text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Visa Waiver Program Security 
  Enhancement Act''.
  
  SEC. 2. VISA REQUIRED FOR ALIENS WHO RECENTLY TRAVELED TO IRAQ, SYRIA, 
                OR CERTAIN OTHER DESTINATIONS.
  
      Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 
  1187(a)) is amended by adding at the end the following:
              ``(12) Visa required for aliens who have recently traveled 
          to iraq or syria.--
                      ``(A) 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 5-year period.
                      ``(B) 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 5 years to a country in 
                  which--
                              ``(i) a designated foreign terrorist 
                          organization has a significant presence; and
                              ``(ii) prohibiting such national from 
                          traveling to the United States under the 
                          program is in the national security interests 
                          of the United States.
                      ``(C) Rule of construction.--Nothing in this 
                  paragraph may be construed to otherwise limit the 
                  authority of the Secretary of Homeland Security.''.
  
  SEC. 3. ELECTRONIC PASSPORTS REQUIRED FOR VISA WAIVER PROGRAM.
  
      (a) Requiring the Universal Use of Electronic Passports for 
  Participating Visa Waiver Program Countries.--
              (1) In general.--Section 217 of the Immigration and 
          Nationality Act (8 U.S.C. 1187) is amended--
                      (A) in subsection (a), by amending paragraph (3) to 
                  read as follows:
              ``(3) Machine-readable, electronic passport.--The alien, at 
          the time of application for admission, is in possession of a 
          valid, unexpired, tamper-resistant, 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 Organization.''; and
                      (B) in subsection (c)(2), by amending subparagraph 
                  (B) to read as follows:
                      ``(B) Machine-readable, electronic passport 
                  program.--The government of the country certifies that 
                  it issues to its citizens machine-readable, electronic 
                  passports that comply with the requirements set forth 
                  in subsection (a)(3).''.
              (2) Effective date.--The amendments made by paragraph (1) 
          shall take effect on the date that is 90 days after the date of 
          the enactment of this Act.
              (3) Certification requirement.--Section 303(c) of the 
          Enhanced Border Security and Visa Entry Reform Act of 2002 (8 
          U.S.C. 1732(c)) is amended--
                      (A) in paragraph (1), by striking ``Not later than 
                  October 26, 2005, the'' and inserting ``The''; and
                      (B) by amending paragraph (2) to read as follows:
              ``(2) Use of technology standard.--Any alien applying for 
          admission under the Visa Waiver Program established under 
          section 217 of the Immigration and Nationality Act (8 U.S.C. 
          1187) shall present a passport that meets the requirements 
          described in paragraph (1).''.
  
  SEC. 4. INFORMATION SHARING AND COOPERATION BY VISA WAIVER PROGRAM 
                COUNTRIES.
  
