Secure Travel and Counterterrorism Partnership Act - Expresses the sense of Congress that the United States should expand the visa waiver program to nationals of foreign countries that are allies in the war on terrorism.
Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish a pilot program to expand the visa waiver program for up to five new countries that are are cooperating with the United States on security and counterterrorism matters.
Requires a country, prior to participation, to conclude a counterterrorism and security information sharing agreement with the United States.
Authorizes: (1) a country to participate for an initial three-year period, with an additional two-year extension; and (2) the Secretary to terminate a country's participation for program noncompliance.
Directs the Secretary to develop and implement procedures to improve the manner of calculating visa overstay rates.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4100 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 4100
To expand visa waiver program to countries on a probationary basis and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2006
Mr. Voinovich (for himself, Mr. Akaka, Mr. Lugar, Ms. Mikulski, and Mr.
Santorum) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To expand visa waiver program to countries on a probationary basis 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 ``Secure Travel and Counterterrorism
Partnership Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the United States should expand
the visa waiver program to extend visa-free travel privileges to
nationals of foreign countries that are allies in the war on terrorism
as that expansion will--
(1) enhance bilateral cooperation on critical
counterterrorism and information sharing initiatives;
(2) support and expand tourism and business opportunities
to enhance long-term economic competitiveness; and
(3) strengthen bilateral relationships.
SEC. 3. VISA WAIVER PROGRAM EXPANSION.
Section 217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)) is amended by adding at the end the following:
``(8) Probationary participation of program countries.--
``(A) Requirement to establish.--Notwithstanding
any other provision of this section and not later than
1 year after the date of the enactment of the Secure
Travel and Counterterrorism Partnership Act, the
Secretary of Homeland Security, in consultation with
the Secretary of State, shall establish a pilot program
to permit not more than 5 foreign countries that are
not designated as program countries under paragraph (1)
to participate in the program.
``(B) Designation as a probationary program
country.--A foreign country is eligible to participate
in the program under this paragraph if--
``(i) the Secretary of Homeland Security
determines that such participation will not
compromise the security or law enforcement
interests of the United States;
``(ii) that country is close to meeting all
the requirements of paragraph (2) and other
requirements for designation as a program
country under this section and has developed a
feasible strategic plan to meet all such
requirements not later than 3 years after the
date the country begins participation in the
program under this paragraph;
``(iii) that country meets all the
requirements that the Secretary determines are
appropriate to ensure the security and
integrity of travel documents, including
requirements to issue electronic passports that
include biometric information and to promptly
report lost, stolen, or fraudulent passports to
the Government of the United States;
``(iv) that country cooperated with the
Government of the United States on
counterterrorism initiatives and information
sharing before the date of the enactment of
this paragraph; and
``(v) that country has entered into an
agreement with the Government of the United
States by which that country agrees to further
advance United States security interests by
implementing such additional counterterrorism
cooperation and information sharing measures as
may be requested by the Secretary of Homeland
Security, in consultation with the Secretary of
State.
``(C) Considerations for country selection.--
``(i) Visa refusal rates.--The Secretary of
Homeland Security may consider the rate of
refusals of nonimmigrant visitor visas for
nationals of a foreign country in determining
whether to permit that country to participate
in the program under this paragraph but may not
refuse to permit that country to participate in
the program under this paragraph solely on the
basis of such rate unless the Secretary
determines that such rate is a security concern
to the United States.
``(ii) Overstay rates.--The Secretary of
Homeland Security may consider the rate at
which nationals of a foreign country violate
the terms of their visas by remaining in the
United States after the expiration of such a
visa in determining whether to permit that
country to participate in the program under
this paragraph.
``(D) Term of participation.--
``(i) Initial probationary term.--A foreign
country may participate in the program under
this paragraph for an initial term of 3 years.
``(ii) Extension of participation.--The
Secretary of Homeland Security, in consultation
with the Secretary of State, may permit a
country to participate in the program under
this paragraph after the expiration of the
initial term described in clause (i) for 1
additional period of not more than 2 years if
that country--
``(I) has demonstrated significant
progress toward meeting the
requirements of paragraph (2) and all
other requirements for designation as a
program country under this section;
``(II) has submitted a plan for
meeting the requirements of paragraph
(2) and all other requirements for
designation as a program country under
this section; and
``(III) continues to be determined
not to compromise the security or law
enforcement interests of the United
States.
``(iii) Termination of participation.--The
Secretary of Homeland Security may terminate
the participation of a country in the program
under this paragraph at any time if the
Secretary, in consultation with the Secretary
of State, determines that the country--
``(I) is not in compliance with the
requirements of this paragraph; or
``(II) is not able to demonstrate
significant and quantifiable progress,
on an annual basis, toward meeting the
requirements of paragraph (2) and all
other requirements for designation as a
program country under this section.
``(E) Technical assistance.--The Secretary of
Homeland Security, in consultation with the Secretary
of State, shall provide technical guidance to a country
that participates in the program under this paragraph
to assist that country in meeting the requirements of
paragraph (2) and all other requirements for
designation as a program country under this section.
``(F) Reporting requirements.--
``(i) Annual report.--The Secretary of
Homeland Security, in consultation with the
Secretary of State, shall submit to Congress an
annual report on the implementation of this
paragraph.
``(ii) Final assessment.--Not later than 30
days after the date that the foreign country's
participation in the program under this
paragraph terminates, the Secretary of Homeland
Security, in consultation with the Secretary of
State, shall submit a final assessment to
Congress regarding the implementation of this
paragraph. Such final assessment shall contain
the recommendations of the Secretary of
Homeland Security and the Secretary of State
regarding permitting additional foreign
countries to participate in the program under
this paragraph.''.
SEC. 4. CALCULATION OF THE RATES OF VISA OVERSTAYS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Homeland Security shall develop and implement
procedures to improve the manner in which the rates of nonimmigrants
who violate the terms of their visas by remaining in the United States
after the expiration of such a visa are calculated.
SEC. 5. REPORTS.
(a) Visa Fees.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall review the fee structure for visas issued by the United States
and submit to Congress a report on that structure, including any
recommendations of the Comptroller General for improvements to that
structure.
(b) Secure Travel Standards.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland Security, in
conjunction with the Secretary of State, shall submit a report to
Congress that describes plans for enhancing secure travel standards for
existing visa waiver program countries, including the feasibility of
instituting an electronic authorization travel system, additional
passenger information exchanges, and enhanced airport security
standards.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2007 through 2013 to carry out
this Act and the amendment made by this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11500-11501)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S11501-11502)
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