <li> on strengthening ESTA.</li> </ul> <p> The electronic travel authorization system is renamed the electronic system for travel authorization.</p> <p> DHS may suspend a country from the visa waiver program without prior notice if the country fails to comply with an agreement to share information regarding whether its citizens and nationals traveling to the United States pose a U.S. security threat. DHS must notify an affected country and Congress of any suspension.</p>

action_date: 2015-12-08
action_desc: Passed House amended
text: <p><strong>Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015</strong></p> <p>(Sec. 2) This bill amends the Immigration and Nationality Act regarding the visa waiver program to require that an alien, when applying for program admission, possess a valid unexpired passport that: </p> <ul> <li>is machine-readable, tamper-resistant, incorporates document authentication identifiers, and otherwise satisfies the internationally accepted standard for machine readability; and </li> <li>beginning on April 1, 2016, is an electronic passport that is fraud-resistant, contains relevant biographic and biometric information, and satisfies internationally accepted standards for electronic passports. </li> </ul> <p>A program country must certify that: </p> <ul> <li>it issues passports that satisfy the internationally accepted standard for machine readability, and as of April 1, 2016, passports that satisfy internationally accepted standards for electronic passports; and </li> <li>by October 1, 2016, except for travel between countries within the Schengen Zone (26 European countries that have abolished passport and any other border control at their common borders), it has in place mechanisms to validate such passports at each key port of entry.</li> </ul> <p>(Sec. 3) An alien shall be ineligible for program participation who:</p> <ul> <li>has been present, at any time on or after March 1, 2011, in Iraq or Syria, in a country designated as one that has repeatedly provided support for acts of international terrorism, or in any other country or area of concern designated by the Department of Homeland Security (DHS); and</li> <li>regardless of whether the alien is a national of a program country, is a national of Iraq or Syria, a country designated as a country that has repeatedly provided support for acts of international terrorism, or any other country or area of concern. </li> </ul> <p>Such prohibitions shall not apply to an alien who was present in such a country to perform military or official government service for a program country. </p> <p>DHS may waive such prohibitions if in U.S. law enforcement or national security interests, and shall report annually to Congress on each waiver made in the previous year. </p> <p>DHS shall determine and review annually whether such prohibitions shall apply to any country or area, considering whether: </p> <ul> <li>the presence of an alien in the country or area increases the likelihood that he or she is a credible U.S. security threat, </li> <li>a foreign terrorist organization has a significant presence in the country or area, and </li> <li>the country or area is a safe haven for terrorists. </li> </ul> <p>(Sec. 4) A program country shall: </p> <ul> <li>report the loss or theft of one of its national's passports to the United States within 24 hours; and </li> <li>except in the case of a country without an international airport, and except for travel between countries within the Schengen Zone, certify to DHS that it is screening each entering or departing non-citizen or non-national for unlawful activity by using Interpol databases and notices, or other means designated by DHS.</li> </ul> <p>If DHS and the State Department jointly determine that a program country is not sharing information or conducting required screening, DHS shall terminate the country's program status, subject to specified conditions for reinstatement.</p> <p>(Sec. 5) Certain reporting requirements are amended.</p> <p>(Sec. 6) DHS shall evaluate program countries annually and identify and suspend from program participation any country whose nationals present a high U.S. security risk.</p> <p> In suspending a country DHS shall consider: </p> <ul> <li>the number of nationals determined ineligible for U.S. travel during the previous year, </li> <li>the number of nationals identified in U.S. government databases related to the identities of known or suspected terrorists during the previous year, </li> <li>the estimated number of nationals who have traveled to Iraq or Syria at any time on or after March 1, 2011, to engage in terrorism, </li> <li>the country's capacity to combat passport fraud, </li> <li>the level of cooperation with U.S. counter-terrorism efforts, and </li> <li>the adequacy of the country's border and immigration controls.</li> </ul> <p>DHS shall give Congress an annual evaluation and threat assessment of each country that presents a high U.S. security risk.</p> <p>(Sec. 7) DHS shall: </p> <ul> <li>research opportunities to incorporate anti-fraud/deception technology into the electronic system for travel authorization; and </li> <li>collect from an applicant information on any additional or previous countries of citizenship, and consider such information when making admissions determinations. </li> </ul> <p>DHS shall report annually to Congress on: (1) the number of individuals denied travel eligibility under the program or whose travel eligibility was revoked during the previous year, and (2) the number of such individuals who were determined to represent a U.S. security threat.