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116th Congress } { Rept. 116-376
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
BRAND USA EXTENSION ACT
_______
January 13, 2020.--Committed to the Committee on the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 3851]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3851) to extend funding for Brand USA through
fiscal year 2027, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary..............................................2
II. Background and Need for the Legislation..........................3
III. Committee Hearings...............................................4
IV. Committee Consideration..........................................4
V. Committee Votes..................................................4
VI. Oversight Findings...............................................5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures5
VIII.Federal Mandates Statement.......................................5
IX. Statement of General Performance Goals and Objectives............5
X. Duplication of Federal Programs..................................5
XI. Committee Cost Estimate..........................................5
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......5
XIII.Advisory Committee Statement.....................................5
XIV. Applicability to Legislative Branch..............................6
XV. Section-by-Section Analysis of the Legislation...................6
XVI. Changes in Existing Law Made by the Bill, as Reported............7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brand USA Extension Act''.
SEC. 2. THE CORPORATION FOR TRAVEL PROMOTION.
Subsection (b) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(b)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (ii), by inserting ``or foodservice''
after ``restaurant'';
(B) in clause (v), by inserting ``, such as outdoor
recreation'' before the semicolon at the end; and
(C) in clause (viii), by inserting ``commercial or
private'' before ``passenger air sector'';
(2) in paragraph (5)(A)--
(A) in clause (iii), by inserting ``speaking
conventions, sales missions,'' after ``trade shows,'';
(B) in clause (iv), by striking ``and'' at the end;
(C) in clause (v), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(vi) to promote tourism to the United
States through digital media, online platforms,
and other appropriate medium.''; and
(3) in paragraph (7)(C), by striking ``3 days'' and inserting
``5 days''.
SEC. 3. ACCOUNTABILITY MEASURES.
Subsection (c) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(c)) is amended--
(1) in paragraph (2), by striking ``$500,000'' and inserting
``$450,000''; and
(2) in paragraph (3)--
(A) by redesignating subparagraph (I) as subparagraph
(K);
(B) in subparagraph (H)(iii), by striking ``and'' at
the end; and
(C) by inserting after subparagraph (H)(iii) the
following:
``(I) a list of countries the Corporation identifies
as emerging markets for tourism to the United States;
``(J) a description of the efforts the Corporation
has made to promote tourism to rural areas of the
United States; and''.
SEC. 4. EXTENSION OF FUNDING FOR BRAND USA.
Subsection (d) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(d)) is amended--
(1) in paragraph (2)(B), by striking ``2020'' and inserting
``2027'';
(2) in paragraph (3)(B)(ii), by striking ``70 percent'' and
inserting ``50 percent''; and
(3) in paragraph (4)(B), by striking ``2020'' and inserting
``2027''.
SEC. 5. PERFORMANCE PLAN.
Not later than 90 days after the date of the enactment of this Act,
the Corporation for Travel Promotion shall make the performance metrics
established pursuant to subsection (f)(1)(A) of the Travel Promotion
Act of 2009 (22 U.S.C. 2131(f)(1)(A)) publicly available on the website
of the Corporation.
SEC. 6. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION FEE INCREASE.
Section 217(h)(3)(B)(i)(I) of the Immigration and Nationality Act (8
U.S.C. 1187(h)(3)(B)(i)(I)) is amended by striking ``$10'' and
inserting ``$17''.
I. Purpose and Summary
H.R. 3851, the ``Brand USA Extension Act'', was introduced
on July 18, 2019, by Reps. Welch (D-VT), Bilirakis (R-FL),
Titus (D-NV), and Long (R-MO) and referred to the Committee on
Energy and Commerce, and in addition, to the Committee on
Homeland Security. H.R. 3851 would extend funding for Brand USA
through fiscal year 2027 and increase the fee on foreign
visitors used to partially fund the program. The legislation
also reduces the percentage of in-kind contributions from the
private sector that can count towards public matching funds;
clarifies the qualifications for the members on the board of
directors for Brand USA; clarifies additional methods by which
Brand USA may carry out its duties; and adds additional
transparency and accountability measures.
II. Background and Need for Legislation
The travel and tourism industry plays a significant role in
the U.S. economy, supporting 15.7 million American jobs.\1\
International travel to the United States represents the single
largest services-sector export and one of the largest U.S.
export categories overall, accounting for 10 percent of all
U.S. exports of goods and services.\2\ Compared to domestic
tourists, overseas travelers to the U.S. generally spend more
per traveler than their domestic counterparts, at an average of
$4,200 spent per trip per person.\3\
---------------------------------------------------------------------------
\1\U.S. Travel, U.S. Travel Answer Sheet (Mar. 2019)
(www.ustravel.org/system/files/media_root/document/Research_Fact-
Sheet_US-Travel-Answer-Sheet.pdf).
\2\International Trade Administration, Fast Facts: United States
Travel and Tourism Industry 2018 (Oct. 2019) (travel.trade.gov/
outreachpages/download_data_table/Fast_Facts_2018.pdf).
\3\See Note 1.
---------------------------------------------------------------------------
The Travel Promotion Act of 2009 (TPA) established the
public-private Corporation for Travel Promotion, later renamed
Brand USA, as a national, coordinated marketing organization to
promote international travel to the United States.\4\ Brand USA
plans advertising programs and activities, along with several
industry advisory groups. It also develops industry
partnerships to help further that goal. Brand USA is governed
by a board of directors whose members have knowledge of
international travel promotion and marketing and are appointed
by the Secretary of Commerce.
---------------------------------------------------------------------------
\4\Pub. L. No. 111-145.
---------------------------------------------------------------------------
Brand USA is financed by a combination of public and
private funds. Private-sector funding may currently come from
either cash or in-kind contributions, with in-kind
contributions able to make up a maximum of 70 percent of the
private sector's financial contribution to the organization.\5\
For fiscal year 2018, Brand USA received $108 million in
contributions from private industry with 43 percent from cash
contributions and 57 percent from in-kind contributions.\6\
Public matching funds are contributed from the Travel Promotion
Fund, a U.S. Treasury fund sourced by a portion of the
Electronic System for Travel Authorization (ESTA) fee, which is
collected from foreign visitors to the United States by the
Department of Homeland Security.\7\ TPA authorizes a maximum
annual public contribution of $100 million at a private-sector
matching ratio of one-to-one.\8\ No U.S. taxpayer dollars are
used to fund Brand USA.
---------------------------------------------------------------------------
\5\Pub. L. No. 113-235.
\6\Brand USA, Annual Report: Fiscal Year 2018, October 1, 2017 to
September 30, 2018 (www.thebrandusa.com/about/reports).
\7\See Note 4.
\8\Id.
---------------------------------------------------------------------------
TPA assigns to the Department of Commerce most Brand USA
oversight responsibilities, including approving the
organization's annual goals; reviewing private-sector
contributions, including assessing the fair market value of in-
kind goods and services; and directing Treasury to disburse
federal matching funds after having approved Brand USA's
requests and documentation. Brand USA also is required to make
its budget and the result of an independently conducted annual
financial audit available to Congress. TPA requires that Brand
USA provide an explanation in its budget for any single
expenditure that exceeds $500,000.\9\
---------------------------------------------------------------------------
\9\See Note 5.
---------------------------------------------------------------------------
In December 2014, as part of the Consolidated and Further
Continuing Appropriations Act, 2015, Congress reauthorized TPA
through September 30, 2020.\10\
---------------------------------------------------------------------------
\10\Id.
---------------------------------------------------------------------------
H.R. 3851 is needed to ensure continued funding for Brand
USA and to protect and promote the U.S. tourism industry. This
legislation provides a necessary awareness of the many points
of interest beyond our gateway cities that do not have the
resources to advertise their many benefits to a worldwide
audience.
III. Committee Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearings were used to develop or
consider H.R. 3851:
The Subcommittee on Consumer Protection and Commerce held a
legislative hearing on October 24, 2019, on H.R. 3851, the
``Brand USA Extension Act'' and one other bill. The hearing was
entitled, ``Reauthorizing Brand USA and the U.S. SAFE WEB
Act.'' The Subcommittee received testimony from the following
witnesses:
Christopher L. Thompson, President and CEO,
Brand USA;
Tori Barnes, Executive Vice President, U.S.
Travel Association; and
Aaron J. Burstein, Partner, Wilkinson Barker
Knauer LLP.
IV. Committee Consideration
H.R. 3851, the ``Brand USA Extension Act'', was introduced
on July 18, 2019 by Reps. Welch (D-VT), Bilirakis (R-FL), Titus
(D-NV), and Long (R-MO) and referred to the Committee on Energy
and Commerce, and in addition, to the Committee on Homeland
Security. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on July 22,
2019. On November 14, 2019, the Subcommittee met in open markup
session, pursuant to notice, to consider H.R. 3851. During
consideration of the bill, an amendment offered by Mr. Carter
was adopted by voice vote. Subsequently, the Subcommittee on
Consumer Protection and Commerce agreed to a motion by Ms.
Schakowsky, Chair of the subcommittee, to favorably forward
H.R. 3851, as amended, to the full Committee on Energy and
Commerce by a voice vote.
On November 20, 2019, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 3851.
Subsequently, a motion by Mr. Pallone, Chairman of the
committee, to order H.R. 3851 reported favorably to the House,
as amended, was agreed to by a voice vote, a quorum being
present.
V. Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there were X record votes taken on H.R.
3851.
VI. Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the Committee are
reflected in the descriptive portion of the report.
