II 

118TH CONGRESS 

1ST SESSION S. 493 

To amend the Immigration and Nationality Act to require Visa Waiver Program countries to share watch list information about known or suspected 

terrorists and to fully cooperate with United States law enforcement 

entities in preventing and combating serious crime. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2023 

Mr. RUBIO (for himself and Mr. CRUZ) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to require 

Visa Waiver Program countries to share watch list information about known or suspected terrorists and to fully 

cooperate with United States law enforcement entities 

in preventing and combating serious crime. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing the Visa 

5 Waiver Program Act of 2023’’. 


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•S 493 IS

1 SEC. 2. VISA WAIVER PROGRAM INFORMATION SHARING 

2 AGREEMENTS. 

3 (a) IN GENERAL.—Section 217(c)(2)(F) of the Immi4 gration and Nationality Act (8 U.S.C. 1187(c)(2)(F)) is 

5 amended to read as follows: 

6 ‘‘(F) INFORMATION SHARING AGREE7 MENTS.— 

8 ‘‘(i) SECURITY THREATS.—The gov9 ernment of the country enters into an 

10 agreement with the United States to share 

11 information regarding whether citizens and 

12 nationals of that country traveling to the 

13 United States represent a threat to the se14 curity or welfare of the United States or 

15 its citizens, and fully implements such 

16 agreement. 

17 ‘‘(ii) TERRORIST WATCH LISTS.—The 

18 government of the country enters into an 

19 agreement with the United States to share 

20 thorough, accurate, and current informa21 tion about citizens and nationals of that 

22 country who are known or appropriately 

23 suspected to be or have been engaged in 

24 conduct constituting, in preparation for, in 

25 aid of, or related to terrorism, and fully 

26 implements such agreement. 


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1 ‘‘(iii) ENHANCING COOPERATION IN

2 PREVENTING AND COMBATING SERIOUS

3 CRIME.—The government of the country 

4 enters into an agreement with the United 

5 States to establish frameworks for en6 hanced law enforcement cooperation, in7 cluding the exchange of biometric and bio8 graphic data relating to citizens and na9 tionals of that country who have engaged 

10 in, or are appropriately suspected of en11 gaging in, an aggravated felony, and shar12 ing any relevant underlying information for 

13 law enforcement purposes, and fully imple14 ments such agreement.’’. 

15 (b) EFFECT OF FAILURE TO COMPLY WITH INFOR16 MATION SHARING AGREEMENTS.—Section 217(c) of the 

17 Immigration and Nationality Act, as amended by sub18 section (a), is further amended by adding at the end the 

19 following: 

20 ‘‘(13) EFFECT OF FAILURE TO COMPLY WITH

21 INFORMATION SHARING AGREEMENTS.— 

22 ‘‘(A) IN GENERAL.—The Secretary of 

23 Homeland Security shall immediately terminate 

24 the designation of a country as a program 

25 country if such country fails to comply with the 


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•S 493 IS

1 requirements under subparagraph (D) or (F) of 

2 paragraph (2) within— 

3 ‘‘(i) the 3-month period beginning on 

4 the date of the enactment of this para5 graph, if such country was a program 

6 country on such date of enactment; or 

7 ‘‘(ii) the 6-month period beginning on 

8 the date on which such country became a 

9 program country. 

10 ‘‘(B) ELIGIBILITY TO REJOIN.—A program 

11 country whose participation in the program is 

12 terminated pursuant to subparagraph (A) may 

13 be permitted to rejoin the program by pro14 ducing evidence that the country has come into 

15 compliance and continuously complied with sub16 paragraphs (D) and (F) of paragraph (2) for a 

17 period, as determined by the Secretary of 

18 Homeland Security, that is at least as long as 

19 the longer of— 

20 ‘‘(i) the period during which the coun21 try was out of compliance with such sub22 paragraphs; or 

23 ‘‘(ii) the most recent 3-month pe24 riod.’’. 

Æ 


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