</p> <p>DHS shall report to Congress on steps to strengthen the electronic system for travel authorization.</p> <p>(Sec. 8) DHS shall provide assistance in a risk-based manner to non-program countries to assist them in: </p> <ul> <li>submitting theft or loss of passport information to Interpol; and </li> <li>issuing and validating at ports of entry electronic passports that are fraud-resistant, contain relevant biographic and biometric information, and otherwise satisfy internationally accepted standards for electronic passports. </li> </ul> <p>(Sec. 9) The electronic travel authorization system is renamed the electronic system for travel authorization.</p> <p>(Sec. 10) It is the sense of Congress that: </p> <ul> <li>the International Civil Aviation Organization should establish electronic passport standards and obligate member countries to utilize them as soon as possible, and </li> <li>such passports should be a combined paper and electronic passport that contains biographic and biometric information that can be used to authenticate identity through an embedded chip.</li></ul>

tv_txt: I 114th CONGRESS 1st Session H. R. 158 IN THE HOUSE OF REPRESENTATIVES January 6, 2015 Mrs. Miller of Michigan (for herself and Mr. McCaul ) 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 clarify the grounds for ineligibility for travel to the United States regarding terrorism risk, to expand the criteria by which a country may be removed from the Visa Waiver Program, to require the Secretary of Homeland Security to submit a report on strengthening the Electronic System for Travel Authorization to better secure the international borders of the United States and prevent terrorists and instruments of terrorism from entering the United States, and for other purposes.

1. Short title This Act may be cited as the Visa Waiver Program Improvement Act of 2015 . 2. Grounds for ineligibility for travel to the United States; Reports on law enforcement and security interests; Continuing qualification and designation terminations; Report on strengthening the Electronic System for Travel Authorization (a) Grounds for ineligibility for travel to the United States; Period of validity Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is amended— (1) in subsection (a)(11), by inserting , including terrorism risk, after security risk ; and (2) in subsection (h)(3)— (A) in subparagraph (A), by inserting , including terrorism risk, after security risk ; (B) in subparagraph (C), in the second sentence, by inserting before the period at the end the following: , or, if the Secretary determines that such is appropriate, may limit such period of eligibility ; and (C) by adding at the end the following new subparagraph: (E) Additional reports (i) Reports on certain limitations on travel Not later than 30 days after the date of the enactment of this subparagraph and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report on the number of individuals, identified by their countries of citizenship or nationality, who were denied eligibility to travel under the System or whose eligibility for such travel was revoked during the previous year if such individual was determined, in accordance with subsection (a)(6), to represent a threat to the security of the United States. (ii) Reports on certain threat assessments Beginning with the first report under clause (i) of subsection (c)(5)(A) that is submitted after the date of the enactment of this subparagraph and periodically thereafter (together with subsequent reports submitted under such clause (i)), the Secretary of Homeland Security, in consultation with the Director of National Intelligence, shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that contains a threat assessment regarding the compliance of foreign governments with the agreements described in subparagraphs (D) and (F) of subsection (c)(2). . (b) Reports on law enforcement and security interests; Continuing qualification and designation terminations Subsection (c) of section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is amended— (1) in paragraph (2)(C)(iii)— (A) by striking and the Committee on International Relations and inserting , the Committee on Foreign Affairs, and the Committee on Homeland Security ; and (B) by striking and the Committee on Foreign Relations and inserting , the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs ; and (2) in paragraph (5)— (A) in subparagraph (A)(i)— (i) in subclause (III), by striking and at the end; (ii) in subclause (IV), by striking the period at the end and inserting ; and ; and (iii) by adding after subclause (IV) the following new subclause: (V) shall submit to Congress a report regarding the security parameters described in paragraph (9). ; and (B) in subparagraph (B), by adding at the end the following new clause: (v) Additional program suspension authority If the Secretary of Homeland Security, in consultation with the Secretary of State, determines that a country participating in the visa waiver program has failed to comply with an agreement under subparagraph (F) of paragraph (2), the Secretary of Homeland Security— (I) may suspend a country from the visa waiver program without prior notice; (II) shall notify any country suspended under subclause (I) and provide justification for the suspension; and (III) shall restore the suspended country’s participation in the visa waiver program upon a determination that the country is in compliance with the agreement at issue. . (c) Report on strengthening the Electronic System for Travel Authorization Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate a report on steps to strengthen the automated electronic travel authorization system (commonly referred to as the Electronic System for Travel Authorization ) under paragraph (3) of section 217(h) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h) ) to better secure the international borders of the United States and prevent terrorists and instruments of terrorism from entering the United States. (d) Time for report The first report required under subclause (V) of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (as added by subsection (b)(2)(A)(iii) of this section) shall be submitted at the same time the next report required under subclause (IV) of such section 217(c)(5)(A)(i) is submitted after the date of the enactment of this Act.

