Safe, Efficient, Coordinated, Unified, Revitalized, Enhanced Visa Waiver Act - Directs the Secretary of Homeland Security to establish an electronic system that requires aliens seeking entry to the United States under the visa waiver program (VWP) to submit biographical information prior to embarkation. Requires such system to: (1) make electronic determinations of eligibility for admission within 30 minutes; (2) require carriers and other corporations providing transportation to inquire electronically, prior to embarkation, whether the alien has been determined eligible for admission and to respond to such inquiries within 90 seconds; and (3) be deployed as soon as possible.
Requires the Secretary: (1) to charge a fee to VWP aliens that ensures the recovery of the full costs of establishing and operating the system; and (2) in developing the system, to consult with and allow for review by a private sector group consisting of experts in travel, tourism, privacy, national security, or computer security issues.
Amends the Enhanced Border Security and Visa Entry Reform Act to extend by one year: (1) the deadline for installing equipment and software at U.S. ports of entry to allow biometric comparison and authentication of machine-readable passports issued by VWP countries; and (2) the deadline for VWP aliens to present such passports.
Authorizes the Secretary to grant up to two extensions of the new deadlines where the VWP country is making substantial progress toward issuing machine-readable, tamper-resistant passports that incorporate biometric and document authentication identifiers.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4550 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4550
To secure the visa waiver program under section 217 of the Immigration
and Nationality Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2004
Mr. Turner of Texas (for himself, Mr. Frank of Massachusetts, and Mr.
Berman) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To secure the visa waiver program under section 217 of the Immigration
and Nationality Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe, Efficient, Coordinated,
Unified, Revitalized, Enhanced Visa Waiver Act''.
SEC. 2. ELECTRONIC SUBMISSION OF BIOGRAPHICAL INFORMATION BY VISA
WAIVER PARTICIPANTS.
(a) In General.--The Secretary of Homeland Security shall
establish, as part of the integrated entry and exit data system
required under section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), an electronic
system through which an alien seeking to enter the United States
without a visa under the visa waiver program described in section 217
of the Immigration and Nationality Act (8 U.S.C. 1187) is required to
submit biographical information prior to embarkation.
(b) Elements.--The electronic system required to be established
under subsection (a) shall satisfy the following requirements:
(1) Electronic determination of eligibility.--The system
shall include a method for an electronic determination to be
made, and an electronic response to be provided, in 30 minutes
or less, as to whether or not an alien submitting information
as described in subsection (a) is eligible to be admitted to
the United States as a nonimmigrant visitor described in
section 101(a)(15)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(B)).
(2) Carrier obligations.--The system shall include a method
for requiring--
(A) carriers and other corporations described in
section 217(a)(5) of such Act (8 U.S.C. 1187(a)(5)) to
inquire electronically, prior to an alien passenger's
embarkation without a visa, whether the alien has been
determined, using the system described in this section,
to be eligible for such an admission; and
(B) the electronic response to such inquiry to be
provided in 90 seconds or less.
(3) Deployment.--The system shall be deployed as soon as
possible after the date of the enactment of this Act.
(4) Fee.--The Secretary of Homeland Security shall
establish a fee to be charged to aliens described in subsection
(a) that is set at a level that will ensure the recovery of the
full costs of establishing and operating the system.
(c) Consultation.--In developing the system, the Secretary of
Homeland Security shall consult with, and allow for the system's review
by, a private sector group consisting of individuals with expertise in
travel, tourism, privacy, national security, or computer security
issues.
SEC. 3. CHANGE TO REQUIREMENT FOR READERS AND SCANNERS AT PORTS OF
ENTRY.
Section 303(b)(2)(A) of the Enhanced Border Security and Visa Entry
Reform Act (8 U.S.C. 1732(b)(2)(A)) is amended to read as follows:
``(A) In general.--Not later than October 26, 2004,
the Secretary of Homeland Security, in consultation
with the Secretary of State, shall install at all ports
of entry into the United States equipment and software
to allow biometric comparison and authentication of all
United States visas and other travel and entry
documents issued to aliens. Not later than October 26,
2005, the Secretary of Homeland Security, in
consultation with the Secretary of State, shall install
at all ports of entry into the United States equipment
and software to allow biometric comparison and
authentication of passports issued pursuant to
subsection (c)(1).''.
SEC. 4. TECHNOLOGY STANDARD IMPLEMENTATION DEADLINE.
Section 303(c) of the Enhanced Border Security and Visa Entry
Reform Act (8 U.S.C. 1732(c)) is amended, in each of paragraphs (1) and
(2), by striking ``2004,'' and inserting ``2005,''.
SEC. 5. LIMITED GOOD FAITH WAIVER.
Section 303(c) of the Enhanced Border Security and Visa Entry
Reform Act (8 U.S.C. 1732(c)) is amended by adding at the end the
following:
``(3) Limited good faith waiver.--
``(A) In general.--The Secretary of Homeland
Security, in consultation with the Secretary of State,
may grant not more than 2 extensions for a country, and
its nationals, of the deadlines in paragraphs (1) and
(2), respectively, upon a determination that the
country is making substantial progress towards ensuring
that the passports the country issues to its nationals
satisfy the requirements of paragraph (1). Each such
extension shall be for a period not exceeding 6 months.
``(B) Factors.--In determining whether a country is
making substantial progress under subparagraph (A), the
Secretary of Homeland Security shall take into account
the following factors, which shall be certified by the
Secretary of State:
``(i) Whether the country has made a good
faith effort to satisfy the requirements of
paragraph (1) not later than October 26, 2005.
``(ii) Whether the country has a program
designed to satisfy the requirements of
paragraph (1) not later than October 26, 2006.
``(iii) Whether the country has commenced a
pilot program under which some number of
passports that satisfy the requirements of
paragraph (1) will be issued before March 26,
2006.
``(4) Reports.--
``(A) Initial.--Not later than October 26, 2005,
the Secretary of Homeland Security, in consultation
with the Secretary of State, shall issue an initial
report on the status of countries' progress in meeting
the requirements of paragraph (1).
``(B) Final.--Not later than April 25, 2006, the
Secretary of Homeland Security, in consultation with
the Secretary of State, shall issue a final report on
the status of countries' progress in meeting the
requirements of paragraph (1).''.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.
Section 303 of the Enhanced Border Security and Visa Entry Reform
Act (8 U.S.C. 1732) is amended by striking ``Attorney General'' each
place that term appears and inserting ``Secretary of Homeland
Security''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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