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
VIII. Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to extend
funding for Brand USA and bolster transparency and
accountability measures in the Travel Promotion Act of 2009.
X. Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 3851 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XI. Committee Cost Estimate
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 3851 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
XIV. Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 designates that the short title may be cited as
the ``Brand USA Extension Act''.
Sec. 2. The corporation for travel promotion
This section amends the TPA to clarify with respect to
qualifications for members on the board of directors for Brand
USA that: expertise and experience in the foodservice sector
may substitute expertise and experience in the restaurant
sector; expertise and experience in outdoor recreation
qualifies as expertise and experience in the attractions or
recreations sector; and expertise and experience in either
commercial or private passenger air sector also qualifies for
expertise and experience in the passenger air sector.
This section further adds ``speaking conventions, sales
missions'' to methods by which Brand USA can promote travel to
the United States. It also adds that Brand USA should promote
tourism through digital media, online platforms, and other
appropriate medium. It also specifies that board members should
be given at least five days advanced notice instead of three
before voting on major campaigns.
Sec. 3. Accountability measures
This section amends the TPA to reduce from $500,000 to
$450,000 the dollar threshold for expenditures that require an
explanation. It also adds two new reporting requirements to the
annual report to Congress: a list of countries Brand USA
identifies as emerging markets for tourism to the U.S. and a
description of efforts to promote tourism to rural areas of the
United States.
Sec. 4. Extension of funding for Brand USA
This section amends the TPA to extend funding for Brand USA
through fiscal year 2027. It also reduces from 70 to 50 the
percentage of in-kind contributions from the private sector
that can be used to meet the matching requirement for public
funds.
Sec. 5. Performance plan
This section requires Brand USA to make performance metrics
publicly available on Brand USA's website.
Sec. 6. Electronic System for Travel Authorization fee increase
This section amends the Immigration and Nationality Act to
increase the Electronic System for Travel Authorization base
fee from $10 to $17.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TRAVEL PROMOTION ACT OF 2009
* * * * * * *
SEC. 9. TRAVEL PROMOTION ACT OF 2009.
(a) Short Title.--This section may be cited as the ``Travel
Promotion Act of 2009''.
(b) The Corporation for Travel Promotion.--
(1) Establishment.--The Corporation for Travel
Promotion is established as a nonprofit corporation.
The Corporation shall not be an agency or establishment
of the United States Government. The Corporation shall
be subject to the provisions of the District of
Columbia Nonprofit Corporation Act (D.C. Code, section
29-1001 et seq.), to the extent that such provisions
are consistent with this subsection, and shall have the
powers conferred upon a nonprofit corporation by that
Act to carry out its purposes and activities.
(2) Board of directors.--
(A) In general.--The Corporation shall have a
board of directors of 11 members with knowledge
of international travel promotion or marketing,
broadly representing various regions of the
United States, who are United States citizens.
At least 5 members of the board shall have
experience working in United States
multinational entities with marketing budgets.
At least 2 members of the board shall be audit
committee financial experts (as defined by the
Securities and Exchange Commission in
accordance with section 407 of Public Law 107-
204 (15 U.S.C. 7265)). All members of the board
shall be a current or former chief executive
officer, chief financial officer, or chief
marketing officer, or have held an equivalent
management position. Members of the board shall
be appointed by the Secretary of Commerce
(after consultation with the Secretary of
Homeland Security and the Secretary of State),
as follows:
(i) 1 shall have appropriate
expertise and experience in the hotel
accommodations sector;
(ii) 1 shall have appropriate
expertise and experience in the
restaurant or foodservice sector;
(iii) 1 shall have appropriate
expertise and experience in the small
business or retail sector or in
associations representing that sector;
(iv) 1 shall have appropriate
expertise and experience in the travel
distribution services sector;
(v) 1 shall have appropriate
expertise and experience in the
attractions or recreations sector, such
as outdoor recreation;
(vi) 1 shall have appropriate
expertise and experience as officials
of a city convention and visitors'
bureau;
(vii) 2 shall have appropriate
expertise and experience as officials
of a State tourism office;
(viii) 1 shall have appropriate
expertise and experience in the
commercial or private passenger air
sector;
(ix) 1 shall have appropriate
expertise and experience in immigration
law and policy, including visa
requirements and United States entry
procedures; and
(x) 1 shall have appropriate
expertise in the land or sea passenger
transportation sector.
(B) Incorporation.--The members of the
initial board of directors shall serve as
incorporators and shall take whatever actions
are necessary to establish the Corporation
under the District of Columbia Nonprofit
Corporation Act (D.C. Code, section 29-301.01
et seq.).
(C) Term of office.--The term of office of
each member of the board appointed by the
Secretary shall be 3 years, except that, of the
members first appointed--
(i) 3 shall be appointed for terms of
1 year;
(ii) 4 shall be appointed for terms
of 2 years; and
(iii) 4 shall be appointed for terms
of 3 years.
(D) Removal for cause.--The Secretary of
Commerce may remove any member of the board for
good cause.
(E) Vacancies.--Any vacancy in the board
shall not affect its power, but shall be filled
in the manner required by this subsection. Any
member whose term has expired may serve until
the member's successor has taken office, or
until the end of the calendar year in which the
member's term has expired, whichever is
earlier. Any member appointed to fill a vacancy
occurring prior to the expiration of the term
for which that member's predecessor was
appointed shall be appointed for the remainder
of the predecessor's term. No member of the
board shall be eligible to serve more than 2
consecutive full 3-year terms.
(F) Election of chairman and vice chairman.--
Members of the board shall annually elect one
of the members to be Chairman and elect 1 or 2
of the members as Vice Chairman or Vice
Chairmen.
(G) Status as federal employees.--
Notwithstanding any provision of law to the
contrary, no member of the board may be
considered to be a Federal employee of the
United States by virtue of his or her service
as a member of the board.
(H) Compensation; expenses.--No member shall
receive any compensation from the Federal
government for serving on the Board. Each
member of the Board shall be paid actual travel
expenses and per diem in lieu of subsistence
expenses when away from his or her usual place
of residence, in accordance with section 5703
of title 5, United States Code.
(3) Officers and employees.--
(A) In general.--The Corporation shall have
an executive director and such other officers
as may be named and appointed by the board for
terms and at rates of compensation fixed by the
board. No individual other than a citizen of
the United States may be an officer of the
Corporation. The Corporation may hire and fix
the compensation of such employees as may be
necessary to carry out its purposes. No officer
or employee of the Corporation may receive any
salary or other compensation (except for
compensation for services on boards of
directors of other organizations that do not
receive funds from the Corporation, on
committees of such boards, and in similar
activities for such organizations) from any
sources other than the Corporation for services
rendered during the period of his or her
employment by the Corporation. Service by any
officer on boards of directors of other
organizations, on committees of such boards,
and in similar activities for such
organizations shall be subject to annual
advance approval by the board and subject to
the provisions of the Corporation's Statement
of Ethical Conduct. All officers and employees
shall serve at the pleasure of the board.
(B) Nonpolitical nature of appointment.--No
political test or qualification shall be used
in selecting, appointing, promoting, or taking
other personnel actions with respect to
officers, agents, or employees of the
Corporation.
(4) Nonprofit and nonpolitical nature of
corporation.--
(A) Stock.--The Corporation shall have no
power to issue any shares of stock, or to
declare or pay any dividends.
(B) Profit.--No part of the income or assets
of the Corporation shall inure to the benefit
of any director, officer, employee, or any
other individual except as salary or reasonable
compensation for services.
(C) Politics.--The Corporation may not
contribute to or otherwise support any
political party or candidate for elective
public office.
(D) Sense of congress regarding lobbying
activities.--It is the sense of Congress that
the Corporation should not engage in lobbying
activities (as defined in section 3(7) of the
Lobbying Disclosure Act of 1995 (5 U.S.C.
1602(7)).
(5) Duties and powers.--
(A) In general.--The Corporation shall
develop and execute a plan--
(i) to provide useful information to
foreign tourists, business people,
students, scholars, scientists, and
others interested in traveling to the
United States, including the
distribution of material provided by
the Federal government concerning entry
requirements, required documentation,
fees, processes, and information
concerning declared public health
emergencies, to prospective travelers,
travel agents, tour operators, meeting
planners, foreign governments, travel
media and other international
stakeholders;
(ii) to identify, counter, and
correct misperceptions regarding United
States entry policies around the world;
(iii) to maximize the economic and
diplomatic benefits of travel to the
United States by promoting the United
States of America to world travelers
through the use of, but not limited to,
all forms of advertising, outreach to
trade shows, speaking conventions,
sales missions, and other appropriate
promotional activities;
(iv) to ensure that international
travel benefits all States and
territories of the United States and
the District of Columbia, and to
identify opportunities and strategies
to promote tourism to rural and urban
areas equally, including areas not
traditionally visited by international
travelers; [and]
(v) to give priority to the
Corporation's efforts with respect to
countries and populations most likely
to travel to the United States[.]; and
(vi) to promote tourism to the United
States through digital media, online
platforms, and other appropriate
medium.
(B) Specific powers.--In order to carry out
the purposes of this subsection, the
Corporation may--
(i) obtain grants from and make
contracts with individuals and private
companies, State, and Federal agencies,
organizations, and institutions;
(ii) hire or accept the voluntary
services of consultants, experts,
advisory boards, and panels to aid the
Corporation in carrying out its
purposes; and
(iii) take such other actions as may
be necessary to accomplish the purposes
set forth in this subsection.