tv_txt: I 114th CONGRESS 1st Session H. R. 158 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Immigration and Nationality Act to provide enhanced security measures for the visa waiver program, and for other purposes.

1. Short title This Act may be cited as the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 . 2. Electronic passport requirement (a) Requirement for alien To possess electronic passport Section 217(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1187(a)(3) ) is amended to read as follows: (3) Passport requirements The alien, at the time of application for admission, is in possession of a valid unexpired passport that satisfies the following: (A) Machine readable The passport is a machine-readable passport that is tamper-resistant, incorporates document authentication identifiers, and otherwise satisfies the internationally accepted standard for machine readability. (B) Electronic Beginning on April 1, 2016, the passport is an electronic passport that is fraud-resistant, contains relevant biographic and biometric information (as determined by the Secretary of Homeland Security), and otherwise satisfies internationally accepted standards for electronic passports. . (b) Requirement for program country To validate passports Section 217(c)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(B) ) is amended to read as follows: (B) Passport program (i) Issuance of passports The government of the country certifies that it issues to its citizens passports described in subparagraph (A) of subsection (a)(3), and on or after April 1, 2016, passports described in subparagraph (B) of subsection (a)(3). (ii) Validation of passports Not later than October 1, 2016, the government of the country certifies that it has in place mechanisms to validate passports described in subparagraphs (A) and (B) of subsection (a)(3) at each key port of entry into that country. This requirement shall not apply to travel between countries which fall within the Schengen Zone. . (c) Conforming amendment Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act of 2002 is repealed ( 8 U.S.C. 1732(c) ). 3. Restriction on use of visa waiver program for aliens who travel to certain countries Section 217(a) of the Immigration and Nationality Act ( 8 U.S.C. 1187(a) ), as amended by this Act, is further amended by adding at the end the following: (12) Not present in Iraq, Syria, or any other country or area of concern (A) In general Except as provided in subparagraphs (B) and (C)— (i) the alien has not been present, at any time on or after March 1, 2011— (I) in Iraq or Syria; (II) in a country that is designated by the Secretary of State under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. 2405 ) (as continued in effect under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or (III) in any other country or area of concern designated by the Secretary of Homeland Security under subparagraph (D); and (ii) regardless of whether the alien is a national of a program country, the alien is not a national of— (I) Iraq or Syria; (II) a country that is designated, at the time the alien applies for admission, by the Secretary of State under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. 2405 ) (as continued in effect under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or (III) any other country that is designated, at the time the alien applies for admission, by the Secretary of Homeland Security under subparagraph (D). (B) Certain military personnel and government employees Subparagraph (A)(i) shall not apply in the case of an alien if the Secretary of Homeland Security determines that the alien was present— (i) in order to perform military service in the armed forces of a program country; or (ii) in order to carry out official duties as a full-time employee of the government of a program country. (C) Waiver The Secretary of Homeland Security may waive the application of subparagraph (A) to an alien if the Secretary determines that such a waiver is in the law enforcement or national security interests of the United States. (D) Countries or areas of concern (i) In general Not later than 60 days after the date of the enactment of this paragraph, the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall determine whether the requirement under subparagraph (A) shall apply to any other country or area. (ii) Criteria In making a determination under clause (i), the Secretary shall consider— (I) whether the presence of an alien in the country or area increases the likelihood that the alien is a credible threat to the national security of the United States; (II) whether a foreign terrorist organization has a significant presence in the country or area; and (III) whether the country or area is a safe haven for terrorists. (iii) Annual review The Secretary shall conduct a review, on an annual basis, of any determination made under clause (i). (E) Report Beginning not later than 1 year after the date of the enactment of this paragraph, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report on each instance in which the Secretary exercised the waiver authority under subparagraph (C) during the previous year. . 