Sec. 6. Visa Waiver Program security

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Section 217(a) of the Immigration and Nationality Act ( 8 U.S.C. 1187(a) ) is amended by adding at the end the following: Except as provided in subparagraphs

(B)and (C)— the alien has not been present, at any time on or after March 1, 2011— in Iraq or Syria; 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 in any other country or area of concern designated by the Secretary of Homeland Security under subparagraph (D); and regardless of whether the alien is a national of a program country, the alien is not a national of— Iraq or Syria; 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 any other country that is designated, at the time the alien applies for admission, by the Secretary of Homeland Security under subparagraph (D). Subparagraph (A)(i) shall not apply to an alien if the Secretary of Homeland Security determines that the alien was present— in order to perform military service in the armed forces of a program country; or in order to carry out official duties as a full-time employee of the government of a program country. The Secretary of Homeland Security may waive the application of subparagraph

(A)with respect to an alien if the Secretary determines that such a waiver is in the law enforcement or national security interests of the United States. 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. In making a determination under clause (i), the Secretary shall consider— 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; whether a foreign terrorist organization has a significant presence in the country or area; and whether the country or area is a safe haven for terrorists. The Secretary shall conduct an annual review of any determination made under clause (i). 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 a report to the Committee on Homeland Security of the House of Representatives , the Committee on Foreign Affairs of the House of Representatives , the Committee on the Judiciary of the House of Representatives , the Permanent Select Committee on Intelligence of the House of Representatives , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Relations of the Senate , the Select Committee on Intelligence of the Senate , and the Committee on the Judiciary of the Senate that describes each instance in which the Secretary exercised the waiver authority under subparagraph

(C)during the previous year. . Section 217(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2) ) is amended— by redesignating subparagraphs (D), (E), and

(F)as subparagraphs (E), (F), and (G), respectively; and by inserting after subparagraph

(C)the following: The government of the country, for travel requiring a passport or other government-issued travel document, screens travelers crossing the country’s borders as early in the vetting process as possible using INTERPOL’s Stolen and Lost Travel Documents databases or other means designated by the Secretary of Homeland Security to determine if travelers crossing the country’s borders are using stolen or lost travel documents. . Section 217(c)(2)(E) of such Act, as redesignated by paragraph (1)(A), is amended by striking within a strict time limit and inserting not later than 24 hours after becoming aware of the theft or loss . Section 217(c)(2)(G) of such Act, as redesignated by paragraph (1)(A), is amended by inserting before the period at the end the following: , and fully implements such agreement . Section 217(c)(2) of such Act, as amended by paragraphs

(1)through (3), is further amended by adding at the end the following: 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. The requirement under this subparagraph shall not apply to travel between countries within the Schengen Zone. . If the Secretary of Homeland Security, in consultation with the Secretary of State, determines that a Visa Waiver Program country has not complied with a requirement under subparagraph (D), (E), (F), or

(G)of section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ), or any additional requirement determined by the Secretary of Homeland Security, the Secretary may terminate the participation of such country in the Visa Waiver Program. The Secretary of Homeland Security, in consultation with the Secretary of State, may redesignate a terminated country as a Visa Waiver Program country if the Secretary of Homeland Security determines that the government of the country is complying with— all of the requirements set forth in subsection (b), including the amendments made by subsection (b); the information sharing agreement required under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ); and any additional program requirements determined by the Secretary of Homeland Security. The Secretary of Homeland Security shall notify Congress— of any former Visa Waiver Program country that has been terminated from participation in the Visa Waiver Program and the reasons for such termination; and whether a country described in subparagraph

(A)has been deemed eligible for redesignation as a Visa Waiver Program country, including the steps taken by the government of such country to qualify for participation in the Visa Waiver Program. If Congress has not objected to the redesignation of a country described in paragraph

(2)before the date that is 30 days after the notification date under subparagraph (A), the Secretary of Homeland Security may redesignate the country as a Visa Waiver Program country. Section 217(c) of the Immigration and Nationality Act, as amended by subsection (b), is further amended— in paragraph (2), by adding at the end the following: The government of the country enters into, and complies with, an agreement with the United States to assist in the operation of an effective Air Marshal Program. The government of the country complies with United States aviation and airport security standards, as determined by the Secretary of Homeland Security. ; and in paragraph (9)— by striking subparagraph (B); and by redesignating subparagraphs

(C)and

(D)as subparagraphs

(B)and (C), respectively. Not later than October 1, 2016, the government of each Visa Waiver Program country shall certify that the country issues to its citizens machine-readable, electronic passports that comply with the biometric and document identifying standards established by the International Civil Aviation Organization. Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to Congress a list of all the Visa Waiver Program countries whose governments have certified the regular issuance of machine-readable electronic passports to their citizens. Not later than April 1, 2016, every citizen or national of a Visa Waiver Program country who is cleared to travel to the United States under the Electronic System for Travel Authorization shall possess, at the time of admission, a valid, unexpired, tamper-resistant, machine-readable passport that incorporates biometric and document authentication identifiers that comply with the standards described in paragraph (1). Section 217(c) of the Immigration and Nationality Act, as amended by this section, is further amended— in paragraph (3), by striking after the initial period ; and by amending paragraph