      (a) Required Information Sharing for Visa Waiver Program 
  Countries.--
              (1) Information sharing agreements.--
                      (A) Full implementation.--Section 217(c)(2)(F) of 
                  the Immigration and Nationality Act (8 U.S.C. 
                  1187(c)(2)(F)) is amended by inserting ``, and fully 
                  implements within the time frame determined by the 
                  Secretary of Homeland Security,'' after ``country 
                  enters into''.
                      (B) Federal air marshal agreement.--Section 217(c) 
                  of such Act, as amended by subparagraph (A), is further 
                  amended--
                              (i) in paragraph (2), by adding at the end 
                          the following:
                      ``(G) Federal air marshal agreement.--The 
                  government of the country enters into, and complies 
                  with, an agreement with the United States to assist in 
                  the operation of an effective Air Marshal Program.
                      ``(H) Aviation standards.--The government of the 
                  country complies with United States aviation and 
                  airport security standards, as determined by the 
                  Secretary of Homeland Security.''; and
                              (ii) in paragraph (9)--
                                      (I) by striking subparagraph (B); 
                                  and
                                      (II) by redesignating subparagraphs 
                                  (C) and (D) as subparagraphs (B) and 
                                  (C), respectively.
                      (C) Failure to fully implement information sharing 
                  agreement.--Section 217(c)(5) of such Act (8 U.S.C. 
                  1187(c)(5)) is amended--
                              (i) by redesignating subparagraph (C) as 
                          subparagraph (D); and
                              (ii) by inserting after subparagraph (B) 
                          the following:
                      ``(C) Failure to fully implement information 
                  sharing agreement.--
                              ``(i) Determination.--If the Secretary of 
                          Homeland Security, in consultation with the 
                          Secretary of State, determines that the 
                          government of a program country has failed to 
                          fully implement the agreements set forth in 
                          paragraph (2)(F), the country shall be 
                          terminated as a program country.
                              ``(ii) Redesignation.--Not sooner than 90 
                          days after the Secretary of Homeland Security, 
                          in consultation with the Secretary of State, 
                          determines that a country that has been 
                          terminated as a program country pursuant to 
                          clause (i) is now in compliance with the 
                          requirement set forth in paragraph (2)(F), the 
                          Secretary of Homeland Security may redesignate 
                          such country as a program country.''.
              (2) Advance passenger information earlier than 1 hour 
          before arrival.--
                      (A) In general.--Section 217(a)(10) of such Act (8 
                  U.S.C. 1187(a)(10)) is amended by striking ``not less 
                  than one hour prior to arrival'' and inserting ``as 
                  soon as practicable, but not later than 1 hour before 
                  arriving''.
                      (B) Technical amendment.--Section 217(c)(3) of such 
                  Act is amended, in the matter preceding subparagraph 
                  (A), by striking ``the initial period'' and inserting 
                  ``fiscal year 1989''.
      (b) Factors the Department of Homeland Security Shall Consider for 
  Visa Waiver Countries.--
              (1) Consideration of country's capacity to identify 
          dangerous individuals.--Section 217(c)(4) of the Immigration 
          and Nationality Act (8 U.S.C. 1187(c)(4)), is amended to read 
          as follows:
              ``(4) 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 country, the 
          Secretary of Homeland Security shall consider the following:
                      ``(A) Capacity to collect, analyze, and share data 
                  concerning dangerous individuals.--Whether the 
                  government of the country--
                              ``(i) collects and analyzes the information 
                          described in subsection (a)(10), including 
                          advance passenger information and passenger 
                          name records, and similar information 
                          pertaining to flights not bound for the United 
                          States, to identify potentially dangerous 
                          individuals who may attempt to travel to the 
                          United States; and
                              ``(ii) shares such information and the 
                          results of such analyses with the Government of 
                          the United States.
                      ``(B) Screening of traveler passports.--Whether the 
                  government of the country--
                              ``(i) 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 
                          country, including a flight destined for the 
                          United States; and
                              ``(ii) regularly and promptly shares 
                          information concerning lost or stolen travel 
                          documents with INTERPOL.
                      ``(C) Biometric exchanges.--Whether the government 
                  of the country, in addition to meeting the mandatory 
                  qualifications set forth in paragraph (2)--
                              ``(i) collects and analyzes biometric and 
                          other information about individuals other than 
                          United States nationals who are applying for 
                          asylum, refugee status, or another form of non-
                          refoulment protection in such country; and
                              ``(ii) shares the information and the 
                          results of such analyses with the Government of 
                          the United States.
                      ``(D) Information sharing about foreign terrorist 
                  fighters.--Whether the government of the country shares 
                  intelligence about foreign fighters with the United 
                  States and with multilateral organizations, such as 
                  INTERPOL and EUROPOL.''.
              (2) Failure to report stolen passports.--Section 217(f)(5) 
          of such Act is amended by inserting ``frequently and promptly'' 
          before ``reporting the theft''.
  
  SEC. 5. BIOMETRIC SUBMISSION BEFORE ENTRY.
  