4. Designation requirements for program countries (a) Reporting lost and stolen passports Section 217(c)(2)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(D) ), as amended by this Act, is further amended by striking within a strict time limit and inserting not later than 24 hours after becoming aware of the theft or loss . (b) Interpol Screening Section 217(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2) ), as amended by this Act, is further amended by adding at the end the following: (G) Interpol screening Not later than 270 days after the date of the enactment of this subparagraph, except in the case of a country in which there is not an international airport, the government of the country certifies to the Secretary of Homeland Security that, to the maximum extent allowed under the laws of the country, it is screening, for unlawful activity, each person who is not a citizen or national of that country who is admitted to or departs that country, by using relevant databases and notices maintained by Interpol, or other means designated by the Secretary of Homeland Security. This requirement shall not apply to travel between countries which fall within the Schengen Zone. . (c) Implementation of passenger information exchange agreement Section 217(c)(2)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(F) ), as amended by this Act, is further amended by inserting before the period at the end the following: , and fully implements such agreement . (d) Termination of designation Section 217(f) of the Immigration and Nationality Act ( 8 U.S.C. 1187(f) ) is amended by adding at the end the following: (6) Failure to share information (A) In general If the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not sharing information, as required by subsection (c)(2)(F), the Secretary of Homeland Security shall terminate the designation of the country as a program country. (B) Redesignation In the case of a termination under this paragraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is sharing information, as required by subsection (c)(2)(F). (7) Failure to screen (A) In general Beginning on the date that is 270 days after the date of the enactment of this paragraph, if the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not conducting the screening required by subsection (c)(2)(G), the Secretary of Homeland Security shall terminate the designation of the country as a program country. (B) Redesignation In the case of a termination under this paragraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is conducting the screening required by subsection (c)(2)(G). . 5. Reporting requirements (a) In general Section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) ), as amended by this Act, is further amended— (1) in paragraph (2)(C)(iii)— (A) by striking and the Committee on International Relations and inserting , the Committee on Foreign Affairs, and the Committee on Homeland Security ; and (B) by striking and the Committee on Foreign Relations and inserting , the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs ; and (2) in paragraph (5)(A)(i)— (A) in subclause (III)— (i) by inserting after the Committee on Foreign Affairs, the following: the Permanent Select Committee on Intelligence, ; (ii) by inserting after the Committee on Foreign Relations, the following: the Select Committee on Intelligence ; and (iii) by striking and at the end; (B) in subclause (IV), by striking the period at the end and inserting the following: ; and ; and (C) by adding at the end the following: (V) shall submit to the committees described in subclause (III), a report that includes an assessment of the threat to the national security of the United States of the designation of each country designated as a program country, including the compliance of the government of each such country with the requirements under subparagraphs (D) and (F) of paragraph (2), as well as each such government’s capacity to comply with such requirements. . (b) Date of submission of first report The Secretary of Homeland Security shall submit the first report described in subclause (V) of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added by subsection (a), not later than 90 days after the date of the enactment of this Act. 6. High risk program countries Section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) ), as amended by this Act, is further amended by adding at the end the following: (12) Designation of high risk program countries (A) In general The Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall evaluate program countries on an annual basis based on the criteria described in subparagraph (B) and shall identify any program country, the admission of nationals from which under the visa waiver program under this section, the Secretary determines presents a high risk to the national security of the United States. (B) Criteria In evaluating program countries under subparagraph (A), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall consider the following criteria: (i) The number of nationals of the country determined to be ineligible to travel to the United States under the program during the previous year. (ii) The number of nationals of the country who were identified