VWP Improvement and Terrorist Travel Prevention Act

II

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.
1

Be it enacted by the Senate and House of Representa-

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2 tives of the United States of America in Congress assembled,

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1

SECTION 1. SHORT TITLE.

2

This Act may be cited as the ‘‘Visa Waiver Program

3 Improvement and Terrorist Travel Prevention Act of
4 2015’’.
5

SEC. 2. ELECTRONIC PASSPORT REQUIREMENT.

6
7

(a) REQUIREMENT
TRONIC

FOR

ALIEN TO POSSESS ELEC-

PASSPORT.—Section 217(a)(3) of the Immigra-

8 tion and Nationality Act (8 U.S.C. 1187(a)(3)) is amend9 ed to read as follows:
10

‘‘(3) PASSPORT

the time of application for admission, is in posses-

12

sion of a valid unexpired passport that satisfies the

13

following:
‘‘(A) MACHINE

READABLE.—The

passport

15

is a machine-readable passport that is tamper-

16

resistant, incorporates document authentication

17

identifiers, and otherwise satisfies the inter-

18

nationally accepted standard for machine read-

19

ability.

20

‘‘(B) ELECTRONIC.—Beginning on April 1,

21

2016, the passport is an electronic passport

22

that is fraud-resistant, contains relevant bio-

23

graphic and biometric information (as deter-

24

mined by the Secretary of Homeland Security),

25

and otherwise satisfies internationally accepted

26

standards for electronic passports.’’.
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11

14

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1

(b) REQUIREMENT

FOR

PROGRAM COUNTRY TO

2 VALIDATE PASSPORTS.—Section 217(c)(2)(B) of the Im3 migration and Nationality Act (8 U.S.C. 1187(c)(2)(B))
4 is amended to read as follows:
5

‘‘(B) PASSPORT

6

PROGRAM.—

‘‘(i) ISSUANCE

OF PASSPORTS.—The

7

government of the country certifies that it

8

issues to its citizens passports described in

9

subparagraph (A) of subsection (a)(3), and

10

on or after April 1, 2016, passports de-

11

scribed in subparagraph (B) of subsection

12

(a)(3).

13

‘‘(ii) VALIDATION

OF PASSPORTS.—

14

Not later than October 1, 2016, the gov-

15

ernment of the country certifies that it has

16

in place mechanisms to validate passports

17

described in subparagraphs (A) and (B) of

18

subsection (a)(3) at each key port of entry

19

into that country. This requirement shall

20

not apply to travel between countries which

21

fall within the Schengen Zone.’’.

22

(c) CONFORMING AMENDMENT.—Section 303(c) of

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23 the Enhanced Border Security and Visa Entry Reform Act
24 of 2002 is repealed (8 U.S.C. 1732(c)).

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1

SEC. 3. RESTRICTION ON USE OF VISA WAIVER PROGRAM

2

FOR

3

COUNTRIES.

4

ALIENS

WHO

TRAVEL

TO

CERTAIN

Section 217(a) of the Immigration and Nationality

5 Act (8 U.S.C. 1187(a)), as amended by this Act, is further
6 amended by adding at the end the following:
7
8

‘‘(12) NOT

OTHER COUNTRY OR AREA OF CONCERN.—

9

‘‘(A) IN

10

GENERAL.—Except

as provided in

subparagraphs (B) and (C)—

11

‘‘(i) the alien has not been present, at

12

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PRESENT IN IRAQ, SYRIA, OR ANY

any time on or after March 1, 2011—

13

‘‘(I) in Iraq or Syria;

14

‘‘(II) in a country that is des-

15

ignated by the Secretary of State

16

under section 6(j) of the Export Ad-

17

ministration Act of 1979 (50 U.S.C.

18

2405) (as continued in effect under

19

the International Emergency Eco-

20

nomic Powers Act (50 U.S.C. 1701 et

21

seq.)), section 40 of the Arms Export

22

Control Act (22 U.S.C. 2780), section

23

620A of the Foreign Assistance Act of

24

1961 (22 U.S.C. 2371), or any other

25

provision of law, as a country, the

26

government of which has repeatedly
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1

provided support of acts of inter-

2

national terrorism; or

3

‘‘(III) in any other country or

4

area of concern designated by the Sec-

5

retary of Homeland Security under

6

subparagraph (D); and

7

‘‘(ii) regardless of whether the alien is

8

a national of a program country, the alien

9

is not a national of—

10

‘‘(I) Iraq or Syria;

11

‘‘(II) a country that is des-

12

ignated, at the time the alien applies

13

for admission, by the Secretary of

14

State under section 6(j) of the Export

15

Administration

16

U.S.C. 2405) (as continued in effect

17

under the International Emergency

18

Economic Powers Act (50 U.S.C.

