,,ii #aadth ,,congress #ast ,session ,h4 ,r4 #aeh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #i1 #bjae,received ,,an ,,act ,to amend the ,immigration and ,nationality ,act to provide enhanced security measures for the visa waiver program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,visa ,waiver ,program ,improvement and ,terrorist ,travel ,prevention ,act of #bjae4 #b4 ,electronic passport requirement 7a7 ,requirement for alien ,to possess electronic passport ,section #bag7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;a77#c77 is amended to read as follows3 7#c7 ,passport requirements ,the alien1 at the time of application for admission1 is in possession of a valid unexpired passport that satisfies the following3 7,a7 ,machine readable ,the passport is a machine-readable passport that is tamper-resistant1 incorporates document authentication identifiers1 and otherwise satisfies the internationally accepted standard for machine readability4 7,b7 ,electronic ,beginning on ,april #a1 #bjaf1 the passport is an electronic passport that is fraud-resistant1 contains relevant biographic and biometric information 7as determined by the ,secretary of ,homeland ,security71 and otherwise satisfies internationally accepted standards for electronic passports4 4 7b7 ,requirement for program country ,to validate passports ,section #bag7;c77#b77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c77#b77;,b77 is amended to read as follows3 7,b7 ,passport program 7i7 ,issuance of passports ,the government of the country certifies that it issues to its citizens passports described in subparagraph 7,a7 of subsection 7a77#c71 and on or after ,april #a1 #bjaf1 passports described in subparagraph 7,b7 of subsection 7a77#c74 7ii7 ,validation of passports ,not later than ,october #a1 #bjaf1 the government of the country certifies that it has in place mechanisms to validate passports described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#c7 at each key port of entry into that country4 ,this requirement shall not apply to travel between countries which fall within the ,schengen ,zone4 4 7c7 ,conforming amendment ,section #cjc7;c7 of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb is repealed 7#h ,u4,s4,c4 #agcb7;c774 #c4 ,restriction on use of visa waiver program for aliens who travel to certain countries ,section #bag7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;a771 as amended by this ,act1 is further amended by adding at the end the following3 7#ab7 ,not present in ,iraq1 ,syria1 or any other country or area of concern 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c7-- 7i7 the alien has not been present1 at any time on or after ,march #a1 #bjaa-- 7,i7 in ,iraq or ,syria2 7,,ii7 in a country that is designated by the ,secretary of ,state under section #f7;j7 of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 #bdje7 7as continued in effect under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq4771 section #dj of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj71 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga71 or any other provision of law1 as a country1 the government of which has repeatedly provided support of acts of international terrorism2 or 7,,iii7 in any other country or area of concern designated by the ,secretary of ,homeland ,security under subparagraph 7,d72 and 7ii7 regardless of whether the alien is a national of a program country1 the alien is not a national of-- 7,i7 ,iraq or ,syria2 7,,ii7 a country that is designated1 at the time the alien applies for admission1 by the ,secretary of ,state under section #f7;j7 of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 #bdje7 7as continued in effect under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq4771 section #dj of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj71 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga71 or any other provision of law1 as a country1 the government of which has repeatedly provided support of acts of international terrorism2 or 7,,iii7 any other country that is designated1 at the time the alien applies for admission1 by the ,secretary of ,homeland ,security under subparagraph 7,d74 7,b7 ,certain military personnel and government employees ,subparagraph 7,a77i7 shall not apply in the case of an alien if the ,secretary of ,homeland ,security determines that the alien was present-- 7i7 in order to perform military service in the armed forces of a program country2 or 7ii7 in order to carry out official duties as a full-time employee of the government of a program country4 7,c7 ,waiver ,the ,secretary of ,homeland ,security may waive the application of subparagraph 7,a7 to an alien if the ,secretary determines that such a waiver is in the law enforcement or national security interests of the ,united ,states4 7,d7 ,countries or areas of concern 7i7 ,in general ,not later than #fj days after the date of the enactment of this paragraph1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state and the ,director of ,national ,intelligence1 shall determine whether the requirement under subparagraph 7,a7 shall apply to any other country or area4 7ii7 ,criteria ,in making a determination under clause 7i71 the ,secretary shall consider-- 7,i7 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 ,states2 7,,ii7 whether a foreign terrorist organization has a significant presence in the country or area2 and 7,,iii7 whether the country or area is a safe haven for terrorists4 7iii7 ,annual review ,the ,secretary shall conduct a review1 on an annual basis1 of any determination made under clause 7i74 7,e7 ,report ,beginning not later than #a year after the date of the enactment of this paragraph1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security1 the ,committee on ,foreign ,affairs1 the ,permanent ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,foreign ,relations1 the ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,senate a report on each instance in which the ,secretary exercised the waiver authority under