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US S2362

US S2362
Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015


summary

Introduced
12/07/2015
In Committee
12/07/2015
Crossed Over
Passed
Dead
01/03/2017

Introduced Session

114th Congress

Bill Summary

Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 This bill amends the Immigration and Nationality Act regarding the visa waiver program to require that an alien, when applying for program admission, possess a valid unexpired passport that: is machine-readable, tamper-resistant, incorporates document authentication identifiers, and otherwise satisfies the internationally accepted standard for machine readability; and beginning on April 1, 2016, is an electronic passport that is fraud-resistant, contains relevant biographic and biometric information, and satisfies internationally accepted standards for electronic passports. A program country must certify that: it issues passports that satisfy the internationally accepted standard for machine readability, and as of April 1, 2016, passports that satisfy internationally accepted standards for electronic passports; and by October 1, 2016, except for travel between countries within the Schengen Zone (26 European countries that have abolished passport and any other border control at their common borders), it has in place mechanisms to validate such passports at each key port of entry. An alien shall be ineligible for program participation who: has been present, at any time on or after March 1, 2011, in Iraq or Syria, in a country designated as one that has repeatedly provided support for acts of international terrorism, or in any other country or area of concern designated by the Department of Homeland Security (DHS); and regardless of whether the alien is a national of a program country, is not a national of Iraq or Syria, a country designated as a country that has repeatedly provided support for acts of international terrorism, or any other country or area of concern. Such prohibitions shall not apply to an alien who was present in such a country to perform military or official government service for a program country. DHS may waive such prohibitions if in U.S. law enforcement or national security interests. DHS shall determine and review annually whether such prohibitions shall apply to any country or area using specified criteria. A program country shall: report the loss or theft of one of its national's passports to the United States within 24 hours; and except in the case of a country without an international airport, and except for travel between countries within the Schengen Zone, certify to DHS that it is screening each entering or departing non-citizen or non-national for unlawful activity by using Interpol databases and notices, or other means designated by DHS. If DHS and the State Department jointly determine that a program country is not sharing information or conducting required screening, DHS shall terminate the country's program status, subject to specified conditions for reinstatement. DHS shall evaluate program countries annually and identify and suspend from program participation any country whose nationals present a high U.S. security risk, taking into consideration specified criteria. DHS shall expand Federal Air Marshal operations. The electronic travel authorization system is renamed the electronic system for travel authorization. It is the sense of Congress that: the International Civil Aviation Organization should establish electronic passport standards and obligate member countries to utilize them as soon as possible, and such passports should be a combined paper and electronic passport that contains biographic and biometric information that can be used to authenticate identity through an embedded chip.

AI Summary

This bill, the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, enhances security for the Visa Waiver Program (VWP), which allows citizens of certain countries to travel to the U.S. for tourism or business for up to 90 days without a visa. Key provisions include requiring all VWP travelers to possess machine-readable and, starting April 1, 2016, electronic passports that are fraud-resistant and contain biometric information. Participating countries must certify their passports meet international standards and, by October 1, 2016, implement mechanisms to validate these passports at ports of entry, with an exception for travel within the Schengen Zone (a group of 26 European countries that have abolished border controls). The bill also restricts VWP eligibility for individuals who have been present in Iraq or Syria since March 1, 2011, or in countries designated as state sponsors of terrorism or other areas of concern, though waivers are possible for U.S. law enforcement or national security interests, and exceptions exist for military or official government service for a VWP country. Additionally, VWP countries must report lost or stolen passports within 24 hours and screen travelers using Interpol databases or other designated methods, with failure to comply potentially leading to termination of their VWP status. The Department of Homeland Security (DHS) will annually assess VWP countries for high security risks and may suspend countries whose nationals pose a threat, while also expanding Federal Air Marshal operations and renaming the electronic travel authorization system to the Electronic System for Travel Authorization (ESTA).

Committee Categories

Justice

Sponsors (3)

Last Action

Read twice and referred to the Committee on the Judiciary. (on 12/07/2015)

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