19

1701 et seq.)), section 40 of the Arms

20

Export Control Act (22 U.S.C. 2780),

21

section 620A of the Foreign Assist-

22

ance Act of 1961 (22 U.S.C. 2371),

23

or any other provision of law, as a

24

country, the government of which has

Act

of

1979

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(50

6
1

repeatedly provided support of acts of

2

international terrorism; or

3

‘‘(III) any other country that is

4

designated, at the time the alien ap-

5

plies for admission, by the Secretary

6

of Homeland Security under subpara-

7

graph (D).

8

‘‘(B) CERTAIN

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9

GOVERNMENT

MILITARY PERSONNEL AND

EMPLOYEES.—Subparagraph

10

(A)(i) shall not apply in the case of an alien if

11

the Secretary of Homeland Security determines

12

that the alien was present—

13

‘‘(i) in order to perform military serv-

14

ice in the armed forces of a program coun-

15

try; or

16

‘‘(ii) in order to carry out official du-

17

ties as a full-time employee of the govern-

18

ment of a program country.

19

‘‘(C) WAIVER.—The Secretary of Home-

20

land Security may waive the application of sub-

21

paragraph (A) to an alien if the Secretary de-

22

termines that such a waiver is in the law en-

23

forcement or national security interests of the

24

United States.

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‘‘(D) COUNTRIES

2

AREAS

‘‘(i) IN

CON-

GENERAL.—Not

later than 60

4

days after the date of the enactment of

5

this paragraph, the Secretary of Homeland

6

Security, in consultation with the Sec-

7

retary of State and the Director of Na-

8

tional Intelligence, shall determine whether

9

the requirement under subparagraph (A)

10

shall apply to any other country or area.

11

‘‘(ii) CRITERIA.—In making a deter-

12

mination under clause (i), the Secretary

13

shall consider—

14

‘‘(I) whether the presence of an

15

alien in the country or area increases

16

the likelihood that the alien is a cred-

17

ible threat to the national security of

18

the United States;

19

‘‘(II) whether a foreign terrorist

20

organization has a significant pres-

21

ence in the country or area; and

22

‘‘(III) whether the country or

23

area is a safe haven for terrorists.

24

‘‘(iii) ANNUAL

25

REVIEW.—The

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Sec-

retary shall conduct a review, on an annual

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OF

CERN.—

3

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OR

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1

basis, of any determination made under

2

clause (i).

3

‘‘(E) REPORT.—Beginning not later than

4

1 year after the date of the enactment of this

5

paragraph, and annually thereafter, the Sec-

6

retary of Homeland Security shall submit to the

7

Committee on Homeland Security, the Com-

8

mittee on Foreign Affairs, the Permanent Se-

9

lect Committee on Intelligence, and the Com-

10

mittee on the Judiciary of the House of Rep-

11

resentatives, and the Committee on Homeland

12

Security and Governmental Affairs, the Com-

13

mittee on Foreign Relations, the Select Com-

14

mittee on Intelligence, and the Committee on

15

the Judiciary of the Senate a report on each in-

16

stance in which the Secretary exercised the

17

waiver authority under subparagraph (C) dur-

18

ing the previous year.’’.

19

SEC. 4. DESIGNATION REQUIREMENTS FOR PROGRAM

20
21

COUNTRIES.

(a) REPORTING LOST

AND

STOLEN PASSPORTS.—

22 Section 217(c)(2)(D) of the Immigration and Nationality
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23 Act (8 U.S.C. 1187(c)(2)(D)), as amended by this Act,
24 is further amended by striking ‘‘within a strict time limit’’

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1 and inserting ‘‘not later than 24 hours after becoming
2 aware of the theft or loss’’.
3

(b) INTERPOL SCREENING.—Section 217(c)(2) of the

4 Immigration and Nationality Act (8 U.S.C. 1187(c)(2)),
5 as amended by this Act, is further amended by adding
6 at the end the following:

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7

‘‘(G) INTERPOL

SCREENING.—Not

later

8

than 270 days after the date of the enactment

9

of this subparagraph, except in the case of a

10

country in which there is not an international

11

airport, the government of the country certifies

12

to the Secretary of Homeland Security that, to

13

the maximum extent allowed under the laws of

14

the country, it is screening, for unlawful activ-

15

ity, each person who is not a citizen or national

16

of that country who is admitted to or departs

17

that country, by using relevant databases and

18

notices maintained by Interpol, or other means

19

designated by the Secretary of Homeland Secu-

20

rity. This requirement shall not apply to travel

21

between

22

Schengen Zone.’’.