in United States Government databases related to the identities of known or suspected terrorists during the previous year. (iii) The estimated number of nationals of the country who have traveled to Iraq or Syria at any time on or after March 1, 2011, to engage in terrorism. (iv) The capacity of the country to combat passport fraud. (v) The level of cooperation of the country with the counter-terrorism efforts of the United States. (vi) The adequacy of the border and immigration control of the country. (vii) Any other criteria the Secretary of Homeland Security determines to be appropriate. (C) Suspension of designation The Secretary of Homeland Security, in consultation with the Secretary of State, may suspend the designation of a program country based on a determination that the country presents a high risk to the national security of the United States under subparagraph (A) until such time as the Secretary determines that the country no longer presents such a risk. (D) Report Not later than 60 days after the date of the enactment of this paragraph, and annually thereafter, the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report, which includes an evaluation and threat assessment of each country determined to present a high risk to the national security of the United States under subparagraph (A). . 7. Enhancements to the electronic system for travel authorization (a) In general Section 217(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h)(3) ) is amended— (1) in subparagraph (C)(i), by inserting after any such determination the following: or shorten the period of eligibility under any such determination ; (2) by striking subparagraph (D) and inserting the following: (D) Fraud detection The Secretary of Homeland Security shall research opportunities to incorporate into the System technology that will detect and prevent fraud and deception in the System. (E) Additional and previous countries of citizenship The Secretary of Homeland Security shall collect from an applicant for admission pursuant to this section information on any additional or previous countries of citizenship of that applicant. The Secretary shall take any information so collected into account when making determinations as to the eligibility of the alien for admission pursuant to this section. (F) Report on certain limitations on travel Not later than 30 days after the date of the enactment of this subparagraph and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate a report on the number of individuals who were denied eligibility to travel under the program, or whose eligibility for such travel was revoked during the previous year, and the number of such individuals determined, in accordance with subsection (a)(6), to represent a threat to the national security of the United States, and shall include the country or countries of citizenship of each such individual. . (b) Report Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate a report on steps to strengthen the electronic system for travel authorization authorized under section 217(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h)(3) )) in order to better secure the international borders of the United States and prevent terrorists and instruments of terrorism from entering the United States. 8. Provision of assistance to non-program countries The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide assistance in a risk-based manner to countries that do not participate in the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) to assist those countries in— (1) submitting to Interpol information about the theft or loss of passports of citizens or nationals of such a country; and (2) issuing, and validating at the ports of entry of such a country, electronic passports that are fraud-resistant, contain relevant biographic and biometric information (as determined by the Secretary of Homeland Security), and otherwise satisfy internationally accepted standards for electronic passports. 9. Clerical amendments (a) Secretary of Homeland Security Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ), as amended by this Act, is further amended by striking Attorney General each place such term appears (except in subsection (c)(11)(B)) and inserting Secretary of Homeland Security . (b) Electronic system for travel authorization Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ), as amended this Act, is further amended— (1) by striking electronic travel authorization system each place it appears and inserting electronic system for travel authorization ; (2) in the heading in subsection (a)(11), by striking electronic travel authorization system and inserting electronic system for travel authorization ; and (3) in the heading in subsection (h)(3), by striking electronic travel authorization system and inserting electronic system for travel authorization . 10. Sense of Congress It is the sense of Congress that the International Civil Aviation Organization, the specialized agency of the United Nations responsible for establishing international standards, specifications, and best practices related to the administration and governance of border controls and inspection formalities, should establish standards for the introduction of electronic passports (referred to in this section as e-passports ), and obligate member countries to utilize such e-passports as soon as possible. Such e-passports should be a combined paper and electronic passport that contains biographic and biometric information that can be used to authenticate the identity of travelers through an embedded chip.