(4)to read as follows: In determining whether a country should be designated as a program country or whether a program country should retain its designation as a program country, the Secretary of Homeland Security shall consider whether the government of the country— collects and analyzes the information described in subsection (a)(10), including advance passenger information and passenger name records, and similar information pertaining to flights not bound for the United States, to identify potentially dangerous individuals who may attempt to travel to the United States, and shares such information and the results of such analyses with the Government of the United States; collects and analyzes biometric and other information about individuals other than United States nationals who are applying for asylum, refugee status, or another form of non-refoulment protection in such country, and shares such information and the results of such analyses with the Government of the United States; shares intelligence about foreign fighters with the United States and with multilateral organizations, such as INTERPOL and EUROPOL; and has consistently cooperated with the Government of the United States on counterterrorism initiatives, information sharing, preventing terrorist travel, and extradition to the United States of individuals (including the country’s own nationals) who commit crimes that violate United States law before the date of its designation as a program country, and whether the Secretary of Homeland Security and the Secretary of State believe that such cooperation is likely to continue. . Section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) ), as amended by this section, is further amended— in paragraph (2)(C), by amending clause

(iii)to read as follows: submits a written report to the Committee on the Judiciary of the House of Representatives , the Committee on Foreign Affairs of the House of Representatives , the Committee on Homeland Security of the House of Representatives , the Committee on the Judiciary of the Senate , the Committee on Foreign Relations of the Senate , and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the country’s qualification for designation that includes an explanation of such determination. ; and in paragraph (5)(A)(i)— by amending subclause

(III)to read as follows: shall submit a written report to the Committee on the Judiciary of the House of Representatives , the Committee on Foreign Affairs of the House of Representatives , the Committee on Homeland Security of the House of Representatives , the Permanent Select Committee on Intelligence of the House of Representatives , the Committee on the Judiciary of the Senate , the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , and the Select Committee on Intelligence of the Senate regarding the continuation or termination of the country’s designation that includes an explanation of such determination and the effects described in subclause (I); ; in subclause (IV), by striking the period at the end and inserting ; and ; and by adding at the end the following: shall submit a report to the committees described in subclause

(III)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; the compliance of the government of each such country with the requirements under subparagraphs

(D)and

(F)of paragraph (2); and each such government’s capacity to comply with such requirements. . Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report described in section 217(c)(5)(A)(i)(V) of the Immigration and Nationality Act, as added by paragraph (1). Section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) ), as amended by this section, is further amended by adding at the end the following: The Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall annually— evaluate program countries based on the criteria described in subparagraph (B); and identify any program country from which the admission of nationals under the program would, in the Secretary’s determination, present a high risk to the national security of the United States. The evaluation of each program country under subparagraph (A)(i) shall include the consideration of— the number of nationals of the country determined to be ineligible to travel to the United States under the program during the previous year; 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; 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; the capacity of the country to combat passport fraud; the level of cooperation of the country with the counter-terrorism efforts of the United States; the adequacy of the border and immigration control of the country; and any other criteria that the Secretary of Homeland Security determines to be appropriate. The Secretary of Homeland Security, in consultation with the Secretary of State, may suspend the designation of a program country based on a determination under subparagraph (A)(ii) that the country presents a high risk to the national security of the United States until the Secretary determines that the country no longer presents such a risk. 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 a report to the Committee on the Judiciary of the House of Representatives , the Committee on Foreign Affairs of the House of Representatives , the Committee on Homeland Security of the House of Representatives , the Permanent Select Committee on Intelligence of the House of Representatives , the Committee on the Judiciary of the Senate , the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , and the Select Committee on Intelligence of the Senate that 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). . Section 217(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h)(3) ) is amended— in subparagraph (C)(i), by inserting or shorten the period of eligibility under any such determination after any such determination ; and by striking subparagraph

(D)and inserting the following: 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. The Secretary of Homeland Security shall— collect from each applicant for admission under this section information on any additional or previous countries of citizenship of such applicant; and take any information collected under clause

(i)into account when making determinations regarding the eligibility of the alien for admission under this section. 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 a report to the Committee on the Judiciary of the House of Representatives , the Committee on Foreign Affairs of the House of Representatives , the Committee on Homeland Security of the House of Representatives , the Committee on the Judiciary of the Senate , the Committee on Foreign Relations of the Senate , and the Committee on Homeland Security and Governmental Affairs of the Senate that describes, for the reporting period— the number of individuals who were denied eligibility to travel under the program; the number of individuals whose eligibility for travel under the program; the number of individuals described in clause

(i)or

(ii)who were determined, under subsection (a)(6), to represent a threat to the national security of the United States; and the country or countries of citizenship of each such individual described in clause (iii). . 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 a report that describes 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 to prevent terrorists and instruments of terrorism from entering the United States. The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide risk-based assistance to each country that does not participate in the visa waiver program to assist each such country with— submitting information to INTERPOL about the theft or loss of passports of citizens or nationals of such country; and issuing, and validating at the ports of entry of such 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. Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ), as amended by this section, is further amended by striking Attorney General each place such term appears (except in subsection (c)(11)(B)) and inserting Secretary of Homeland Security . Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ), as amended this section, is further amended— in subsection (a)(11), by striking from the paragraph heading and inserting electronic travel authorization system ; electronic system for travel authorization in subsection (h)(3)— by striking from the paragraph heading and inserting electronic travel authorization system ; and electronic system for travel authorization by striking the alien and inserting an alien ; and by striking electronic travel authorization system each place such term appears and inserting electronic system for travel authorization ; It is the sense of Congress that— the International Civil Aviation Organization, which is the specialized agency of the United Nations responsible for establishing international standards, specifications, and best practices relating to the administration and governance of border controls and inspection formalities, should— establish standards for the introduction of electronic passports (referred to in this subsection as e-passports ); and obligate member countries to utilize e-passports as soon as possible; and 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.

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Sec. 6

Visa Waiver Program security

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