(C) Public outreach and information.--The
Corporation shall develop and maintain a
publicly accessible website.
(6) Open meetings.--Meetings of the board of
directors of the Corporation, including any committee
of the board, shall be open to the public. The board
may, by majority vote, close any such meeting only for
the time necessary to preserve the confidentiality of
commercial or financial information that is privileged
or confidential, to discuss personnel matters, or to
discuss legal matters affecting the Corporation,
including pending or potential litigation.
(7) Major campaigns.--The board may not authorize the
Corporation to obligate or expend more than $25,000,000
on any advertising campaign, promotion, or related
effort unless--
(A) the obligation or expenditure is approved
by an affirmative vote of at least 2/3 of the
members of the board present at the meeting;
(B) at least 6 members of the board are
present at the meeting at which it is approved;
and
(C) each member of the board has been given
at least [3 days] 5 days advance notice of the
meeting at which the vote is to be taken and
the matters to be voted upon at that meeting.
(8) Fiscal accountability.--
(A) Fiscal year.--The Corporation shall
establish as its fiscal year the 12-month
period beginning on October 1.
(B) Budget.--The Corporation shall adopt a
budget for each fiscal year.
(C) Annual audits.--The Corporation shall
engage an independent accounting firm to
conduct an annual financial audit of the
Corporation's operations and shall publish the
results of the audit. The Comptroller General
of the United States may review any audit of a
financial statement conducted under this
paragraph by an independent accounting firm and
may audit the Corporation's operations at the
discretion of the Comptroller General. The
Comptroller General and the Congress shall have
full and complete access to the books and
records of the Corporation.
(D) Program audits.--Not later than 2 years
after the date of enactment of this section,
the Comptroller General shall conduct a review
of the programmatic activities of the
Corporation for Travel Promotion. This report
shall be provided to appropriate congressional
committees.
(c) Accountability Measures.--
(1) Objectives.--The Board shall establish annual
objectives for the Corporation for each fiscal year
subject to approval by the Secretary of Commerce (after
consultation with the Secretary of Homeland Security
and the Secretary of State). The Corporation shall
establish a marketing plan for each fiscal year not
less than 60 days before the beginning of that year and
provide a copy of the plan, and any revisions thereof,
to the Secretary.
(2) Budget.--The board shall transmit a copy of the
Corporation's budget for the forthcoming fiscal year to
the Secretary not less than 60 days before the
beginning of each fiscal year, together with an
explanation of any expenditure provided for by the
budget in excess of [$500,000] $450,000 for the fiscal
year. The Corporation shall make a copy of the budget
and the explanation available to the public and shall
provide public access to the budget and explanation on
the Corporation's website.
(3) Annual report to congress.--The Corporation shall
submit an annual report for the preceding fiscal year
to the Secretary of Commerce for transmittal to the
Congress on or before the 15th day of May of each year.
The report shall include--
(A) a comprehensive and detailed report of
the Corporation's operations, activities,
financial condition, and accomplishments under
this section;
(B) a comprehensive and detailed inventory of
amounts obligated or expended by the
Corporation during the preceding fiscal year;
(C) a detailed description of each in-kind
contribution, its fair market value, the
individual or organization responsible for
contributing, its specific use, and a
justification for its use within the context of
the Corporation's mission;
(D) an objective and quantifiable measurement
of its progress, on an objective-by-objective
basis, in meeting the objectives established by
the board;
(E) an explanation of the reason for any
failure to achieve an objective established by
the board and any revisions or alterations to
the Corporation's objectives under paragraph
(1);
(F) a comprehensive and detailed report of
the Corporation's operations and activities to
promote tourism in rural and urban areas;
(G) a description of, and rationales for, the
Corporation's efforts to focus on specific
countries and populations;
(H)(i) a description of, and rationales for,
the Corporation's combination of media channels
employed in meeting the promotional objectives
of its marketing campaign;
(ii) the ratio in which such channels are
used; and
(iii) a justification for the use and ratio
of such channels; [and]
(I) a list of countries the Corporation
identifies as emerging markets for tourism to
the United States;
(J) a description of the efforts the
Corporation has made to promote tourism to
rural areas of the United States; and
[(I)] (K) such recommendations as the
Corporation deems appropriate.
(4) Limitation on use of funds.--Amounts deposited in
the Fund may not be used for any purpose inconsistent
with carrying out the objectives, budget, and report
described in this subsection.
(d) Matching Public and Private Funding.--
(1) Establishment of travel promotion fund.--There is
hereby established in the Treasury a fund which shall
be known as the Travel Promotion Fund.
(2) Funding.--
(A) Start-up expenses.--The Secretary of the
Treasury shall make available to the
Corporation such sums as may be necessary, but
not to exceed $10,000,000, from amounts
deposited in the general fund of the Treasury
from fees under section 217(h)(3)(B)(i)(I) of
the Immigration and Nationality Act (8 U.S.C.
1187(h)(3)(B)(i)(I)) to cover the Corporation's
initial expenses and activities under this
section. Transfers shall be made at least
monthly, immediately following the collection
of fees under section 217(h)(3)(B)(i)(I) of the
Immigration and Nationality Act (8 U.S.C.
1187(h)(3)(B)(i)(I)), on the basis of estimates
by the Secretary, and proper adjustments shall
be made in amounts subsequently transferred to
the extent prior estimates were in excess or
less than the amounts required to be
transferred.
(B) Subsequent years.--For each of fiscal
years 2012 through [2020] 2027, from amounts
deposited in the general fund of the Treasury
during the preceding fiscal year from fees
under section 217(h)(3)(B)(i)(I) of the
Immigration and Nationality Act (8 U.S.C.
1187(h)(B)(i)(I)), the Secretary of the
Treasury shall transfer not more than
$100,000,000 to the Fund, which shall be made
available to the Corporation, subject to
paragraph (3) of this subsection, to carry out
its functions under this section. Transfers
shall be made at least quarterly on the basis
of estimates by the Secretary, and proper
adjustments shall be made in amounts
subsequently transferred to the extent prior
estimates were in excess or less than the
amounts required to be transferred.
(3) Matching requirement.--
(A) In general.--No amounts may be made
available to the Corporation under this
subsection after fiscal year 2011, except to
the extent that--
(i) for fiscal year 2012, the
Corporation provides matching amounts
from non-Federal sources equal in the
aggregate to 50 percent or more of the
amount transferred to the Fund under
paragraph (2); and
(ii) for any fiscal year after fiscal
year 2012, the Corporation provides
matching amounts from non-Federal
sources equal in the aggregate to 100
percent of the amount transferred to
the Fund under paragraph (2) for the
fiscal year.
(B) Goods and services.--For the purpose of
determining the amount received from non-
Federal sources by the Corporation, other than
money--
(i) the fair market value of goods
and services (including advertising)
contributed to the Corporation for use
under this section may be included in
the determination; but
(ii) the fair market value of such
goods and services may not account for
more than [70 percent] 50 percent of
the matching requirement under
subparagraph (A) for the Corporation in
any fiscal year.
(C) Right of refusal.--The Corporation may
decline to accept any contribution in-kind that
it determines to be inappropriate, not useful,
or commercially worthless.
(D) Limitation.--The Corporation may not
obligate or expend funds in excess of the total
amount received by the Corporation for a fiscal
year from Federal and non-Federal sources.
(E) Maintenance of an in-kind contributions
policy.--The Corporation shall maintain an in-
kind contributions policy.
(F) Formalized procedures for in-kind
contributions policy.--Not later than 90 days
after the date of enactment of the Travel
Promotion, Enhancement, and Modernization Act
of 2014, the Secretary of Commerce, in
coordination with the Corporation, shall
establish formal, publicly available procedures
specifying time frames and conditions for--
(i) making and agreeing to revisions
of the Corporation's in-kind
contributions policy; and
(ii) addressing and resolving
disagreements between the Corporation
and its partners, including the
Secretary of Commerce, regarding the
in-kind contributions policy.
(G) Biannual review of procedures to
determine fair market value of goods and
services.--The Corporation and the Secretary of
Commerce (or their designees) shall meet on a
biannual basis to review the procedures to
determine the fair market value of goods and
services received from non-Federal sources by
the Corporation under subparagraph (B).
(4) Carryforward.--
(A) Federal funds.--Amounts transferred to
the Fund under paragraph (2)(B) shall remain
available until expended.
(B) Matching funds.--Any amount received by
the Corporation from non-Federal sources in
each of the fiscal years 2011 through [2020]
2027 that cannot be used to meet the matching
requirement under paragraph (3)(A) for the
fiscal year in which amount was collected may
be carried forward and treated as having been
received in the succeeding fiscal year for
purposes of meeting the matching requirement of
paragraph (3)(A) in such succeeding fiscal
year.
(f) Accountability.--
(1) Performance plans and measures.--Not later than
90 days after the date of the enactment of the Travel
Promotion, Enhancement, and Modernization Act of 2014,
the Corporation shall--
(A) establish performance metrics including,
time frames, evaluation methodologies, and data
sources for measuring--
(i) the effectiveness of marketing
efforts by the Corporation, including
its progress in achieving the long-term
goals of increased traveler visits to
and spending in the United States;
(ii) whether increases in visitation
and spending have occurred in response
to external influences, such as
economic conditions or exchange rates,
rather than in response to the efforts
of the Corporation; and
(iii) any cost or benefit to the
economy of the United States; and
(B) conduct periodic program evaluations in
response to the data resulting from
measurements under subparagraph (A).