23

(c) IMPLEMENTATION

countries

OF

which

fall

within

the

PASSENGER INFORMATION

24 EXCHANGE AGREEMENT.—Section 217(c)(2)(F) of the
25 Immigration

and

Nationality

Act

(8

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U.S.C.

10
1 1187(c)(2)(F)), as amended by this Act, is further amend2 ed by inserting before the period at the end the following:
3 ‘‘, and fully implements such agreement’’.
4

(d) TERMINATION

OF

DESIGNATION.—Section 217(f)

5 of the Immigration and Nationality Act (8 U.S.C.

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6 1187(f)) is amended by adding at the end the following:
7

‘‘(6) FAILURE

8

‘‘(A) IN

TO SHARE INFORMATION.—
GENERAL.—If

the Secretary of

9

Homeland Security and the Secretary of State

10

jointly determine that the program country is

11

not sharing information, as required by sub-

12

section (c)(2)(F), the Secretary of Homeland

13

Security shall terminate the designation of the

14

country as a program country.

15

‘‘(B) REDESIGNATION.—In the case of a

16

termination under this paragraph, the Secretary

17

of Homeland Security shall redesignate the

18

country as a program country, without regard

19

to paragraph (2) or (3) of subsection (c) or

20

paragraphs (1) through (4), when the Secretary

21

of Homeland Security, in consultation with the

22

Secretary of State, determines that the country

23

is sharing information, as required by sub-

24

section (c)(2)(F).

25

‘‘(7) FAILURE

TO SCREEN.—

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1

‘‘(A) IN

GENERAL.—Beginning

on the date

2

that is 270 days after the date of the enact-

3

ment of this paragraph, if the Secretary of

4

Homeland Security and the Secretary of State

5

jointly determine that the program country is

6

not conducting the screening required by sub-

7

section (c)(2)(G), the Secretary of Homeland

8

Security shall terminate the designation of the

9

country as a program country.

10

‘‘(B) REDESIGNATION.—In the case of a

11

termination under this paragraph, the Secretary

12

of Homeland Security shall redesignate the

13

country as a program country, without regard

14

to paragraph (2) or (3) of subsection (c) or

15

paragraphs (1) through (4), when the Secretary

16

of Homeland Security, in consultation with the

17

Secretary of State, determines that the country

18

is conducting the screening required by sub-

19

section (c)(2)(G).’’.

20

SEC. 5. REPORTING REQUIREMENTS.

21

(a) IN GENERAL.—Section 217(c) of the Immigration

22 and Nationality Act (8 U.S.C. 1187(c)), as amended by
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23 this Act, is further amended—
24

(1) in paragraph (2)(C)(iii)—

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(A) by striking ‘‘and the Committee on

2

International Relations’’ and inserting ‘‘, the

3

Committee on Foreign Affairs, and the Com-

4

mittee on Homeland Security’’; and

5

(B) by striking ‘‘and the Committee on

6

Foreign Relations’’ and inserting ‘‘, the Com-

7

mittee on Foreign Relations, and the Com-

8

mittee on Homeland Security and Govern-

9

mental Affairs’’; and

10

(2) in paragraph (5)(A)(i)—

11

(A) in subclause (III)—

12

(i) by inserting after ‘‘the Committee

13

on Foreign Affairs,’’ the following: ‘‘the

14

Permanent Select Committee on Intel-

15

ligence,’’;

16

(ii) by inserting after ‘‘the Committee

17

on Foreign Relations,’’ the following: ‘‘the

18

Select Committee on Intelligence’’; and

19

(iii) by striking ‘‘and’’ at the end;

20

(B) in subclause (IV), by striking the pe-

21

riod at the end and inserting the following: ‘‘;

22

and’’; and

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23

(C) by adding at the end the following:

24

‘‘(V) shall submit to the commit-

25

tees described in subclause (III), a re-

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port that includes an assessment of

2

the threat to the national security of

3

the United States of the designation

4

of each country designated as a pro-

5

gram country, including the compli-

6

ance of the government of each such

7

country with the requirements under

8

subparagraphs (D) and (F) of para-

9

graph (2), as well as each such gov-

10

ernment’s capacity to comply with

11

such requirements.’’.

12

(b) DATE

OF

SUBMISSION

OF

FIRST REPORT.—The

13 Secretary of Homeland Security shall submit the first re14 port described in subclause (V) of section 217(c)(5)(A)(i)
15 of the Immigration and Nationality Act (8 U.S.C.
16 (c)(5)(A)(i)), as added by subsection (a), not later than
17 90 days after the date of the enactment of this Act.
18

SEC. 6. HIGH RISK PROGRAM COUNTRIES.

