Secure Travel and Counterterrorism Partnership Act - Expresses the sense of Congress that: (1) the United States should modernize the visa waiver program by enhancing program security requirements and extending visa-free travel privileges to nationals of foreign countries that are allies in the war on terrorism; and (2) such expansion will have positive security, economic, and bilateral effects.
Amends the Immigration and Nationality Act with respect to the visa waiver program to authorize waiver of low visa refusal rate requirements for a country that meets security and counterterrorism cooperation requirements and has a sustained reduction in visa refusal rates.
Authorizes the Secretary of Homeland Security to consider: (1) specified security-related issues in determining whether to waive low visa refusal requirements; and (2) visa overstay rates in determining program eligibility.
Provides for the following program security enhancements: (1) implementation of an electronic travel authorization system which shall provide biographical information; (2) participant country reporting of lost and stolen passports to the U.S. government; (3) participant country acceptance of its citizens or nationals removed from the United States; and (4) security-related information exchange about a country's citizens or nationals traveling to the United States.
Requires the Secretary to establish an exit system that records the departure on a flight leaving the United States of every alien program participant. Requires that such system: (1) match an alien's biometric information against watch lists and immigration information; and (2) compare such biometric information against air carrier manifests to confirm departures.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 653 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 653
To expand visa waiver program to countries on a probationary basis and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2007
Mr. Voinovich (for himself, Mr. Akaka, Mr. Lugar, Ms. Mikulski, and Mr.
Stevens) 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--
(1) the United States should modernize the visa waiver
program by simultaneously--
(A) enhancing program security requirements; and
(B) extending visa-free travel privileges to
nationals of foreign countries that are allies in the
war on terrorism; and
(2) the expansion described in paragraph (1) will--
(A) enhance bilateral cooperation on critical
counterterrorism and information sharing initiatives;
(B) support and expand tourism and business
opportunities to enhance long-term economic
competitiveness; and
(C) strengthen bilateral relationships.
SEC. 3. DISCRETIONARY 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) Nonimmigrant visa refusal rate flexibility.--The
Secretary of Homeland Security, in consultation with the
Secretary of State, may waive the application of paragraph
(2)(A) for a country if--
``(A) the country meets all existing security
requirements and enhanced security requirements
described in section 4 of the Secure Travel and
Counterterrorism Partnership Act;
``(B) the Secretary of Homeland Security determines
that the totality of the country's security risk
mitigation measures provide assurance that the
country's participation in the program would not
compromise the law enforcement, security interests, or
enforcement of the immigration laws of the United
States;
``(C) there has been a sustained reduction in visa
refusal rates for aliens from the country and
conditions exist to continue such reduction; and
``(D) the country cooperated with the Government of
the United States on counterterrorism initiatives and
information sharing before the date of its designation
as a program country, and the Secretary of Homeland
Security and the Secretary of State expect such
cooperation will continue.
``(9) Discretionary security-related considerations.--
``(A) In general.--In determining whether to waive
the application of paragraph (2)(A) for a country,
pursuant to paragraph (8), the Secretary of Homeland
Security, in consultation with the Secretary of State,
may take into consideration other factors affecting the
security of the United States, including--
``(i) airport security standards in the
country;
``(ii) whether the country assists in the
operation of an effective air marshal program;
``(iii) the standards of passports and
travel documents issued by the country; and
``(iv) other security-related factors.
``(B) Overstay rates.--In determining whether to
permit a country to participate in the program, the
Secretary of Homeland Security may consider the
estimated rate at which nationals of the country
violate the terms of their visas by remaining in the
United States after the expiration of such visas.''.
SEC. 4. SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM.
(a) In General.--Section 217 of the Immigration and Nationality Act
(8 U.S.C. 1187) is amended--
(1) in subsection (a)--
(A) by striking ``Operators of aircraft'' and
inserting the following:
``(10) Electronic transmission of identification
information.--Operators of aircraft''; and
(B) by adding at the end the following:
``(11) Eligibility determination under the electronic
travel authorization system.--Beginning on the date on which
the electronic travel authorization system developed under
subsection (h)(3) is fully operational, each alien traveling
under the program shall, before applying for admission,
electronically provide basic biographical information to the
system. Upon review of such biographical information, the
Secretary of Homeland Security shall determine whether the
alien is eligible to travel to the United States under the
program.'';
(2) in subsection (c), as amended by section 3 of this
Act--
(A) in paragraph (2)--
(i) by amending subparagraph (D) to read as
follows:
``(D) Reporting lost and stolen passports.--The
government of the country enters into an agreement with
the United States to report, or make available through
Interpol, to the United States Government information
about the theft or loss of passports within a strict
time limit and in a manner specified in the
agreement.''; and
(ii) by adding at the end the following:
``(E) Repatriation of aliens.--The government of
the country accepts for repatriation any citizen,
former citizen, or national against whom a final
executable order of removal is issued not later than 3
weeks after the issuance of the final order of removal.