subparagraph 7,c7 during the previous year4 4 #d4 ,designation requirements for program countries 7a7 ,reporting lost and stolen passports ,section #bag7;c77#b77;,d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c77#b77;,d771 as amended by this ,act1 is further amended by striking within a strict time limit and inserting not later than #bd hours after becoming aware of the theft or loss4 7b7 ,interpol ,screening ,section #bag7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c77#b771 as amended by this ,act1 is further amended by adding at the end the following3 7,g7 ,interpol screening ,not later than #bgj days after the date of the enactment of this subparagraph1 except in the case of a country in which there is not an international airport1 the government of the country certifies to the ,secretary of ,homeland ,security that1 to the maximum extent allowed under the laws of the country1 it is screening1 for unlawful activity1 each person who is not a citizen or national of that country who is admitted to or departs that country1 by using relevant databases and notices maintained by ,interpol1 or other means designated by the ,secretary of ,homeland ,security4 ,this requirement shall not apply to travel between countries which fall within the ,schengen ,zone4 4 7c7 ,implementation of passenger information exchange agreement ,section #bag7;c77#b77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c77#b77;,f771 as amended by this ,act1 is further amended by inserting before the period at the end the following3 1 and fully implements such agreement4 7d7 ,termination of designation ,section #bag7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;f77 is amended by adding at the end the following3 7#f7 ,failure to share information 7,a7 ,in general ,if the ,secretary of ,homeland ,security and the ,secretary of ,state jointly determine that the program country is not sharing information1 as required by subsection 7c77#b77;,f71 the ,secretary of ,homeland ,security shall terminate the designation of the country as a program country4 7,b7 ,redesignation ,in the case of a termination under this paragraph1 the ,secretary of ,homeland ,security shall redesignate the country as a program country1 without regard to paragraph 7#b7 or 7#c7 of subsection 7c7 or paragraphs 7#a7 through 7#d71 when the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 determines that the country is sharing information1 as required by subsection 7c77#b77;,f74 7#g7 ,failure to screen 7,a7 ,in general ,beginning on the date that is #bgj days after the date of the enactment of this paragraph1 if the ,secretary of ,homeland ,security and the ,secretary of ,state jointly determine that the program country is not conducting the screening required by subsection 7c77#b77;,g71 the ,secretary of ,homeland ,security shall terminate the designation of the country as a program country4 7,b7 ,redesignation ,in the case of a termination under this paragraph1 the ,secretary of ,homeland ,security shall redesignate the country as a program country1 without regard to paragraph 7#b7 or 7#c7 of subsection 7c7 or paragraphs 7#a7 through 7#d71 when the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 determines that the country is conducting the screening required by subsection 7c77#b77;,g74 4 #e4 ,reporting requirements 7a7 ,in general ,section #bag7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c771 as amended by this ,act1 is further amended-- 7#a7 in paragraph 7#b77;,c77iii7-- 7,a7 by striking and the ,committee on ,international ,relations and inserting 1 the ,committee on ,foreign ,affairs1 and the ,committee on ,homeland ,security2 and 7,b7 by striking and the ,committee on ,foreign ,relations and inserting 1 the ,committee on ,foreign ,relations1 and the ,committee on ,homeland ,security and ,governmental ,affairs2 and 7#b7 in paragraph 7#e77;,a77i7-- 7,a7 in subclause 7,,iii7-- 7i7 by inserting after the ,committee on ,foreign ,affairs1 the following3 the ,permanent ,select ,committee on ,intelligence12 7ii7 by inserting after the ,committee on ,foreign ,relations1 the following3 the ,select ,committee on ,intelligence2 and 7iii7 by striking and at the end2 7,b7 in subclause 7,,iv71 by striking the period at the end and inserting the following3 2 and2 and 7,c7 by adding at the end the following3 7,v7 shall submit to the committees described in subclause 7,,iii71 a report 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 country1 including the compliance of the government of each such country with the requirements under subparagraphs 7,d7 and 7,f7 of paragraph 7#b71 as well as each such government's capacity to comply with such requirements4 4 7b7 ,date of submission of first report ,the ,secretary of ,homeland ,security shall submit the first report described in subclause 7,v7 of section #bag7;c77#e77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 7c77#e77;,a77i771 as added by subsection 7a71 not later than #ij days after the date of the enactment of this ,act4 #f4 ,high risk program countries ,section #bag7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c771 as amended by this ,act1 is further amended by adding at the end the following3 7#ab7 ,designation of high risk program countries 7,a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,director of ,national ,intelligence and the ,secretary of ,state1 shall evaluate program countries on an annual basis based on the criteria described in subparagraph 7,b7 and shall identify any program country1 the admission of nationals from which under the visa waiver program under this section1 the ,secretary determines presents a high risk to the national security of the ,united ,states4 7,b7 ,criteria ,in evaluating program countries under subparagraph 7,a71 the ,secretary of ,homeland ,security1 in consultation with the ,director of ,national ,intelligence and the ,secretary of ,state1 shall consider the following criteria3 7i7 ,the number of nationals of the country determined to be ineligible to travel to the ,united ,states under the