Passed the House of Representatives December 8, 2015. Karen L. Haas, Clerk.

tv_txt: II 114th CONGRESS 1st Session H. R. 158 IN THE SENATE OF THE UNITED STATES December 9, 2015 Received AN ACT To amend the Immigration and Nationality Act to provide enhanced security measures for the visa waiver program, and for other purposes.

1. Short title This Act may be cited as the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 . 2. Electronic passport requirement (a) Requirement for alien To possess electronic passport Section 217(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1187(a)(3) ) is amended to read as follows: (3) Passport requirements The alien, at the time of application for admission, is in possession of a valid unexpired passport that satisfies the following: (A) Machine readable The passport is a machine-readable passport that is tamper-resistant, incorporates document authentication identifiers, and otherwise satisfies the internationally accepted standard for machine readability. (B) Electronic Beginning on April 1, 2016, the passport is an electronic passport that is fraud-resistant, contains relevant biographic and biometric information (as determined by the Secretary of Homeland Security), and otherwise satisfies internationally accepted standards for electronic passports. . (b) Requirement for program country To validate passports Section 217(c)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(B) ) is amended to read as follows: (B) Passport program (i) Issuance of passports The government of the country certifies that it issues to its citizens passports described in subparagraph (A) of subsection (a)(3), and on or after April 1, 2016, passports described in subparagraph (B) of subsection (a)(3). (ii) Validation of passports Not later than October 1, 2016, the government of the country certifies that it has in place mechanisms to validate passports described in subparagraphs (A) and (B) of subsection (a)(3) at each key port of entry into that country. This requirement shall not apply to travel between countries which fall within the Schengen Zone. . (c) Conforming amendment Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act of 2002 is repealed ( 8 U.S.C. 1732(c) ). 3. Restriction on use of visa waiver program for aliens who travel to certain countries Section 217(a) of the Immigration and Nationality Act ( 8 U.S.C. 1187(a) ), as amended by this Act, is further amended by adding at the end the following: (12) Not present in Iraq, Syria, or any other country or area of concern (A) In general Except as provided in subparagraphs (B) and (C)— (i) the alien has not been present, at any time on or after March 1, 2011— (I) in Iraq or Syria; (II) in a country that is designated by the Secretary of State under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. 2405 ) (as continued in effect under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or (III) in any other country or area of concern designated by the Secretary of Homeland Security under subparagraph (D); and (ii) regardless of whether the alien is a national of a program country, the alien is not a national of— (I) Iraq or Syria; (II) a country that is designated, at the time the alien applies for admission, by the Secretary of State under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. 2405 ) (as continued in effect under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or (III) any other country that is designated, at the time the alien applies for admission, by the Secretary of Homeland Security under subparagraph (D). (B) Certain military personnel and government employees Subparagraph (A)(i) shall not apply in the case of an alien if the Secretary of Homeland Security determines that the alien was present— (i) in order to perform military service in the armed forces of a program country; or (ii) in order to carry out official duties as a full-time employee of the government of a program country. (C) Waiver The Secretary of Homeland Security may waive the application of subparagraph (A) to an alien if the Secretary determines that such a waiver is in the law enforcement or national security interests of the United States. (D) Countries or areas of concern (i) In general Not later than 60 days after the date of the enactment of this paragraph, the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall determine whether the requirement under subparagraph (A) shall apply to any other country or area. (ii) Criteria In making a determination under clause (i), the Secretary shall consider— (I) whether the presence of an alien in the country or area increases the likelihood that the alien is a credible threat to the national security of the United States; (II) whether a foreign terrorist organization has a significant presence in the country or area; and (III) whether the country or area is a safe haven for terrorists. (iii) Annual review The Secretary shall conduct a review, on an annual basis, of any determination made under clause (i). (E) Report Beginning not later than 1 year after the date of the enactment of this paragraph, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report on each instance in which the Secretary exercised the waiver authority under subparagraph (C) during the previous year. . 