(2) GAO accountability.--Not later than 60 days after
the date on which the Corporation receives a report
from the Government Accountability Office with
recommendations for the Corporation, the Corporation
shall submit a report to Congress that describes the
actions taken by the Corporation in response to the
recommendations in such report.
(g) Procurement Requirements.--The Corporation shall--
(1) establish a competitive procurement process; and
(2) certify in its annual report to Congress under
subsection (c)(3) that any contracts entered into were
in compliance with the established competitive
procurement process.
(h) Travel Promotion Fund Fees.--Section 217(h)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)) is
amended to read as follows:
``(B) Fees.--
``(i) In general.--No later than 6
months after the date of enactment of
the Travel Promotion Act of 2009, the
Secretary of Homeland Security shall
establish a fee for the use of the
System and begin assessment and
collection of that fee. The initial fee
shall be the sum of--
``(I) $10 per travel
authorization; and
``(II) an amount that will at
least ensure recovery of the
full costs of providing and
administering the System, as
determined by the Secretary.
``(ii) Disposition of amounts
collected.--Amounts collected under
clause (i)(I) shall be credited to the
Travel Promotion Fund established by
subsection (d) of section 11 of the
Travel Promotion Act of 2009. 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.
``(iii) Sunset of travel promotion
fund fee.--The Secretary may not
collect the fee authorized by clause
(i)(I) for fiscal years beginning after
September 30, 2014.''.
(i) Office of Travel Promotion.--Title II of the
International Travel Act of 1961 (22 U.S.C. 2121 et seq.) is
amended by inserting after section 201 the following:
``SEC. 202. OFFICE OF TRAVEL PROMOTION.
``(a) Office Established.--There is established within the
Department of Commerce an office to be known as the Office of
Travel Promotion.
``(b) Director.--
``(1) Appointment.--The Office shall be headed by a
Director who shall be appointed by the Secretary.
``(2) Qualifications.--The Director shall be a
citizen of the United States and have experience in a
field directly related to the promotion of travel to
and within the United States.
``(3) Duties.--The Director shall be responsible for
ensuring the office is carrying out its functions
effectively and shall report to the Secretary.
``(c) Functions.--The Office shall--
``(1) serve as liaison to the Corporation for Travel
Promotion established by subsection (b) of section 11
of the Travel Promotion Act of 2009 and support and
encourage the development of programs to increase the
number of international visitors to the United States
for business, leisure, educational, medical, exchange,
and other purposes;
``(2) work with the Corporation, the Secretary of
State and the Secretary of Homeland Security--
``(A) to disseminate information more
effectively to potential international visitors
about documentation and procedures required for
admission to the United States as a visitor;
``(B) to ensure that arriving international
visitors are generally welcomed with accurate
information and in an inviting manner;
``(C) to collect accurate data on the total
number of international visitors that visit
each State; and
``(D) enhance the entry and departure
experience for international visitors through
the use of advertising, signage, and customer
service; and
``(3) support State, regional, and private sector
initiatives to promote travel to and within the United
States.
``(d) Reports to Congress.--Within a year after the date of
enactment of the Travel Promotion Act of 2009, and periodically
thereafter as appropriate, the Secretary shall transmit a
report to the Senate Committee on Commerce, Science, and
Transportation, the Senate Committee on Homeland Security and
Governmental Affairs, the Senate Committee on Foreign
Relations, the House of Representatives Committee on Energy and
Commerce, the House of Representatives Committee on Homeland
Security, and the House of Representatives Committee on Foreign
Affairs describing the Office's work with the Corporation, the
Secretary of State and the Secretary of Homeland Security to
carry out subsection (c)(2).''.
(j) Research Program.--Title II of the International Travel
Act of 1961 (22 U.S.C. 2121 et seq.), as amended by subsection
(g), is further amended by inserting after section 202 the
following:
* * * * * * *
----------
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens
* * * * * * *
visa waiver program for certain visitors
Sec. 217. (a) Establishment of Program.--The Secretary of
Homeland Security and the Secretary of State are authorized to
establish a program (hereinafter in this section referred to as
the ``program'') under which the requirement of paragraph
(7)(B)(i)(II) of section 212(a) may be waived by the Secretary
of Homeland Security, in consultation with the Secretary of
State, and in accordance with this section, in the case of an
alien who meets the following requirements:
(1) Seeking entry as tourist for 90 days or less.--
The alien is applying for admission during the program
as a nonimmigrant visitor (described in section
101(a)(15)(B)) for a period not exceeding 90 days.
(2) National of program country.--The alien is a
national of, and presents a passport issued by, a
country which--
(A) extends (or agrees to extend), either on
its own or in conjunction with one or more
other countries that are described in
subparagraph (B) and that have established with
it a common area for immigration admissions,
reciprocal privileges to citizens and nationals
of the United States, and
(B) is designated as a pilot program country
under subsection (c).
(3) Passport requirements.--The alien, at the time of
application for admission, is in possession of a valid
unexpired passport that satisfies the following:
(A) Machine readable.--The passport is a
machine-readable passport that is tamper-
resistant, incorporates document authentication
identifiers, and otherwise satisfies the
internationally accepted standard for machine
readability.
(B) Electronic.--Beginning on April 1, 2016,
the passport is an electronic passport that is
fraud-resistant, contains relevant biographic
and biometric information (as determined by the
Secretary of Homeland Security), and otherwise
satisfies internationally accepted standards
for electronic passports.
(4) Executes immigration forms.--The alien before the
time of such admission completes such immigration form
as the Secretary of Homeland Security shall establish.
(5) Entry into the united states.--If arriving by sea
or air, the alien arrives at the port of entry into the
United States on a carrier, including any carrier
conducting operations under part 135 of title 14, Code
of Federal Regulations, or a noncommercial aircraft
that is owned or operated by a domestic corporation
conducting operations under part 91 of title 14, Code
of Federal Regulations which has entered into an
agreement with the Secretary of Homeland Security
pursuant to subsection (e). The Secretary of Homeland
Security is authorized to require a carrier conducting
operations under part 135 of title 14, Code of Federal
Regulations, or a domestic corporation conducting
operations under part 91 of that title, to give
suitable and proper bond, in such reasonable amount and
containing such conditions as the Secretary of Homeland
Security may deem sufficient to ensure compliance with
the indemnification requirements of this section, as a
term of such an agreement.
(6) Not a safety threat.--The alien has been
determined not to represent a threat to the welfare,
health, safety, or security of the United States.
(7) No previous violation.--If the alien previously
was admitted without a visa under this section, the
alien must not have failed to comply with the
conditions of any previous admission as such a
nonimmigrant.
(8) Round-trip ticket.--The alien is in possession of
a round-trip transportation ticket (unless this
requirement is waived by the Secretary of Homeland
Security under regulations or the alien is arriving at
the port of entry on an aircraft operated under part
135 of title 14, Code of Federal Regulations, or a
noncommercial aircraft that is owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations).
(9) Automated system check.--The identity of the
alien has been checked using an automated electronic
database containing information about the
inadmissibility of aliens to uncover any grounds on
which the alien may be inadmissible to the United
States, and no such ground has been found.
(10) Electronic transmission of identification
information.--Operators of aircraft under part 135 of
title 14, Code of Federal Regulations, or operators of
noncommercial aircraft that are owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations, carrying
any alien passenger who will apply for admission under
this section shall furnish such information as the
Secretary of Homeland Security by regulation shall
prescribe as necessary for the identification of any
alien passenger being transported and for the
enforcement of the immigration laws. Such information
shall be electronically transmitted not less than one
hour prior to arrival at the port of entry for purposes
of checking for inadmissibility using the automated
electronic database.
(11) Eligibility determination under the electronic
system for travel authorization.--Beginning on the date
on which the electronic system for travel authorization
developed under subsection (h)(3) is fully operational,
each alien traveling under the program shall, before
applying for admission to the United States,
electronically provide to the system biographical
information and such other information as the Secretary
of Homeland Security shall determine necessary to
determine the eligibility of, and whether there exists
a law enforcement or security risk in permitting, the
alien to travel to the United States. Upon review of
such biographical information, the Secretary of
Homeland Security shall determine whether the alien is
eligible to travel to the United States under the
program.
(12) Not present in iraq, syria, or any other country
or area of concern.--
(A) In general.--Except as provided in
subparagraphs (B) and (C)--
(i) the alien has not been present,
at any time on or after March 1, 2011--
(I) in Iraq or Syria;
(II) in a country that is
designated by the Secretary of
State under section 6(j) of the
Export Administration Act of
1979 (50 U.S.C. 2405) (as
continued in effect under the
International Emergency
Economic Powers Act (50 U.S.C.
1701 et seq.)), section 40 of
the Arms Export Control Act (22
U.S.C. 2780), section 620A of
the Foreign Assistance Act of
1961 (22 U.S.C. 2371), or any
other provision of law, as a
country, the government of
which has repeatedly provided
support of acts of
international terrorism; or
(III) in any other country or
area of concern designated by
the Secretary of Homeland
Security under subparagraph
(D); and
(ii) regardless of whether the alien
is a national of a program country, the
alien is not a national of--
(I) Iraq or Syria;
(II) a country that is
designated, at the time the
alien applies for admission, by
the Secretary of State under
section 6(j) of the Export
Administration Act of 1979 (50
U.S.C. 2405) (as continued in
effect under the International
Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.)),
section 40 of the Arms Export
Control Act (22 U.S.C. 2780),
section 620A of the Foreign
Assistance Act of 1961 (22
U.S.C. 2371), or any other
provision of law, as a country,
the government of which has
repeatedly provided support of
acts of international
terrorism; or
(III) any other country that
is designated, at the time the
alien applies for admission, by
the Secretary of Homeland
Security under subparagraph
(D).