Nothing in this subparagraph creates any duty for the
United States or any right for any alien with respect
to removal or release. Nothing in this subparagraph
gives rise to any cause of action or claim under this
paragraph or any other law against any official of the
United States or of any State to compel the release,
removal, or consideration for release or removal of any
alien.
``(F) Passenger information exchange.--The
government of the country enters into an agreement with
the United States to share information regarding
whether nationals of that country traveling to the
United States represent a threat to the security or
welfare of the United States or its citizens.'';
(B) in paragraph (5)--
(i) by striking ``Attorney General'' each
place it appears and inserting ``Secretary of
Homeland Security''; and
(ii) in subparagraph (A)(i)--
(I) in subclause (II), by striking
``and'' at the end;
(II) in subclause (III), by
striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the
following:
``(IV) shall submit to Congress a
report regarding the implementation of
the electronic travel authorization
system under subsection (h)(3) and the
participation of new countries in the
program through a waiver under
paragraph (8).''; and
(C) by adding at the end the following:
``(10) Technical assistance.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
provide technical assistance to program countries to assist
those countries in meeting the requirements under this
section.'';
(3) in subsection (f)(5), by striking ``of blank'' and
inserting ``or loss of''; and
(4) in subsection (h), by adding at the end the following:
``(3) Electronic travel authorization system.--
``(A) System.--The Secretary of Homeland Security,
in consultation with the Secretary of State, is
authorized to develop and implement a fully automated
electronic travel authorization system (referred to in
this paragraph as the `System') to collect such basic
biographical information as the Secretary of Homeland
Security determines to be necessary to determine, in
advance of travel, the eligibility of an alien to
travel to the United States under the program.
``(B) Fees.--The Secretary of Homeland Security may
charge a fee for the use of the System, which shall
be--
``(i) set at a level that will ensure
recovery of the full costs of providing and
administering the System; and
``(ii) available to pay the costs incurred
to administer the System.
``(C) Validity.--
``(i) Period.--The Secretary of Homeland
Security, in consultation with the Secretary of
State shall prescribe regulations that provide
for a period, not to exceed 3 years, during
which a determination of eligibility to travel
under the program will be valid.
Notwithstanding any other provision under this
section, the Secretary of Homeland Security may
revoke any such determination at any time and
for any reason.
``(ii) Limitation.--A determination that an
alien is eligible to travel to the United
States under the program is not a determination
that the alien is admissible to the United
States.
``(iii) Judicial review.--Notwithstanding
any other provision of law, no court shall have
jurisdiction to review an eligibility
determination under the System.
``(D) Report.--Not later than 60 days before
publishing notice regarding the implementation of the
System in the Federal Register, the Secretary of
Homeland Security shall submit a report regarding the
implementation of the System to--
``(i) the Committee on Homeland Security
and Governmental Affairs of the Senate;
``(ii) the Committee on the Judiciary of
the Senate;
``(iii) the Select Committee on
Intelligence of the Senate;
``(iv) the Committee on Appropriations of
the Senate;
``(v) the Committee on Homeland Security of
the House of Representatives;
``(vi) the Committee on the Judiciary of
the House of Representatives;
``(vii) the Permanent Select Committee on
Intelligence of the House of Representatives;
and
``(viii) the Committee on Appropriations of
the House of Representatives.''.
(b) Effective Date.--Section 217(a)(11) of the Immigration and
Nationality Act, as added by subsection (a)(1)(B) shall take effect on
the date which is 60 days after the date on which the Secretary of
Homeland Security publishes notice in the Federal Register of the
requirement of such paragraph.
SEC. 5. EXIT SYSTEM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Homeland Security shall
establish an exit system that records the departure on a flight leaving
the United States of every alien participating in the visa waiver
program established under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187).
(b) System Requirements.--The system established under subsection
(a) shall--
(1) match biometric information of the alien against
relevant watch lists and immigration information; and
(2) compare such biometric information against manifest
information collected by air carriers on passengers departing
the United States to confirm such individuals have departed the
United States.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to Congress
that describes--
(1) the progress made in developing and deploying the exit
system established under this section; and
(2) the procedures by which the Secretary will improve the
manner of calculating the rates of nonimmigrants who violate
the terms of their visas by remaining in the United States
after the expiration of such visas.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, and the amendments made by this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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