4. Designation requirements for program countries (a) Reporting lost and stolen passports Section 217(c)(2)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(D) ), as amended by this Act, is further amended by striking within a strict time limit and inserting not later than 24 hours after becoming aware of the theft or loss . (b) Interpol Screening Section 217(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2) ), as amended by this Act, is further amended by adding at the end the following: (G) Interpol screening Not later than 270 days after the date of the enactment of this subparagraph, except in the case of a country in which there is not an international airport, the government of the country certifies to the Secretary of Homeland Security that, to the maximum extent allowed under the laws of the country, it is screening, for unlawful activity, each person who is not a citizen or national of that country who is admitted to or departs that country, by using relevant databases and notices maintained by Interpol, or other means designated by the Secretary of Homeland Security. This requirement shall not apply to travel between countries which fall within the Schengen Zone. . (c) Implementation of passenger information exchange agreement Section 217(c)(2)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(F) ), as amended by this Act, is further amended by inserting before the period at the end the following: , and fully implements such agreement . (d) Termination of designation Section 217(f) of the Immigration and Nationality Act ( 8 U.S.C. 1187(f) ) is amended by adding at the end the following: (6) Failure to share information (A) In general If the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not sharing information, as required by subsection (c)(2)(F), the Secretary of Homeland Security shall terminate the designation of the country as a program country. (B) Redesignation In the case of a termination under this paragraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is sharing information, as required by subsection (c)(2)(F). (7) Failure to screen (A) In general Beginning on the date that is 270 days after the date of the enactment of this paragraph, if the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not conducting the screening required by subsection (c)(2)(G), the Secretary of Homeland Security shall terminate the designation of the country as a program country. (B) Redesignation In the case of a termination under this paragraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is conducting the screening required by subsection (c)(2)(G). . 5. Reporting requirements (a) In general Section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) ), as amended by this Act, is further amended— (1) in paragraph (2)(C)(iii)— (A) by striking and the Committee on International Relations and inserting , the Committee on Foreign Affairs, and the Committee on Homeland Security ; and (B) by striking and the Committee on Foreign Relations and inserting , the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs ; and (2) in paragraph (5)(A)(i)— (A) in subclause (III)— (i) by inserting after the Committee on Foreign Affairs, the following: the Permanent Select Committee on Intelligence, ; (ii) by inserting after the Committee on Foreign Relations, the following: the Select Committee on Intelligence ; and (iii) by striking and at the end; (B) in subclause (IV), by striking the period at the end and inserting the following: ; and ; and (C) by adding at the end the following: (V) shall submit to the committees described in subclause (III), a report that includes an assessment of the threat to the national security of the United States of the designation of each country designated as a program country, including the compliance of the government of each such country with the requirements under subparagraphs (D) and (F) of paragraph (2), as well as each such government’s capacity to comply with such requirements. . (b) Date of submission of first report The Secretary of Homeland Security shall submit the first report described in subclause (V) of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added by subsection (a), not later than 90 days after the date of the enactment of this Act. 6. High risk program countries Section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) ), as amended by this Act, is further amended by adding at the end the following: (12) Designation of high risk program countries (A) In general The Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall evaluate program countries on an annual basis based on the criteria described in subparagraph (B) and shall identify any program country, the admission of nationals from which under the visa waiver program under this section, the Secretary determines presents a high risk to the national security of the United States. (B) Criteria In evaluating program countries under subparagraph (A), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall consider the following criteria: (i) The number of nationals of the country determined to be ineligible to travel to the United States under the program during the previous year. (ii) The number of nationals of the country who were identified in United States Government databases related to the identities of known or suspected terrorists during the previous year. (iii) The estimated number of nationals of the country who have traveled to Iraq or Syria at any time on or after March 1, 2011, to engage in