(B) Certain military personnel and government
employees.--Subparagraph (A)(i) shall not apply
in the case of an alien if the Secretary of
Homeland Security determines that the alien was
present--
(i) in order to perform military
service in the armed forces of a
program country; or
(ii) in order to carry out official
duties as a full time employee of the
government of a program country.
(C) Waiver.--The Secretary of Homeland
Security may waive the application of
subparagraph (A) to an alien if the Secretary
determines that such a waiver is in the law
enforcement or national security interests of
the United States.
(D) Countries or areas of concern.--
(i) In general.--Not later than 60
days after the date of the enactment of
this paragraph, the Secretary of
Homeland Security, in consultation with
the Secretary of State and the Director
of National Intelligence, shall
determine whether the requirement under
subparagraph (A) shall apply to any
other country or area.
(ii) Criteria.--In making a
determination under clause (i), the
Secretary shall consider--
(I) whether the presence of
an alien in the country or area
increases the likelihood that
the alien is a credible threat
to the national security of the
United States;
(II) whether a foreign
terrorist organization has a
significant presence in the
country or area; and
(III) whether the country or
area is a safe haven for
terrorists.
(iii) Annual review.--The Secretary
shall conduct a review, on an annual
basis, of any determination made under
clause (i).
(E) Report.--Beginning not later than one
year after the date of the enactment of this
paragraph, and annually thereafter, the
Secretary of Homeland Security shall submit to
the Committee on Homeland Security, the
Committee on Foreign Affairs, the Permanent
Select Committee on Intelligence, and the
Committee on the Judiciary of the House of
Representatives, and the Committee on Homeland
Security and Governmental Affairs, the
Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on
the Judiciary of the Senate a report on each
instance in which the Secretary exercised the
waiver authority under subparagraph (C) during
the previous year.
(b) Waiver of Rights.--An alien may not be provided a waiver
under the program unless the alien has waived any right--
(1) to review or appeal under this Act of an
immigration officer's determination as to the
admissibility of the alien at the port of entry into
the United States, or
(2) to contest, other than on the basis of an
application for asylum, any action for removal of the
alien.
(c) Designation of Program Countries.--
(1) In general.--The Secretary of Homeland Security,
in consultation with the Secretary of State, may
designate any country as a program country if it meets
the requirements of paragraph (2).
(2) Qualifications.--Except as provided in subsection
(f), a country may not be designated as a program
country unless the following requirements are met:
(A) Low nonimmigrant visa refusal rate.--
Either--
(i) the average number of refusals of
nonimmigrant visitor visas for
nationals of that country during--
(I) the two previous full
fiscal years was less than 2.0
percent of the total number of
nonimmigrant visitor visas for
nationals of that country which
were granted or refused during
those years; and
(II) either of such two
previous full fiscal years was
less than 2.5 percent of the
total number of nonimmigrant
visitor visas for nationals of
that country which were granted
or refused during that year; or
(ii) such refusal rate for nationals
of that country during the previous
full fiscal year was less than 3.0
percent.
(B) Passport program.--
(i) Issuance of passports.--The
government of the country certifies
that it issues to its citizens
passports described in subparagraph (A)
of subsection (a)(3), and on or after
April 1, 2016, passports described in
subparagraph (B) of subsection (a)(3).
(ii) Validation of passports.--Not
later than October 1, 2016, the
government of the country certifies
that it has in place mechanisms to
validate passports described in
subparagraphs (A) and (B) of subsection
(a)(3) at each key port of entry into
that country. This requirement shall
not apply to travel between countries
which fall within the Schengen Zone.
(C) Law enforcement and security interests.--
The Secretary of Homeland Security, in
consultation with the Secretary of State--
(i) evaluates the effect that the
country's designation would have on the
law enforcement and security interests
of the United States (including the
interest in enforcement of the
immigration laws of the United States
and the existence and effectiveness of
its agreements and procedures for
extraditing to the United States
individuals, including its own
nationals, who commit crimes that
violate United States law);
(ii) determines that such interests
would not be compromised by the
designation of the country; and
(iii) submits a written report to the
Committee on the Judiciary, the
Committee on Foreign Affairs, and the
Committee on Homeland Security of the
House of Representatives and the
Committee on the Judiciary, the
Committee on Foreign Relations, and the
Committee on Homeland Security and
Governmental Affairs of the Senate
regarding the country's qualification
for designation that includes an
explanation of such determination.
(D) Reporting lost and stolen passports.--The
government of the country enters into an
agreement with the United States to report, or
make available through Interpol or other means
as designated by the Secretary of Homeland
Security, to the United States Government
information about the theft or loss of
passports not later than 24 hours after
becoming aware of the theft or loss and in a
manner specified in the agreement.
(E) Repatriation of aliens.--The government
of the country accepts for repatriation any
citizen, former citizen, or national of the
country against whom a final executable order
of removal is issued not later than three weeks
after the issuance of the final order of
removal. Nothing in this subparagraph creates
any duty for the United States or any right for
any alien with respect to removal or release.
Nothing in this subparagraph gives rise to any
cause of action or claim under this paragraph
or any other law against any official of the
United States or of any State to compel the
release, removal, or consideration for release
or removal of any alien.
(F) Passenger information exchange.--The
government of the country enters into an
agreement with the United States to share
information regarding whether citizens and
nationals of that country traveling to the
United States represent a threat to the
security or welfare of the United States or its
citizens, and fully implements such agreement.
(G) Interpol screening.--Not later than 270
days after the date of the enactment of this
subparagraph, except in the case of a country
in which there is not an international airport,
the government of the country certifies to the
Secretary of Homeland Security that, to the
maximum extent allowed under the laws of the
country, it is screening, for unlawful
activity, each person who is not a citizen or
national of that country who is admitted to or
departs that country, by using relevant
databases and notices maintained by Interpol,
or other means designated by the Secretary of
Homeland Security. This requirement shall not
apply to travel between countries which fall
within the Schengen Zone.
(3) Continuing and subsequent qualifications.--For
each fiscal year after the initial period--
(A) Continuing qualification.--In the case of
a country which was a program country in the
previous fiscal year, a country may not be
designated as a program country unless the sum
of--
(i) the total of the number of
nationals of that country who were
denied admission at the time of arrival
or withdrew their application for
admission during such previous fiscal
year as a nonimmigrant visitor, and
(ii) the total number of nationals of
that country who were admitted as
nonimmigrant visitors during such
previous fiscal year and who violated
the terms of such admission,
was less than 2 percent of the total number of
nationals of that country who applied for
admission as nonimmigrant visitors during such
previous fiscal year.
(B) New countries.--In the case of another
country, the country may not be designated as a
program country unless the following
requirements are met:
(i) Low nonimmigrant visa refusal
rate in previous 2-year period.--The
average number of refusals of
nonimmigrant visitor visas for
nationals of that country during the
two previous full fiscal years was less
than 2 percent of the total number of
nonimmigrant visitor visas for
nationals of that country which were
granted or refused during those years.
(ii) Low nonimmigrant visa refusal
rate in each of the 2 previous years.--
The average number of refusals of
nonimmigrant visitor visas for
nationals of that country during either
of such two previous full fiscal years
was less than 2.5 percent of the total
number of nonimmigrant visitor visas
for nationals of that country which
were granted or refused during that
year.
(4) Initial period.--For purposes of paragraphs (2)
and (3), the term ``initial period'' means the period
beginning at the end of the 30-day period described in
subsection (b)(1) and ending on the last day of the
first fiscal year which begins after such 30-day
period.
(5) Written reports on continuing qualification;
designation terminations.--
(A) Periodic evaluations.--
(i) In general.--The Secretary of
Homeland Security, in consultation with
the Secretary of State, periodically
(but not less than once every 2
years)--
(I) shall evaluate the effect
of each program country's
continued designation on the
law enforcement and security
interests of the United States
(including the interest in
enforcement of the immigration
laws of the United States and
the existence and effectiveness
of its agreements and
procedures for extraditing to
the United States individuals,
including its own nationals,
who commit crimes that violate
United States law);
(II) shall determine, based
upon the evaluation in
subclause (I), whether any such
designation ought to be
continued or terminated under
subsection (d);
(III) shall submit a written
report to the Committee on the
Judiciary, the Committee on
Foreign Affairs, the Permanent
Select Committee on
Intelligence, and the Committee
on Homeland Security, of the
House of Representatives and
the Committee on the Judiciary,
the Committee on Foreign
Relations, the Select Committee
on Intelligence and the
Committee on Homeland Security
and Governmental Affairs of the
Senate regarding the
continuation or termination of
the country's designation that
includes an explanation of such
determination and the effects
described in subclause (I);
(IV) shall submit to Congress
a report regarding the
implementation of the
electronic system for travel
authorization under subsection
(h)(3) and the participation of
new countries in the program
through a waiver under
paragraph (8); and
(V) shall submit to the
committees described in
subclause (III), a report that
includes an assessment of the
threat to the national security
of the United States of the
designation of each country
designated as a program
country, including the
compliance of the government of
each such country with the
requirements under
subparagraphs (D) and (F) of
paragraph (2), as well as each
such government's capacity to
comply with such requirements.