19

Section 217(c) of the Immigration and Nationality

20 Act (8 U.S.C. 1187(c)), as amended by this Act, is further
21 amended by adding at the end the following:
22
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23

‘‘(12) DESIGNATION

OF HIGH RISK PROGRAM

COUNTRIES.—

24

‘‘(A) IN

25

GENERAL.—The

Secretary of

Homeland Security, in consultation with the Di-

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rector of National Intelligence and the Sec-

2

retary of State, shall evaluate program coun-

3

tries on an annual basis based on the criteria

4

described in subparagraph (B) and shall iden-

5

tify any program country, the admission of na-

6

tionals from which under the visa waiver pro-

7

gram under this section, the Secretary deter-

8

mines presents a high risk to the national secu-

9

rity of the United States.

10

‘‘(B) CRITERIA.—In evaluating program

11

countries under subparagraph (A), the Sec-

12

retary of Homeland Security, in consultation

13

with the Director of National Intelligence and

14

the Secretary of State, shall consider the fol-

15

lowing criteria:

16

‘‘(i) The number of nationals of the

17

country determined to be ineligible to trav-

18

el to the United States under the program

19

during the previous year.

20

‘‘(ii) The number of nationals of the

21

country who were identified in United

22

States Government databases related to

23

the identities of known or suspected terror-

24

ists during the previous year.

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‘‘(iii) The estimated number of na-

2

tionals of the country who have traveled to

3

Iraq or Syria at any time on or after

4

March 1, 2011, to engage in terrorism.

5

‘‘(iv) The capacity of the country to

6

combat passport fraud.

7

‘‘(v) The level of cooperation of the

8

country with the counter-terrorism efforts

9

of the United States.

10

‘‘(vi) The adequacy of the border and

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11

immigration control of the country.

12

‘‘(vii) Any other criteria the Secretary

13

of Homeland Security determines to be ap-

14

propriate.

15

‘‘(C) SUSPENSION

OF DESIGNATION.—The

16

Secretary of Homeland Security, in consultation

17

with the Secretary of State, may suspend the

18

designation of a program country based on a

19

determination that the country presents a high

20

risk to the national security of the United

21

States under subparagraph (A) until such time

22

as the Secretary determines that the country no

23

longer presents such a risk.

24

‘‘(D) REPORT.—Not later than 60 days

25

after the date of the enactment of this para-

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1

graph, and annually thereafter, the Secretary of

2

Homeland Security, in consultation with the Di-

3

rector of National Intelligence and the Sec-

4

retary of State, shall submit to the Committee

5

on Homeland Security, the Committee on For-

6

eign Affairs, the Permanent Select Committee

7

on Intelligence, and the Committee on the Judi-

8

ciary of the House of Representatives, and the

9

Committee on Homeland Security and Govern-

10

mental Affairs, the Committee on Foreign Rela-

11

tions, the Select Committee on Intelligence, and

12

the Committee on the Judiciary of the Senate

13

a report, which includes an evaluation and

14

threat assessment of each country determined

15

to present a high risk to the national security

16

of the United States under subparagraph (A).’’.

17

SEC. 7. ENHANCEMENTS TO THE ELECTRONIC SYSTEM FOR

18
19

TRAVEL AUTHORIZATION.

(a) IN GENERAL.—Section 217(h)(3) of the Immi-

20 gration and Nationality Act (8 U.S.C. 1187(h)(3)) is

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21 amended—
22

(1) in subparagraph (C)(i), by inserting after

23

‘‘any such determination’’ the following: ‘‘or shorten

24

the period of eligibility under any such determina-

25

tion’’;

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1
2

(2) by striking subparagraph (D) and inserting
the following:

3

‘‘(D) FRAUD

of Homeland Security shall research opportuni-

5

ties to incorporate into the System technology

6

that will detect and prevent fraud and deception

7

in the System.
‘‘(E) ADDITIONAL

9

TRIES

OF

AND PREVIOUS COUN-

CITIZENSHIP.—The

Secretary of

10

Homeland Security shall collect from an appli-

11

cant for admission pursuant to this section in-

12

formation on any additional or previous coun-

13

tries of citizenship of that applicant. The Sec-

14

retary shall take any information so collected

15

into account when making determinations as to

16

the eligibility of the alien for admission pursu-

17

ant to this section.