program during the previous year4 7ii7 ,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 year4 7iii7 ,the estimated number of nationals of the country who have traveled to ,iraq or ,syria at any time on or after ,march #a1 #bjaa1 to engage in terrorism4 7iv7 ,the capacity of the country to combat passport fraud4 7v7 ,the level of cooperation of the country with the counter-terrorism efforts of the ,united ,states4 7vi7 ,the adequacy of the border and immigration control of the country4 7vii7 ,any other criteria the ,secretary of ,homeland ,security determines to be appropriate4 7,c7 ,suspension of designation ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may suspend the designation of a program country based on a determination that the country presents a high risk to the national security of the ,united ,states under subparagraph 7,a7 until such time as the ,secretary determines that the country no longer presents such a risk4 7,d7 ,report ,not later than #fj days after the date of the enactment of this paragraph1 and annually thereafter1 the ,secretary of ,homeland ,security1 in consultation with the ,director of ,national ,intelligence and the ,secretary of ,state1 shall submit to the ,committee on ,homeland ,security1 the ,committee on ,foreign ,affairs1 the ,permanent ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,foreign ,relations1 the ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,senate a report1 which 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 7,a74 4 #g4 ,enhancements to the electronic system for travel authorization 7a7 ,in general ,section #bag7;h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;h77#c77 is amended-- 7#a7 in subparagraph 7,c77i71 by inserting after any such determination the following3 or shorten the period of eligibility under any such determination2 7#b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 ,fraud detection ,the ,secretary of ,homeland ,security shall research opportunities to incorporate into the ,system technology that will detect and prevent fraud and deception in the ,system4 7,e7 ,additional and previous countries of citizenship ,the ,secretary of ,homeland ,security shall collect from an applicant for admission pursuant to this section information on any additional or previous countries of citizenship of that applicant4 ,the ,secretary shall take any information so collected into account when making determinations as to the eligibility of the alien for admission pursuant to this section4 7,f7 ,report on certain limitations on travel ,not later than #cj days after the date of the enactment of this subparagraph and annually thereafter1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall submit to the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,relations of the ,senate a report on the number of individuals who were denied eligibility to travel under the program1 or whose eligibility for such travel was revoked during the previous year1 and the number of such individuals determined1 in accordance with subsection 7a77#f71 to represent a threat to the national security of the ,united ,states1 and shall include the country or countries of citizenship of each such individual4 4 7b7 ,report ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall submit to the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,relations of the ,senate a report on steps to strengthen the electronic system for travel authorization authorized under section #bag7;h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;h77#c777 in order to better secure the international borders of the ,united ,states and prevent terrorists and instruments of terrorism from entering the ,united ,states4 #h4 ,provision of assistance to non-program countries ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall provide assistance in a risk-based manner to countries that do not participate in the visa waiver program under section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7 to assist those countries in-- 7#a7 submitting to ,interpol information about the theft or loss of passports of citizens or nationals of such a country2 and 7#b7 issuing1 and validating at the ports of entry of such a country1 electronic passports that are fraud-resistant1 contain relevant biographic and biometric information 7as determined by the ,secretary of ,homeland ,security71 and otherwise satisfy internationally accepted standards for electronic passports4 #i4 ,clerical amendments 7a7 ,secretary of ,homeland ,security ,section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg71 as amended by this ,act1 is further amended by striking ,attorney ,general each place such term appears 7except in subsection 7c77#aa77;,b77 and inserting ,secretary of ,homeland ,security4 7b7 ,electronic system for travel authorization ,section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg71 as amended this ,act1 is further amended-- 7#a7 by striking electronic travel authorization system each place it appears and inserting electronic system for travel authorization2 7#b7 in the heading in subsection 7a77#aa71 by striking electronic travel authorization system and inserting electronic system for travel authorization2 and 7#c7 in the heading in subsection 7h77#c71 by striking electronic travel authorization system and inserting electronic system for travel authorization4 #aj4 ,sense of ,congress ,it is the sense of ,congress that the ,international ,civil ,aviation ,organization1 the specialized agency of the ,united ,nations responsible for establishing international standards1 specifications1 and best practices related to the administration and governance of border controls and inspection formalities1 should establish standards for the introduction of electronic passports 7referred to in this section as e-passports71 and obligate member countries to utilize such e-passports as soon as possible4 ,such 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 chip4 ,passed the ,house of ,representatives ,december #h1 #bjae4,karen ,l4 ,haas1,clerk