(ii) Effective date.--A termination
of the designation of a country under
this subparagraph shall take effect on
the date determined by the Secretary of
Homeland Security, in consultation with
the Secretary of State.
(iii) Redesignation.--In the case of
a termination under this subparagraph,
the Secretary of Homeland Security
shall redesignate the country as a
program country, without regard to
subsection (f) or paragraph (2) or (3),
when the Secretary of Homeland
Security, in consultation with the
Secretary of State, determines that all
causes of the termination have been
eliminated.
(B) Emergency termination.--
(i) In general.--In the case of a
program country in which an emergency
occurs that the Secretary of Homeland
Security, in consultation with the
Secretary of State, determines
threatens the law enforcement or
security interests of the United States
(including the interest in enforcement
of the immigration laws of the United
States), the Secretary of Homeland
Security shall immediately terminate
the designation of the country as a
program country.
(ii) Definition.--For purposes of
clause (i), the term ``emergency''
means--
(I) the overthrow of a
democratically elected
government;
(II) war (including
undeclared war, civil war, or
other military activity) on the
territory of the program
country;
(III) a severe breakdown in
law and order affecting a
significant portion of the
program country's territory;
(IV) a severe economic
collapse in the program
country; or
(V) any other extraordinary
event in the program country
that threatens the law
enforcement or security
interests of the United States
(including the interest in
enforcement of the immigration
laws of the United States) and
where the country's
participation in the program
could contribute to that
threat.
(iii) Redesignation.--The Secretary
of Homeland Security may redesignate
the country as a program country,
without regard to subsection (f) or
paragraph (2) or (3), when the
Secretary of Homeland Security, in
consultation with the Secretary of
State, determines that--
(I) at least 6 months have
elapsed since the effective
date of the termination;
(II) the emergency that
caused the termination has
ended; and
(III) the average number of
refusals of nonimmigrant
visitor visas for nationals of
that country during the period
of termination under this
subparagraph was less than 3.0
percent of the total number of
nonimmigrant visitor visas for
nationals of that country which
were granted or refused during
such period.
(iv) Program suspension authority.--
The Director of National Intelligence
shall immediately inform the Secretary
of Homeland Security of any current and
credible threat which poses an imminent
danger to the United States or its
citizens and originates from a country
participating in the visa waiver
program. Upon receiving such
notification, the Secretary, in
consultation with the Secretary of
State--
(I) may suspend a country
from the visa waiver program
without prior notice;
(II) shall notify any country
suspended under subclause (I)
and, to the extent practicable
without disclosing sensitive
intelligence sources and
methods, provide justification
for the suspension; and
(III) shall restore the
suspended country's
participation in the visa
waiver program upon a
determination that the threat
no longer poses an imminent
danger to the United States or
its citizens.
(C) Treatment of nationals after
termination.--For purposes of this paragraph--
(i) nationals of a country whose
designation is terminated under
subparagraph (A) or (B) shall remain
eligible for a waiver under subsection
(a) until the effective date of such
termination; and
(ii) a waiver under this section that
is provided to such a national for a
period described in subsection (a)(1)
shall not, by such termination, be
deemed to have been rescinded or
otherwise rendered invalid, if the
waiver is granted prior to such
termination.
(6) Computation of visa refusal rates.--For purposes
of determining the eligibility of a country to be
designated as a program country, the calculation of
visa refusal rates shall not include any visa refusals
which incorporate any procedures based on, or are
otherwise based on, race, sex, or disability, unless
otherwise specifically authorized by law or regulation.
No court shall have jurisdiction under this paragraph
to review any visa refusal, the denial of admission to
the United States of any alien by the Secretary of
Homeland Security, the Secretary's computation of the
visa refusal rate, or the designation or nondesignation
of any country.
(7) Visa waiver information.--
(A) In general.--In refusing the application
of nationals of a program country for United
States visas, or the applications of nationals
of a country seeking entry into the visa waiver
program, a consular officer shall not knowingly
or intentionally classify the refusal of the
visa under a category that is not included in
the calculation of the visa refusal rate only
so that the percentage of that country's visa
refusals is less than the percentage limitation
applicable to qualification for participation
in the visa waiver program.
(B) Reporting requirement.--On May 1 of each
year, for each country under consideration for
inclusion in the visa waiver program, the
Secretary of State shall provide to the
appropriate congressional committees--
(i) the total number of nationals of
that country that applied for United
States visas in that country during the
previous calendar year;
(ii) the total number of such
nationals who received United States
visas during the previous calendar
year;
(iii) the total number of such
nationals who were refused United
States visas during the previous
calendar year;
(iv) the total number of such
nationals who were refused United
States visas during the previous
calendar year under each provision of
this Act under which the visas were
refused; and
(v) the number of such nationals that
were refused under section 214(b) as a
percentage of the visas that were
issued to such nationals.
(C) Certification.--Not later than May 1 of
each year, the United States chief of mission,
acting or permanent, to each country under
consideration for inclusion in the visa waiver
program shall certify to the appropriate
congressional committees that the information
described in subparagraph (B) is accurate and
provide a copy of that certification to those
committees.
(D) Consideration of countries in the visa
waiver program.--Upon notification to the
Secretary of Homeland Security that a country
is under consideration for inclusion in the
visa waiver program, the Secretary of State
shall provide all of the information described
in subparagraph (B) to the Secretary of
Homeland Security.
(E) Definition.--In this paragraph, the term
``appropriate congressional committees'' means
the Committee on the Judiciary and the
Committee on Foreign Relations of the Senate
and the Committee on the Judiciary and the
Committee on International Relations of the
House of Representatives.
(8) Nonimmigrant visa refusal rate flexibility.--
(A) Certification.--
(i) In general.--On the date on which
an air exit system is in place that can
verify the departure of not less than
97 percent of foreign nationals who
exit through airports of the United
States and the electronic system for
travel authorization required under
subsection (h)(3) is fully operational,
the Secretary of Homeland Security
shall certify to Congress that such air
exit system and electronic system for
travel authorization are in place.
(ii) Notification to congress.--The
Secretary shall notify Congress in
writing of the date on which the air
exit system under clause (i) fully
satisfies the biometric requirements
specified in subsection (i).
(iii) Temporary suspension of waiver
authority.--Notwithstanding any
certification made under clause (i), if
the Secretary has not notified Congress
in accordance with clause (ii) by June
30, 2009, the Secretary's waiver
authority under subparagraph (B) shall
be suspended beginning on July 1, 2009,
until such time as the Secretary makes
such notification.
(iv) Rule of construction.--Nothing
in this paragraph shall be construed as
in any way abrogating the reporting
requirements under subsection (i)(3).
(B) Waiver.--After certification by the
Secretary under subparagraph (A), the
Secretary, in consultation with the Secretary
of State, may waive the application of
paragraph (2)(A) for a country if--
(i) the country meets all security
requirements of this section;
(ii) the Secretary of Homeland
Security determines that the totality
of the country's security risk
mitigation measures provide assurance
that the country's participation in the
program would not compromise the law
enforcement, security interests, or
enforcement of the immigration laws of
the United States;
(iii) there has been a sustained
reduction in the rate of refusals for
nonimmigrant visas for nationals of the
country and conditions exist to
continue such reduction;
(iv) the country cooperated with the
Government of the United States on
counterterrorism initiatives,
information sharing, and preventing
terrorist travel before the date of its
designation as a program country, and
the Secretary of Homeland Security and
the Secretary of State determine that
such cooperation will continue; and
(v)(I) the rate of refusals for
nonimmigrant visitor visas for
nationals of the country during the
previous full fiscal year was not more
than ten percent; or
(II) the visa overstay rate for the
country for the previous full fiscal
year does not exceed the maximum visa
overstay rate, once such rate is
established under subparagraph (C).
(C) Maximum visa overstay rate.--
(i) Requirement to establish.--After
certification by the Secretary under
subparagraph (A), the Secretary and the
Secretary of State jointly shall use
information from the air exit system
referred to in such subparagraph to
establish a maximum visa overstay rate
for countries participating in the
program pursuant to a waiver under
subparagraph (B). The Secretary of
Homeland Security shall certify to
Congress that such rate would not
compromise the law enforcement,
security interests, or enforcement of
the immigration laws of the United
States.
(ii) Visa overstay rate defined.--In
this paragraph the term ``visa overstay
rate'' means, with respect to a
country, the ratio of--
(I) the total number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa whose periods
of authorized stays ended
during a fiscal year but who
remained unlawfully in the
United States beyond such
periods; to
(II) the total number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa during that
fiscal year.
(iii) Report and publication.--The
Secretary of Homeland Security shall on
the same date submit to Congress and
publish in the Federal Register
information relating to the maximum
visa overstay rate established under
clause (i). Not later than 60 days
after such date, the Secretary shall
issue a final maximum visa overstay
rate above which a country may not
participate in the program.
(9) Discretionary security-related considerations.--
In determining whether to waive the application of
paragraph (2)(A) for a country, pursuant to paragraph
(8), the Secretary of Homeland Security, in
consultation with the Secretary of State, shall take
into consideration other factors affecting the security
of the United States, including--
(A) airport security standards in the
country;
(B) whether the country assists in the
operation of an effective air marshal program;
(C) the standards of passports and travel
documents issued by the country; and
(D) other security-related factors, including
the country's cooperation with the United
States' initiatives toward combating terrorism
and the country's cooperation with the United
States intelligence community in sharing
information regarding terrorist threats.
