[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 158 Received in Senate (RDS)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visa Waiver Program Improvement and
Terrorist Travel Prevention Act of 2015''.
SEC. 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)).
SEC. 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.''.
SEC. 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).''.
SEC. 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.
SEC. 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).''.
SEC. 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.
SEC. 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.
SEC. 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''.
SEC. 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.
Attest:
KAREN L. HAAS,
Clerk.