terrorism. (iv) The capacity of the country to combat passport fraud. (v) The level of cooperation of the country with the counter-terrorism efforts of the United States. (vi) The adequacy of the border and immigration control of the country. (vii) Any other criteria the Secretary of Homeland Security determines to be appropriate. (C) Suspension of designation The Secretary of Homeland Security, in consultation with the Secretary of State, may suspend the designation of a program country based on a determination that the country presents a high risk to the national security of the United States under subparagraph (A) until such time as the Secretary determines that the country no longer presents such a risk. (D) Report Not later than 60 days after the date of the enactment of this paragraph, and annually thereafter, the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report, which includes an evaluation and threat assessment of each country determined to present a high risk to the national security of the United States under subparagraph (A). . 7. Enhancements to the electronic system for travel authorization (a) In general Section 217(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h)(3) ) is amended— (1) in subparagraph (C)(i), by inserting after any such determination the following: or shorten the period of eligibility under any such determination ; (2) by striking subparagraph (D) and inserting the following: (D) Fraud detection The Secretary of Homeland Security shall research opportunities to incorporate into the System technology that will detect and prevent fraud and deception in the System. (E) Additional and previous countries of citizenship The Secretary of Homeland Security shall collect from an applicant for admission pursuant to this section information on any additional or previous countries of citizenship of that applicant. The Secretary shall take any information so collected into account when making determinations as to the eligibility of the alien for admission pursuant to this section. (F) Report on certain limitations on travel Not later than 30 days after the date of the enactment of this subparagraph and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate a report on the number of individuals who were denied eligibility to travel under the program, or whose eligibility for such travel was revoked during the previous year, and the number of such individuals determined, in accordance with subsection (a)(6), to represent a threat to the national security of the United States, and shall include the country or countries of citizenship of each such individual. . (b) Report Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate a report on steps to strengthen the electronic system for travel authorization authorized under section 217(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h)(3) )) in order to better secure the international borders of the United States and prevent terrorists and instruments of terrorism from entering the United States. 8. Provision of assistance to non-program countries The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide assistance in a risk-based manner to countries that do not participate in the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) to assist those countries in— (1) submitting to Interpol information about the theft or loss of passports of citizens or nationals of such a country; and (2) issuing, and validating at the ports of entry of such a country, electronic passports that are fraud-resistant, contain relevant biographic and biometric information (as determined by the Secretary of Homeland Security), and otherwise satisfy internationally accepted standards for electronic passports. 9. Clerical amendments (a) Secretary of Homeland Security Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ), as amended by this Act, is further amended by striking Attorney General each place such term appears (except in subsection (c)(11)(B)) and inserting Secretary of Homeland Security . (b) Electronic system for travel authorization Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ), as amended this Act, is further amended— (1) by striking electronic travel authorization system each place it appears and inserting electronic system for travel authorization ; (2) in the heading in subsection (a)(11), by striking electronic travel authorization system and inserting electronic system for travel authorization ; and (3) in the heading in subsection (h)(3), by striking electronic travel authorization system and inserting electronic system for travel authorization . 10. Sense of Congress It is the sense of Congress that the International Civil Aviation Organization, the specialized agency of the United Nations responsible for establishing international standards, specifications, and best practices related to the administration and governance of border controls and inspection formalities, should establish standards for the introduction of electronic passports (referred to in this section as e-passports ), and obligate member countries to utilize such e-passports as soon as possible. Such e-passports should be a combined paper and electronic passport that contains biographic and biometric information that can be used to authenticate the identity of travelers through an embedded chip.

Passed the House of Representatives December 8, 2015. Karen L. Haas, Clerk