(10) Technical assistance.--The Secretary of Homeland
Security, in consultation with the Secretary of State,
shall provide technical assistance to program countries
to assist those countries in meeting the requirements
under this section. The Secretary of Homeland Security
shall ensure that the program office within the
Department of Homeland Security is adequately staffed
and has resources to be able to provide such technical
assistance, in addition to its duties to effectively
monitor compliance of the countries participating in
the program with all the requirements of the program.
(11) Independent review.--
(A) In general.--Prior to the admission of a
new country into the program under this
section, and in conjunction with the periodic
evaluations required under subsection
(c)(5)(A), the Director of National
Intelligence shall conduct an independent
intelligence assessment of a nominated country
and member of the program.
(B) Reporting requirement.--The Director
shall provide to the Secretary of Homeland
Security, the Secretary of State, and the
Attorney General the independent intelligence
assessment required under subparagraph (A).
(C) Contents.--The independent intelligence
assessment conducted by the Director shall
include--
(i) a review of all current, credible
terrorist threats of the subject
country;
(ii) an evaluation of the subject
country's counterterrorism efforts;
(iii) an evaluation as to the extent
of the country's sharing of information
beneficial to suppressing terrorist
movements, financing, or actions;
(iv) an assessment of the risks
associated with including the subject
country in the program; and
(v) recommendations to mitigate the
risks identified in clause (iv).
(12) Designation of high risk program countries.--
(A) In general.--The Secretary of Homeland
Security, in consultation with the Director of
National Intelligence and the Secretary of
State, shall evaluate program countries on an
annual basis based on the criteria described in
subparagraph (B) and shall identify any program
country, the admission of nationals from which
under the visa waiver program under this
section, the Secretary determines presents a
high risk to the national security of the
United States.
(B) Criteria.--In evaluating program
countries under subparagraph (A), the Secretary
of Homeland Security, in consultation with the
Director of National Intelligence and the
Secretary of State, shall consider the
following criteria:
(i) The number of nationals of the
country determined to be ineligible to
travel to the United States under the
program during the previous year.
(ii) The number of nationals of the
country who were identified in United
States Government databases related to
the identities of known or suspected
terrorists during the previous year.
(iii) The estimated number of
nationals of the country who have
traveled to Iraq or Syria at any time
on or after March 1, 2011 to engage in
terrorism.
(iv) The capacity of the country to
combat passport fraud.
(v) The level of cooperation of the
country with the counter-terrorism
efforts of the United States.
(vi) The adequacy of the border and
immigration control of the country.
(vii) Any other criteria the
Secretary of Homeland Security
determines to be appropriate.
(C) Suspension of designation.--The Secretary
of Homeland Security, in consultation with the
Secretary of State, may suspend the designation
of a program country based on a determination
that the country presents a high risk to the
national security of the United States under
subparagraph (A) until such time as the
Secretary determines that the country no longer
presents such a risk.
(D) Report.--Not later than 60 days after the
date of the enactment of this paragraph, and
annually thereafter, the Secretary of Homeland
Security, in consultation with the Director of
National Intelligence and the Secretary of
State, shall submit to the Committee on
Homeland Security, the Committee on Foreign
Affairs, the Permanent Select Committee on
Intelligence, and the Committee on the
Judiciary of the House of Representatives, and
the Committee on Homeland Security and
Governmental Affairs, the Committee on Foreign
Relations, the Select Committee on
Intelligence, and the Committee on the
Judiciary of the Senate a report, which
includes an evaluation and threat assessment of
each country determined to present a high risk
to the national security of the United States
under subparagraph (A).
(d) Authority.--Notwithstanding any other provision of this
section, the Secretary of Homeland Security, in consultation
with the Secretary of State, may for any reason (including
national security) refrain from waiving the visa requirement in
respect to nationals of any country which may otherwise qualify
for designation or may, at any time, rescind any waiver or
designation previously granted under this section. The
Secretary of Homeland Security may not waive any eligibility
requirement under this section unless the Secretary notifies,
with respect to the House of Representatives, the Committee on
Homeland Security, the Committee on the Judiciary, the
Committee on Foreign Affairs, and the Committee on
Appropriations, and with respect to the Senate, the Committee
on Homeland Security and Governmental Affairs, the Committee on
the Judiciary, the Committee on Foreign Relations, and the
Committee on Appropriations not later than 30 days before the
effective date of such waiver.
(e) Carrier Agreements.--
(1) In general.--The agreement referred to in
subsection (a)(4) is an agreement between a carrier
(including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations) or a
domestic corporation conducting operations under part
91 of that title and the Secretary of Homeland Security
under which the carrier (including any carrier
conducting operations under part 135 of title 14, Code
of Federal Regulations) or a domestic corporation
conducting operations under part 91 of that title
agrees, in consideration of the waiver of the visa
requirement with respect to a nonimmigrant visitor
under the program--
(A) to indemnify the United States against
any costs for the transportation of the alien
from the United States if the visitor is
refused admission to the United States or
remains in the United States unlawfully after
the 90-day period described in subsection
(a)(1)(A),
(B) to submit daily to immigration officers
any immigration forms received with respect to
nonimmigrant visitors provided a waiver under
the program,
(C) to be subject to the imposition of fines
resulting from the transporting into the United
States of a national of a designated country
without a passport pursuant to regulations
promulgated by the Secretary of Homeland
Security, and
(D) to collect, provide, and share passenger
data as required under subsection (h)(1)(B).
(2) Termination of agreements.--The Secretary of
Homeland Security may terminate an agreement under
paragraph (1) with five days' notice to the carrier
(including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations) or a
domestic corporation conducting operations under part
91 of that title for the failure by a carrier
(including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations) or a
domestic corporation conducting operations under part
91 of that title to meet the terms of such agreement.
(3) Business aircraft requirements.--
(A) In general.--For purposes of this
section, a domestic corporation conducting
operations under part 91 of title 14, Code of
Federal Regulations that owns or operates a
noncommercial aircraft is a corporation that is
organized under the laws of any of the States
of the United States or the District of
Columbia and is accredited by or a member of a
national organization that sets business
aviation standards. The Secretary of Homeland
Security shall prescribe by regulation the
provision of such information as the Secretary
of Homeland Security deems necessary to
identify the domestic corporation, its
officers, employees, shareholders, its place of
business, and its business activities.
(B) Collections.--In addition to any other
fee authorized by law, the Secretary of
Homeland Security is authorized to charge and
collect, on a periodic basis, an amount from
each domestic corporation conducting operations
under part 91 of title 14, Code of Federal
Regulations, for nonimmigrant visa waiver
admissions on noncommercial aircraft owned or
operated by such domestic corporation equal to
the total amount of fees assessed for issuance
of nonimmigrant visa waiver arrival/departure
forms at land border ports of entry. All fees
collected under this paragraph shall be
deposited into the Immigration User Fee Account
established under section 286(h).
(f) Duration and Termination of Designation.--
(1) In general.--
(A) Determination and notification of
disqualification rate.--Upon determination by
the Secretary of Homeland Security that a
program country's disqualification rate is 2
percent or more, the Secretary of Homeland
Security shall notify the Secretary of State.
(B) Probationary status.--If the program
country's disqualification rate is greater than
2 percent but less than 3.5 percent, the
Secretary of Homeland Security shall place the
program country in probationary status for a
period not to exceed 2 full fiscal years
following the year in which the determination
under subparagraph (A) is made.
(C) Termination of designation.--Subject to
paragraph (3), if the program country's
disqualification rate is 3.5 percent or more,
the Secretary of Homeland Security shall
terminate the country's designation as a
program country effective at the beginning of
the second fiscal year following the fiscal
year in which the determination under
subparagraph (A) is made.
(2) Termination of probationary status.--
(A) In general.--If the Secretary of Homeland
Security determines at the end of the
probationary period described in paragraph
(1)(B) that the program country placed in
probationary status under such paragraph has
failed to develop a machine-readable passport
program as required by section (c)(2)(C), or
has a disqualification rate of 2 percent or
more, the Secretary of Homeland Security shall
terminate the designation of the country as a
program country. If the Secretary of Homeland
Security determines that the program country
has developed a machine-readable passport
program and has a disqualification rate of less
than 2 percent, the Secretary of Homeland
Security shall redesignate the country as a
program country.
(B) Effective date.--A termination of the
designation of a country under subparagraph (A)
shall take effect on the first day of the first
fiscal year following the fiscal year in which
the determination under such subparagraph is
made. Until such date, nationals of the country
shall remain eligible for a waiver under
subsection (a).
(3) Nonapplicability of certain provisions.--
Paragraph (1)(C) shall not apply unless the total
number of nationals of a program country described in
paragraph (4)(A) exceeds 100.
(4) Definition.--For purposes of this subsection, the
term ``disqualification rate'' means the percentage
which--
(A) the total number of nationals of the
program country who were--
(i) denied admission at the time of
arrival or withdrew their application
for admission during the most recent
fiscal year for which data are
available; and
(ii) admitted as nonimmigrant
visitors during such fiscal year and
who violated the terms of such
admission; bears to
(B) the total number of nationals of such
country who applied for admission as
nonimmigrant visitors during such fiscal year.
(5) Failure to report passport thefts.--If the
Secretary of Homeland Security and the Secretary of
State jointly determine that the program country is not
reporting the theft or loss of passports, as required
by subsection (c)(2)(D), the Secretary of Homeland
Security shall terminate the designation of the country
as a program country.
(6) Failure to share information.--
(A) In general.--If the Secretary of Homeland
Security and the Secretary of State jointly
determine that the program country is not
sharing information, as required by subsection
(c)(2)(F), the Secretary of Homeland Security
shall terminate the designation of the country
as a program country.