18

‘‘(F) REPORT

ON CERTAIN LIMITATIONS

19

ON TRAVEL.—Not

20

date of the enactment of this subparagraph and

21

annually thereafter, the Secretary of Homeland

22

Security, in consultation with the Secretary of

23

State, shall submit to the Committee on Home-

24

land Security, the Committee on the Judiciary,

25

and the Committee on Foreign Affairs of the

later than 30 days after the

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Secretary

4

8

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DETECTION.—The

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House of Representatives, and the Committee

2

on Homeland Security and Governmental Af-

3

fairs, the Committee on the Judiciary, and the

4

Committee on Foreign Relations of the Senate

5

a report on the number of individuals who were

6

denied eligibility to travel under the program,

7

or whose eligibility for such travel was revoked

8

during the previous year, and the number of

9

such individuals determined, in accordance with

10

subsection (a)(6), to represent a threat to the

11

national security of the United States, and shall

12

include the country or countries of citizenship

13

of each such individual.’’.

14

(b) REPORT.—Not later than 30 days after the date

15 of the enactment of this Act, the Secretary of Homeland
16 Security, in consultation with the Secretary of State, shall
17 submit to the Committee on Homeland Security, the Com18 mittee on the Judiciary, and the Committee on Foreign
19 Affairs of the House of Representatives, and the Com20 mittee on Homeland Security and Governmental Affairs,
21 the Committee on the Judiciary, and the Committee on
22 Foreign Relations of the Senate a report on steps to
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23 strengthen the electronic system for travel authorization
24 authorized under section 217(h)(3) of the Immigration
25 and Nationality Act (8 U.S.C. 1187(h)(3))) in order to

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1 better secure the international borders of the United
2 States and prevent terrorists and instruments of terrorism
3 from entering the United States.
4

SEC. 8. PROVISION OF ASSISTANCE TO NON-PROGRAM

5

COUNTRIES.

6

The Secretary of Homeland Security, in consultation

7 with the Secretary of State, shall provide assistance in a
8 risk-based manner to countries that do not participate in
9 the visa waiver program under section 217 of the Immi10 gration and Nationality Act (8 U.S.C. 1187) to assist
11 those countries in—
12

(1) submitting to Interpol information about

13

the theft or loss of passports of citizens or nationals

14

of such a country; and

15

(2) issuing, and validating at the ports of entry

16

of such a country, electronic passports that are

17

fraud-resistant, contain relevant biographic and bio-

18

metric information (as determined by the Secretary

19

of Homeland Security), and otherwise satisfy inter-

20

nationally accepted standards for electronic pass-

21

ports.

22

SEC. 9. CLERICAL AMENDMENTS.

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23

(a) SECRETARY

OF

HOMELAND SECURITY.—Section

24 217 of the Immigration and Nationality Act (8 U.S.C.
25 1187), as amended by this Act, is further amended by

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1 striking ‘‘Attorney General’’ each place such term appears
2 (except in subsection (c)(11)(B)) and inserting ‘‘Secretary
3 of Homeland Security’’.
4
5

(b) ELECTRONIC SYSTEM
TION.—Section

FOR

TRAVEL AUTHORIZA-

217 of the Immigration and Nationality

6 Act (8 U.S.C. 1187), as amended this Act, is further
7 amended—
8

(1) by striking ‘‘electronic travel authorization

9

system’’ each place it appears and inserting ‘‘elec-

10

tronic system for travel authorization’’;

11

(2) in the heading in subsection (a)(11), by

12

striking ‘‘ELECTRONIC

13

TEM’’

14

TRAVEL AUTHORIZATION’’;

15

TRAVEL AUTHORIZATION SYS-

and inserting ‘‘ELECTRONIC

FOR

and

(3) in the heading in subsection (h)(3), by

16

striking ‘‘ELECTRONIC

17

TEM’’

18

TRAVEL AUTHORIZATION’’.

19

SYSTEM

TRAVEL AUTHORIZATION SYS-

and inserting ‘‘ELECTRONIC

SYSTEM

FOR

SEC. 10. SENSE OF CONGRESS.

20

It is the sense of Congress that the International

21 Civil Aviation Organization, the specialized agency of the
22 United Nations responsible for establishing international
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23 standards, specifications, and best practices related to the
24 administration and governance of border controls and in25 spection formalities, should establish standards for the in-

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1 troduction of electronic passports (referred to in this sec2 tion as ‘‘e-passports’’), and obligate member countries to
3 utilize such e-passports as soon as possible. Such e-pass4 ports should be a combined paper and electronic passport
5 that contains biographic and biometric information that
6 can be used to authenticate the identity of travelers
7 through an embedded chip.
Passed the House of Representatives December 8,
2015.

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Attest:

KAREN L. HAAS,
Clerk.

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