Visa Waiver Program Improvement Act of 2014 - Amends the Immigration and Nationality Act to include terrorism risk as a factor the Secretary of Homeland Security (DHS) shall consider under the electronic system for travel authorization (ESTA) in determining the eligibility of an alien to travel to the United States.
Directs the Secretary to report to Congress regarding: (1) the number of individuals, identified by their countries of citizenship or nationality, who were denied eligibility to travel, or whose eligibility was revoked, under ESTA because the individual was determined to be a U.S. security threat; (2) steps to strengthen ESTA; and (3) foreign government compliance with information sharing agreements concerning passport theft or loss and whether a country's citizens or nationals traveling to the United States pose a U.S. security threat.
Authorizes the Secretary to suspend a country from the visa waiver program without prior notice if the country fails to comply with an agreement to share information regarding whether its citizens and nationals traveling to the United States pose a U.S. security threat.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5470 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5470
To clarify the grounds for ineligibility for travel to the United
States regarding terrorism risk, to expand the criteria by which a
country may be removed from the Visa Waiver Program, to require the
Secretary of Homeland Security to submit a report on strengthening the
Electronic System for Travel Authorization to better secure the
international borders of the United States and prevent terrorists and
instruments of terrorism from entering the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2014
Mrs. Miller of Michigan (for herself, Ms. Jackson Lee, Mr. McCaul, Mr.
Thompson of Mississippi, Mr. Hudson, Mr. Barber, and Ms. Clarke of New
York) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Homeland Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To clarify the grounds for ineligibility for travel to the United
States regarding terrorism risk, to expand the criteria by which a
country may be removed from the Visa Waiver Program, to require the
Secretary of Homeland Security to submit a report on strengthening the
Electronic System for Travel Authorization to better secure the
international borders of the United States and prevent terrorists and
instruments of terrorism from entering the United States, 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 ``Visa Waiver Program Improvement Act
of 2014''.
SEC. 2. GROUNDS FOR INELIGIBILITY FOR TRAVEL TO THE UNITED STATES;
REPORTS ON LAW ENFORCEMENT AND SECURITY INTERESTS;
CONTINUING QUALIFICATION AND DESIGNATION TERMINATIONS;
REPORT ON STRENGTHENING THE ELECTRONIC SYSTEM FOR TRAVEL
AUTHORIZATION.
(a) Grounds for Ineligibility for Travel to the United States;
Period of Validity.--Section 217 of the Immigration and Nationality Act
(8 U.S.C. 1187) is amended--
(1) in subsection (a)(11), by inserting ``, including
terrorism risk,'' after ``security risk''; and
(2) in subsection (h)(3)--
(A) in subparagraph (A), by inserting ``, including
terrorism risk,'' after ``security risk'';
(B) in subparagraph (C), in the second sentence, by
inserting before the period at the end the following:
``, or, if the Secretary determines that such is
appropriate, may limit such period of eligibility'';
and
(C) by adding at the end the following new
subparagraph:
``(E) Additional reports.--
``(i) Reports on certain limitations on
travel.--Not later than 30 days after the date
of the enactment of this subparagraph and
annually thereafter, the Secretary of Homeland
Security, in consultation with the Secretary of
State, shall submit to the Committee on
Homeland Security and the Committee on the
Judiciary of the House of Representatives and
the Committee on Homeland Security and
Governmental Affairs and the Committee on the
Judiciary of the Senate a report on the number
of individuals, identified by their countries
of citizenship or nationality, who were denied
eligibility to travel under the System or whose
eligibility for such travel was revoked during
the previous year if such individual was
determined, in accordance with subsection
(a)(6), to represent a threat to the security
of the United States.
``(ii) Reports on certain threat
assessments.--Beginning with the first report
under clause (i) of subsection (c)(5)(A) that
is submitted after the date of the enactment of
this subparagraph and periodically thereafter
(together with subsequent reports submitted
under such clause (i)), the Secretary of
Homeland Security, in consultation with the
Director of National Intelligence, shall submit
to the Committee on Homeland Security and the
Committee on the Judiciary of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a
report that contains a threat assessment
regarding the compliance of foreign governments
with the agreements described in subparagraphs
(D) and (F) of subsection (c)(2).''.
(b) Reports on Law Enforcement and Security Interests; Continuing
Qualification and Designation Terminations.--Subsection (c) of section
217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended--
(1) in paragraph (2)(C)(iii)--
(A) by striking ``and the Committee on
International Relations'' and inserting ``, the
Committee on Foreign Affairs, and the Committee on
Homeland Security''; and
(B) by striking ``and the Committee on Foreign
Relations'' and inserting ``, the Committee on Foreign
Relations, and the Committee on Homeland Security and
Governmental Affairs''; and
(2) in paragraph (5)--
(A) in subparagraph (A)(i)--
(i) in subclause (III), by striking ``and''
at the end;
(ii) in subclause (IV), by striking the
period at the end and inserting ``; and''; and
(iii) by adding after subclause (IV) the
following new subclause:
``(V) shall submit to Congress a
report regarding the security
parameters described in paragraph
(9).''; and
(B) in subparagraph (B), by adding at the end the
following new clause:
``(v) Additional program suspension
authority.--If the Secretary of Homeland
Security, in consultation with the Secretary of
State, determines that a country participating
in the visa waiver program has failed to comply
with an agreement under subparagraph (F) of
paragraph (2), the Secretary of Homeland
Security--
``(I) may suspend a country from
the visa waiver program without prior
notice;
``(II) shall notify any country
suspended under subclause (I) and
provide justification for the
suspension; and
``(III) shall restore the suspended
country's participation in the visa
waiver program upon a determination
that the country is in compliance with
the agreement at issue.''.
(c) Report on Strengthening the Electronic System for Travel
Authorization.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Homeland Security, in consultation with
the Secretary of State, shall submit to the Committee on Homeland
Security, the Committee on the Judiciary, and the Committee on Foreign
Affairs of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs, the Committee on the Judiciary, and
the Committee on Foreign Relations of the Senate a report on steps to
strengthen the automated electronic travel authorization system
(commonly referred to as the ``Electronic System for Travel
Authorization'') under paragraph (3) of section 217(h) of the
Immigration and Nationality Act (8 U.S.C. 1187(h)) to better secure the
international borders of the United States and prevent terrorists and
instruments of terrorism from entering the United States.
(d) Time for Report.--The first report required under subclause (V)
of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (as
added by subsection (b)(2)(A)(iii) of this section) shall be submitted
at the same time the next report required under subclause (IV) of such
section 217(c)(5)(A)(i) is submitted after the date of the enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Immigration and Border Security.
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