(B) Redesignation.--In the case of a
termination under this paragraph, the Secretary
of Homeland Security shall redesignate the
country as a program country, without regard to
paragraph (2) or (3) of subsection (c) or
paragraphs (1) through (4), when the Secretary
of Homeland Security, in consultation with the
Secretary of State, determines that the country
is sharing information, as required by
subsection (c)(2)(F).
(7) Failure to screen.--
(A) In general.--Beginning on the date that
is 270 days after the date of the enactment of
this paragraph, if the Secretary of Homeland
Security and the Secretary of State jointly
determine that the program country is not
conducting the screening required by subsection
(c)(2)(G), the Secretary of Homeland Security
shall terminate the designation of the country
as a program country.
(B) Redesignation.--In the case of a
termination under this paragraph, the Secretary
of Homeland Security shall redesignate the
country as a program country, without regard to
paragraph (2) or (3) of subsection (c) or
paragraphs (1) through (4), when the Secretary
of Homeland Security, in consultation with the
Secretary of State, determines that the country
is conducting the screening required by
subsection (c)(2)(G).
(g) Visa Application Sole Method To Dispute Denial of Waiver
Based on a Ground of Inadmissibility.--In the case of an alien
denied a waiver under the program by reason of a ground of
inadmissibility described in section 212(a) that is discovered
at the time of the alien's application for the waiver or
through the use of an automated electronic database required
under subsection (a)(9), the alien may apply for a visa at an
appropriate consular office outside the United States. There
shall be no other means of administrative or judicial review of
such a denial, and no court or person otherwise shall have
jurisdiction to consider any claim attacking the validity of
such a denial.
(h) Use of Information Technology Systems.--
(1) Automated entry-exit control system.--
(A) System.--Not later than October 1, 2001,
the Secretary of Homeland Security shall
develop and implement a fully automated entry
and exit control system that will collect a
record of arrival and departure for every alien
who arrives and departs by sea or air at a port
of entry into the United States and is provided
a waiver under the program.
(B) Requirements.--The system under
subparagraph (A) shall satisfy the following
requirements:
(i) Data collection by carriers.--Not
later than October 1, 2001, the records
of arrival and departure described in
subparagraph (A) shall be based, to the
maximum extent practicable, on
passenger data collected and
electronically transmitted to the
automated entry and exit control system
by each carrier that has an agreement
under subsection (a)(4).
(ii) Data provision by carriers.--Not
later than October 1, 2002, no waiver
may be provided under this section to
an alien arriving by sea or air at a
port of entry into the United States on
a carrier unless the carrier is
electronically transmitting to the
automated entry and exit control system
passenger data determined by the
Secretary of Homeland Security to be
sufficient to permit the Secretary of
Homeland Security to carry out this
paragraph.
(iii) Calculation.--The system shall
contain sufficient data to permit the
Secretary of Homeland Security to
calculate, for each program country and
each fiscal year, the portion of
nationals of that country who are
described in subparagraph (A) and for
whom no record of departure exists,
expressed as a percentage of the total
number of such nationals who are so
described.
(C) Reporting.--
(i) Percentage of nationals lacking
departure record.--As part of the
annual report required to be submitted
under section 110(e)(1) of the Illegal
Immigration Reform and Immigrant
Responsibility Act of 1996, the
Secretary of Homeland Security shall
include a section containing the
calculation described in subparagraph
(B)(iii) for each program country for
the previous fiscal year, together with
an analysis of that information.
(ii) System effectiveness.--Not later
than December 31, 2004, the Secretary
of Homeland Security shall submit a
written report to the Committee on the
Judiciary of the United States House of
Representatives and of the Senate
containing the following:
(I) The conclusions of the
Secretary of Homeland Security
regarding the effectiveness of
the automated entry and exit
control system to be developed
and implemented under this
paragraph.
(II) The recommendations of
the Secretary of Homeland
Security regarding the use of
the calculation described in
subparagraph (B)(iii) as a
basis for evaluating whether to
terminate or continue the
designation of a country as a
program country.
The report required by this clause may
be combined with the annual report
required to be submitted on that date
under section 110(e)(1) of the Illegal
Immigration Reform and Immigrant
Responsibility Act of 1996.
(2) Automated data sharing system.--
(A) System.--The Secretary of Homeland
Security and the Secretary of State shall
develop and implement an automated data sharing
system that will permit them to share data in
electronic form from their respective records
systems regarding the admissibility of aliens
who are nationals of a program country.
(B) Requirements.--The system under
subparagraph (A) shall satisfy the following
requirements:
(i) Supplying information to
immigration officers conducting
inspections at ports of entry.--Not
later than October 1, 2002, the system
shall enable immigration officers
conducting inspections at ports of
entry under section 235 to obtain from
the system, with respect to aliens
seeking a waiver under the program--
(I) any photograph of the
alien that may be contained in
the records of the Department
of State or the Service; and
(II) information on whether
the alien has ever been
determined to be ineligible to
receive a visa or ineligible to
be admitted to the United
States.
(ii) Supplying photographs of
inadmissible aliens.--The system shall
permit the Secretary of Homeland
Security electronically to obtain any
photograph contained in the records of
the Secretary of State pertaining to an
alien who is a national of a program
country and has been determined to be
ineligible to receive a visa.
(iii) Maintaining records on
applications for admission.--The system
shall maintain, for a minimum of 10
years, information about each
application for admission made by an
alien seeking a waiver under the
program, including the following:
(I) The name or Service
identification number of each
immigration officer conducting
the inspection of the alien at
the port of entry.
(II) Any information
described in clause (i) that is
obtained from the system by any
such officer.
(III) The results of the
application.
(3) electronic system for travel authorization.--
(A) System.--The Secretary of Homeland
Security, in consultation with the Secretary of
State, shall develop and implement a fully
automated electronic system for travel
authorization (referred to in this paragraph as
the ``System'') to collect such biographical
and other information as the Secretary of
Homeland Security determines necessary to
determine, in advance of travel, the
eligibility of, and whether there exists a law
enforcement or security risk in permitting, the
alien to travel to the United States.
(B) Fees.--
(i) In general.--No later than 6
months after the date of enactment of
the Travel Promotion Act of 2009, the
Secretary of Homeland Security shall
establish a fee for the use of the
System and begin assessment and
collection of that fee. The initial fee
shall be the sum of--
(I) [$10] $17 per travel
authorization; and
(II) an amount that will at
least ensure recovery of the
full costs of providing and
administering the System, as
determined by the Secretary.
(ii) Disposition of amounts
collected.--Amounts collected under
clause (i)(I) shall be credited to the
Travel Promotion Fund established by
subsection (d) of the Travel 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.
(iii) Sunset of travel promotion fund
fee.--The Secretary may not collect the
fee authorized by clause (i)(I) for
fiscal years beginning after September
30, 2027.
(C) Validity.--
(i) Period.--The Secretary of
Homeland Security, in consultation with
the Secretary of State, shall prescribe
regulations that provide for a period,
not to exceed three years, during which
a determination of eligibility to
travel under the program will be valid.
Notwithstanding any other provision
under this section, the Secretary of
Homeland Security may revoke any such
determination or shorten the period of
eligibility under any such
determination at any time and for any
reason.
(ii) Limitation.--A determination by
the Secretary of Homeland Security that
an alien is eligible to travel to the
United States under the program is not
a determination that the alien is
admissible to the United States.
(iii) Not a determination of visa
eligibility.--A determination by the
Secretary of Homeland Security that an
alien who applied for authorization to
travel to the United States through the
System is not eligible to travel under
the program is not a determination of
eligibility for a visa to travel to the
United States and shall not preclude
the alien from applying for a visa.
(iv) Judicial review.--
Notwithstanding any other provision of
law, no court shall have jurisdiction
to review an eligibility determination
under the System.
(D) Fraud detection.--The Secretary of
Homeland Security shall research opportunities
to incorporate into the System technology that
will detect and prevent fraud and deception in
the System.
(E) Additional and previous countries of
citizenship.--The Secretary of Homeland
Security shall collect from an applicant for
admission pursuant to this section information
on any additional or previous countries of
citizenship of that applicant. The Secretary
shall take any information so collected into
account when making determinations as to the
eligibility of the alien for admission pursuant
to this section.
(F) Report 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, 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 the number of individuals
who were denied eligibility to travel under the
program, or whose eligibility for such travel
was revoked during the previous year, and the
number of such individuals determined, in
accordance with subsection (a)(6), to represent
a threat to the national security of the United
States, and shall include the country or
countries of citizenship of each such
individual.
(i) Exit System.--
(1) In general.--Not later than one year after the
date of the enactment of this subsection, the Secretary
of Homeland Security shall establish an exit system
that records the departure on a flight leaving the
United States of every alien participating in the visa
waiver program established under this section.
(2) System requirements.--The system established
under paragraph (1) shall--
(A) match biometric information of the alien
against relevant watch lists and immigration
information; and
(B) compare such biometric information
against manifest information collected by air
carriers on passengers departing the United
States to confirm such aliens have departed the
United States.
(3) Report.--Not later than 180 days after the date
of the enactment of this subsection, the Secretary
shall submit to Congress a report that describes--
(A) the progress made in developing and
deploying the exit system established under
this subsection; and
(B) the procedures by which the Secretary
shall improve the method of calculating the
rates of nonimmigrants who overstay their
authorized period of stay in the United States.
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