,,ii #aadth ,,congress #ast ,session ,s4 #bccg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #a1 #bjae ,mrs4 ,feinstein 7for herself1 ,mr4 ,flake1 ,ms4 ,heitkamp1 ,mr4 ,coats1 ,mr4 ,heinrich1 ,mr4 ,johnson1 ,mr4 ,bennet1 ,ms4 ,ayotte1 ,mr4 ,warner1 ,ms4 ,baldwin1 ,mr4 ,tester1 ,mr4 ,king1 ,ms4 ,klobuchar1 ,mrs4 ,boxer1 ,mr4 ,blumenthal1 ,ms4 ,collins1 and ,mr4 ,franken7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to improve homeland security by enhancing the requirements for participation in the ,visa ,waiver ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,visa ,waiver ,program ,security ,enhancement ,act4 #b4 ,visa required for aliens who recently traveled to ,iraq1 ,syria1 or certain other destinations ,section #bag7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;a77 is amended by adding at the end the following3 7#ab7 ,visa required for aliens who have recently traveled to ,iraq or ,syria 7,a7 ,in general ,a national of a program country is ineligible to travel to the ,united ,states under the program if the national has traveled to ,iraq or to ,syria at any time during the most recent #e-year period4 7,b7 ,other travel restrictions ,the ,secretary of ,homeland ,security may prohibit a national of a program country from traveling to the ,united ,states under the program if the ,secretary determines that such national has traveled during the past #e years to a country in which-- 7i7 a designated foreign terrorist organization has a significant presence2 and 7ii7 prohibiting such national from traveling to the ,united ,states under the program is in the national security interests of the ,united ,states4 7,c7 ,rule of construction ,nothing in this paragraph may be construed to otherwise limit the authority of the ,secretary of ,homeland ,security4 4 #c4 ,electronic passports required for visa waiver program 7a7 ,requiring the universal use of electronic passports for participating ,visa ,waiver ,program countries 7#a7 ,in general ,section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7 is amended-- 7,a7 in subsection 7a71 by amending paragraph 7#c7 to read as follows3 7#c7 ,machine-readable1 electronic passport ,the alien1 at the time of application for admission1 is in possession of a valid1 unexpired1 tamper-resistant1 machine-readable passport that incorporates biometric and document authentication identifiers that comply with the applicable biometric and document identifying standards established by the ,international ,civil ,aviation ,organization4 2 and 7,b7 in subsection 7c77#b71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,machine-readable1 electronic passport program ,the government of the country certifies that it issues to its citizens machine-readable1 electronic passports that comply with the requirements set forth in subsection 7a77#c74 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on the date that is #ij days after the date of the enactment of this ,act4 7#c7 ,certification requirement ,section #cjc7;c7 of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb 7#h ,u4,s4,c4 #agcb7;c77 is amended-- 7,a7 in paragraph 7#a71 by striking ,not later than ,october #bf1 #bjje1 the and inserting ,the2 and 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,use of technology standard ,any alien applying for admission under the ,visa ,waiver ,program established under section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7 shall present a passport that meets the requirements described in paragraph 7#a74 4 #d4 ,information sharing and cooperation by ,visa ,waiver ,program countries 7a7 ,required information sharing for ,visa ,waiver ,program countries 7#a7 ,information sharing agreements 7,a7 ,full implementation ,section #bag7;c77#b77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c77#b77;,f77 is amended by inserting 1 and fully implements within the time frame determined by the ,secretary of ,homeland ,security1 after country enters into4 7,b7 ,federal air marshal agreement ,section #bag7;c7 of such ,act1 as amended by subparagraph 7,a71 is further amended-- 7i7 in paragraph 7#b71 by adding at the end the following3 7,g7 ,federal air marshal agreement ,the government of the country enters into1 and complies with1 an agreement with the ,united ,states to assist in the operation of an effective ,air ,marshal ,program4 7,h7 ,aviation standards ,the government of the country complies with ,united ,states aviation and airport security standards1 as determined by the ,secretary of ,homeland ,security4 2 and 7ii7 in paragraph 7#i7-- 7,i7 by striking subparagraph 7,b72 and 7,,ii7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively4 7,c7 ,failure to fully implement information sharing agreement ,section #bag7;c77#e7 of such ,act 7#h ,u4,s4,c4 #aahg7;c77#e77 is amended-- 7i7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7ii7 by inserting after subparagraph 7,b7 the following3 7,c7 ,failure to fully implement information sharing agreement 7i7 ,determination ,if the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 determines that the government of a program country has failed to fully implement the agreements set forth in paragraph 7#b77;,f71 the country shall be terminated as a program country4 7ii7 ,redesignation ,not sooner than #ij days after the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 determines that a country that has been terminated as a program country pursuant to clause 7i7 is now in compliance with the requirement set forth in paragraph 7#b77;,f71 the ,secretary of ,homeland ,security may redesignate such country as a program country4 4 7#b7 ,advance passenger information earlier than #a hour before arrival 7,a7 ,in general ,section #bag7;a77#aj7 of such ,act 7#h ,u4,s4,c4 #aahg7;a77#aj77 is amended by striking not less than one hour prior to arrival and inserting as soon as practicable1 but not later than #a hour before arriving4 7,b7 ,technical amendment ,section #bag7;c77#c7 of such ,act is amended1 in the matter preceding subparagraph 7,a71 by striking the initial period and inserting fiscal year #aihi4 7b7 ,factors the ,department of ,homeland ,security shall consider for ,visa ,waiver ,countries 7#a7 ,consideration of country's capacity to identify dangerous individuals ,section #bag7;c77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c77#d771 is amended to read as follows3 7#d7 ,required security considerations for program designation and continuation ,in determining whether a country should be designated as a program country or whether a program country should retain its designation as a program country1 the ,secretary of ,homeland ,security shall consider the following3 7,a7 ,capacity to collect1 analyze1 and share data concerning dangerous individuals ,whether the government of the country-- 7i7 collects and analyzes the information described in subsection 7a77#aj71 including advance passenger information and passenger name records1 and similar information pertaining to flights not bound for the ,united ,states1 to identify potentially dangerous individuals who may attempt to travel to the ,united ,states2 and 7ii7 shares such information and the results of such analyses with the ,government of the ,united ,states4 7,b7 ,screening of traveler passports ,whether the government of the country-- 7i7 regularly screens passports of air travelers against ,,interpol's global database of ,stolen and ,lost ,travel ,documents before allowing such travelers to enter or board a flight arriving in or departing from that country1 including a flight destined for the ,united ,states2 and 7ii7 regularly and promptly shares information concerning lost or stolen travel documents with ,,interpol4 7,c7 ,biometric exchanges ,whether the government of the country1 in addition to meeting the mandatory qualifications set forth in paragraph 7#b7-- 7i7 collects and analyzes biometric and other information about individuals other than ,united ,states nationals who are applying for asylum1 refugee status1 or another form of non-refoulment protection in such country2 and 7ii7 shares the information and the results of such analyses with the ,government of the ,united ,states4 7,d7 ,information sharing about foreign terrorist fighters ,whether the government of the country shares intelligence about foreign fighters with the ,united ,states and with multilateral organizations1 such as ,,interpol and ,,europol4 4 7#b7 ,failure to report stolen passports ,section #bag7;f77#e7 of such ,act is amended by inserting frequently and promptly before reporting the theft4 #e4 ,biometric submission before entry 7a7 ,in general ,section #bag7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;a771 as amended by section #b1 is further amended by adding at the end the following3 7#ac7 ,submission of biometric information ,the ,secretary of ,homeland ,security shall ensure that each alien traveling to the ,united ,states under an approved ,electronic ,system for ,travel ,authorization has submitted biometric information1 including photographs and fingerprints1 before boarding a conveyance bound for the ,united ,states4 4 7b7 ,implementation of biometric submission 7#a7 ,prioritization ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall prioritize the implementation of the requirements under section #bag7;a77#ac7 of the ,immigration and ,nationality ,act1 as added by subsection 7a71 in ,visa ,waiver ,program countries that have a significant number of nationals who have traveled to fight with1 or to assist1 the group known as the ,islamic ,state of ,iraq and the ,levant 7,,isil74 7#b7 ,effective date ,the requirements referred to in paragraph 7#a7 shall take effect for all ,visa ,waiver ,program countries not later than #a year after the date of the enactment of this ,act1 except that the ,secretary of ,homeland ,security may extend the effective date for additional periods of #f months 7not to exceed a total of #bd months7 for particular countries if the ,secretary determines that an extension for such a country does not present a significant risk to the national security of the ,united ,states4 7#c7 ,inclusion of biometric information ,not later than #e years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall ensure that the information submitted under section #bag7;a77#ac7 of the ,immigration and ,nationality ,act includes photographs and fingerprints4 7#d7 ,compliance ,the ,secretary of ,homeland ,security may determine that a ,visa ,waiver ,program country is in compliance with section #bag7;a77#ac7 of the ,immigration and ,nationality ,act1 as added by subsection 7a71 if the country signs and implements an agreement-- 7,a7 to collect biometric information from each individual seeking to travel to the ,united ,states through the ,visa ,waiver ,program and to share such information with the ,united ,states2 7,b7 to compare the biometric information described in subparagraph 7,a7 against the information1 including the biometric information1 on the prospective traveler's machine readable1 electronic passport1 before the prospective traveler boards a conveyance bound for the ,united ,states2 and 7,c7 to inform the ,department of ,homeland ,security of-- 7i7 the results of the comparison described in subparagraph 7,b7 before the prospective traveler boards a conveyance bound for the ,united ,states1 and 7ii7 any other information indicating that the prospective traveler may pose a threat to the ,united ,states4 #f4 ,visa waiver program administration ,section #bag7;h77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;h77#c77;,b77 is amended-- 7#a7 in clause 7i71 by amending subclause 7,,ii7 to read as follows3 7,,ii7 an amount to ensure recovery of the full costs of providing and administering the ,system and implementing the improvements to the program provided in the ,visa ,waiver ,program ,security ,enhancement ,act4 2 and 7#b7 by amending clause 7ii7 to read as follows3 7ii7 ,disposition of amounts collected ,amounts collected under clause 7i77,i7 shall be credited to the ,travel ,promotion ,fund established under subsection 7d7 of the ,trade ,promotion ,act of #bjji 7#bb ,u4,s4,c4 #baca7;d774 ,amounts collected under clause 7i77,,ii7 shall be transferred to the general fund of the ,treasury and made available to pay the costs incurred to administer the ,system and the improvements made by the ,visa ,waiver ,program ,security ,enhancement ,act4 ,the portion of the fee collected under clause 7i77,,ii7 to recover the costs of implementing such improvements may only be used for that purpose4 4