Visa Waiver Program Discretion
H. R. 1465

Problem:

Since its creation in 1986, the Visa Waiver Program has allowed nationals of the United States’ principal allies to travel to our shores for up to 90 days for business or tourism, without going through the expensive and difficult visa application process.  In 2006, more than 18 million people were able to enter the United States to visit family and friends, travel, and conduct business.  The program has been an unqualified success in contributing to the economies of the United States and member nations, improving security, and bolstering diplomatic relations with participating countries. 

American foreign policy, however, is at a pivotal point.  Faced with wars in Iraq and Afghanistan, along with threat of international terrorism, it is critical for Congress to seek ways to strengthen bonds with friendly nations and improve the security of international travel. 

Solution:

In the 110th Congress, I have introduced H. R. 1465.  The legislation expands and modernizes the program and will have beneficial effects on our security and economy.  This bill aims to lays out a road map of specific requirements countries must meet, in order to have their citizens travel visa-free.  While the current Visa Waiver Program has been beneficial, the regulations in this bill actually encourage our allies to improve and toughen their immigration and travel policies, as we in the United States continue to improve our security.

Countries aspiring to participate in the Visa Waiver Program must: 
• Issue passports with biometric indicators
• Comply with strict passenger screening through an e-travel authorization system,
• Participate in passenger information exchanges
• Report any lost, stolen, or fraudulent passports to the U.S. or Interpol
• Agree to repatriate any individuals violating U.S. law. 

In addition to creating a system of cooperative security, H. R. 1465 will bolster the tourism sector of the American economy and provide Americans the opportunity to travel to member countries without obtaining a visa. 
 
Bill Text:
110th CONGRESS
1st Session
H. R. 1465
To provide additional discretion to the Secretary of Homeland Security in designating countries eligible to participate in the visa waiver program under section 217 of the Immigration and Nationality Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 9, 2007
Mr. WEXLER introduced the following bill; which was referred to the Committee on the Judiciary
________________________________________
A BILL
To provide additional discretion to the Secretary of Homeland Security in designating countries eligible to participate in the visa waiver program under section 217 of the Immigration and Nationality Act, 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. FINDINGS.
The Congress makes the following findings:
(1) As of the enactment of this Act, the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) enables citizens of 27 countries to travel to the United States for tourism or business for 90 days or less without obtaining a visa.
(2) In fiscal year 2006, more than 18,300,000 people entered the country under the program.
(3) The visa waiver program provides many benefits for the United States economy and bilateral relationships, and strengthens tourism and business opportunities for American citizens.
(4) The visa waiver program is a substantial expression of the strong ties between the United States and its allies in the global war on terror.
(5) Expansion of the visa waiver program would enhance the security of the United States as well as travelers to the United States.
SEC. 2. ADDITIONAL DISCRETION FOR CONSIDERATION OF VISA REFUSAL RATES.
The Secretary of Homeland Security shall have the authority to waive the requirements of section 217(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(A)) with respect to a country seeking designation as a program country under section 217(c) of such Act, if the Secretary determines that--
(1) the country has developed a viable plan to meet the requirements within 3 years;
(2) the country has made significant progress in reducing its nonimmigrant visa refusal rate in the previous 2 years;
(3) waiver of the requirements would not compromise the security or welfare of the United States; and
(4) the country has fully cooperated in counterterrorism and information sharing initiatives.
SEC. 3. SECURE TRAVEL STANDARDS REPORTING.
Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit a report to the Congress that describes plans for enhancing secure travel standards for program countries designated under section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)), including the feasibility of instituting an electronic authorization travel system, additional passenger information exchanges, and enhanced airport security standards.

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