      (a) In General.--Section 217(a) of the Immigration and Nationality 
  Act (8 U.S.C. 1187(a)), as amended by section 2, is further amended by 
  adding at the end the following:
              ``(13) 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 information, 
          including photographs and fingerprints, before boarding a 
          conveyance bound for the United States.''.
      (b) Implementation of Biometric Submission.--
              (1) Prioritization.--The Secretary of Homeland Security, in 
          consultation with the Secretary of State, shall prioritize the 
          implementation of the requirements under section 217(a)(13) of 
          the Immigration and Nationality Act, as added by subsection 
          (a), in Visa Waiver Program countries that have a significant 
          number of nationals who have traveled to fight with, or to 
          assist, the group known as the Islamic State of Iraq and the 
          Levant (ISIL).
              (2) Effective date.--The requirements referred to in 
          paragraph (1) shall take effect for all Visa Waiver Program 
          countries not later than 1 year after the date of the enactment 
          of this Act, except that the Secretary of Homeland Security may 
          extend the effective date for additional periods of 6 months 
          (not to exceed a total of 24 months) 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 States.
              (3) Inclusion of biometric information.--Not later than 5 
          years after the date of the enactment of this Act, the 
          Secretary of Homeland Security shall ensure that the 
          information submitted under section 217(a)(13) of the 
          Immigration and Nationality Act includes photographs and 
          fingerprints.
              (4) Compliance.--The Secretary of Homeland Security may 
          determine that a Visa Waiver Program country is in compliance 
          with section 217(a)(13) of the Immigration and Nationality Act, 
          as added by subsection (a), if the country signs and implements 
          an agreement--
                      (A) 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 States;
                      (B) to compare the biometric information described 
                  in subparagraph (A) against the information, including 
                  the biometric information, on the prospective 
                  traveler's machine readable, electronic passport, 
                  before the prospective traveler boards a conveyance 
                  bound for the United States; and
                      (C) to inform the Department of Homeland Security 
                  of--
                              (i) the results of the comparison described 
                          in subparagraph (B) before the prospective 
                          traveler boards a conveyance bound for the 
                          United States, and
                              (ii) any other information indicating that 
                          the prospective traveler may pose a threat to 
                          the United States.
  
  SEC. 6. VISA WAIVER PROGRAM ADMINISTRATION.
  
      Section 217(h)(3)(B) of the Immigration and Nationality Act (8 
  U.S.C. 1187(h)(3)(B)) is amended--
              (1) in clause (i), by amending subclause (II) to read as 
          follows:
                                      ``(II) 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 Act.''; 
                                  and
              (2) by amending clause (ii) to read as follows:
                              ``(ii) Disposition of amounts collected.--
                          Amounts collected under clause (i)(I) shall be 
                          credited to the Travel Promotion Fund 
                          established under subsection (d) of the Trade 
                          Promotion Act of 2009 (22 U.S.C. 2131(d)). 
                          Amounts collected under clause (i)(II) 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 
                          Act. The portion of the fee collected under 
                          clause (i)(II) to recover the costs of 
                          implementing such improvements may only be used 
                          for that purpose.''.
target: Visa Waiver Program Security Enhancement Act This bill amends the Immigration and Nationality Act regarding the visa waiver program to prohibit a national of a program country who has traveled to Iraq or Syria at any time during the most recent five-year period from traveling to the United States without a visa.   The Department of Homeland Security (DHS) may prohibit a national of a program country from traveling to the United States under the program if the national has traveled during the past five years to a country in which: (1) a designated foreign terrorist organization has a significant presence, and (2) prohibiting the national from traveling to the United States under the program is in U.S. national security interests. An alien must, at the time of application for program admission, have a valid, unexpired, tamper-resistant, machine-readable passport that incorporates biometric and document authentication identifiers that comply with standards of the International Civil Aviation Organization. Any alien applying for program admission must have a passport that meets these requirements. (The exception for pre-October 26, 2005, passports under the Enhanced Border Security and Visa Entry Reform Act of 2002 is eliminated.) A program country must: (1) enter into and comply with an agreement with the United States to assist in the operation of an air marshal program, and (2) comply with U.S. aviation and airport security standards. A country that does not fully implement information sharing agreements shall be terminated from the program. In determining whether to designate a country as a program country or whether a program country should retain its designation DHS shall consider:   the country's capacity to collect, analyze, and share data concerning dangerous individuals;  the country's screening and sharing of lost or stolen passport information;  whether the country collects, analyzes, and shares biometric and other information about individuals other than U.S. nationals who are applying for asylum, refugee status, or another form of non-refoulement protection in such country; and  whether a country shares intelligence about foreign fighters with the United States and with multilateral organizations.   DHS shall:   ensure that each alien traveling to the United States under an approved electronic system for travel authorization has submitted biometric information, including photographs and fingerprints, before boarding a U.S.-bound conveyance;  prioritize implementation of these biometric requirements in program countries that have a significant number of nationals who have traveled to fight with, or to assist, the Islamic State of Iraq and the Levant (ISIL); and  ensure within five years that such biometric information includes photographs and fingerprints.   DHS may determine that a program country is in compliance with such biometric requirements if the country implements an agreement meeting specified criteria. Program fee provisions are revised.
feat_title: Visa Waiver Program Security Enhancement Act