II 

114TH CONGRESS 

1ST SESSION S. 1507 

To amend section 217 of the Immigration and Nationality Act to modify 

the visa waiver program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2015 

Ms. MIKULSKI (for herself and Mr. KIRK) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend section 217 of the Immigration and Nationality 

Act to modify the visa waiver program, and for other 

purposes. 

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 ‘‘Visa Waiver Program 

5 Enhanced Security and Reform Act’’. 

6 SEC. 2. VISA WAIVER PROGRAM ENHANCED SECURITY AND 

7 REFORM. 

8 (a) DEFINITIONS.—Section 217(c)(1) of the Immi9 gration and Nationality Act (8 U.S.C. 1187(c)(1)) is 

10 amended to read as follows: 


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1 ‘‘(1) AUTHORITY TO DESIGNATE; DEFINI2 TIONS.— 

3 ‘‘(A) AUTHORITY TO DESIGNATE.—The 

4 Secretary of Homeland Security, in consultation 

5 with the Secretary of State, may designate any 

6 country as a program country if that country 

7 meets the requirements under paragraph (2). 

8 ‘‘(B) DEFINITIONS.—In this subsection: 

9 ‘‘(i) APPROPRIATE CONGRESSIONAL

10 COMMITTEES.—The term ‘appropriate con11 gressional committees’ means— 

12 ‘‘(I) the Committee on Foreign 

13 Relations of the Senate; 

14 ‘‘(II) the Committee on Home15 land Security and Governmental Af16 fairs of the Senate; 

17 ‘‘(III) the Committee on the Ju18 diciary of the Senate; 

19 ‘‘(IV) the Committee on Foreign 

20 Affairs of the House of Representa21 tives; 

22 ‘‘(V) the Committee on Home23 land Security of the House of Rep24 resentatives; and 


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1 ‘‘(VI) the Committee on the Ju2 diciary of the House of Representa3 tives. 

4 ‘‘(ii) OVERSTAY RATE.— 

5 ‘‘(I) INITIAL DESIGNATION.—The 

6 term ‘overstay rate’ means, with re7 spect to a country being considered 

8 for designation in the program, the 

9 ratio between— 

10 ‘‘(aa) the number of nation11 als of that country who were ad12 mitted to the United States on 

13 the basis of a nonimmigrant visa 

14 under section 101(a)(15)(B) 

15 whose periods of authorized stay 

16 ended during a fiscal year but 

17 who remained unlawfully in the 

18 United States beyond such peri19 ods; and 

20 ‘‘(bb) the number of nation21 als of that country who were ad22 mitted to the United States on 

23 the basis of a nonimmigrant visa 

24 under section 101(a)(15)(B) 


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1 whose periods of authorized stay 

2 ended during that fiscal year. 

3 ‘‘(II) CONTINUING DESIGNA4 TION.—The term ‘overstay rate’ 

5 means, for each fiscal year after ini6 tial designation under this section 

7 with respect to a country, the ratio 

8 between— 

9 ‘‘(aa) the number of nation10 als of that country who were ad11 mitted to the United States 

12 under this section or on the basis 

13 of a nonimmigrant visa under 

14 section 101(a)(15)(B) whose pe15 riods of authorized stay ended 

16 during a fiscal year but who re17 mained unlawfully in the United 

18 States beyond such periods; and 

19 ‘‘(bb) the number of nation20 als of that country who were ad21 mitted to the United States 

22 under this section or on the basis 

23 of a nonimmigrant visa under 

24 section 101(a)(15)(B) whose peVerDate Sep 11 2014 23:07 Jun 08, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1507.IS S1507

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1 riods of authorized stay ended 

2 during that fiscal year. 

3 ‘‘(III) COMPUTATION OF OVER4 STAY RATE.—In determining the over5 stay rate for a country, the Secretary 

6 of Homeland Security may utilize in7 formation from any available data8 bases to ensure the accuracy of such 

9 rate. 

10 ‘‘(iii) PROGRAM COUNTRY.—The term 

11 ‘program country’ means a country des12 ignated as a program country under sub13 paragraph (A).’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 Section 217 of the Immigration and Nationality Act (8 

16 U.S.C. 1187), as amended by subsection (a), is further 

17 amended— 

18 (1) by striking ‘‘Attorney General’’ each place 

19 the term appears (except in subsection (c)(11)(B)) 

20 and inserting ‘‘Secretary of Homeland Security’’; 

21 and 

22 (2) in subsection (c)— 

23 (A) in paragraph (2)(C)(iii), by striking 

24 ‘‘Committee on the Judiciary and the Com25 mittee on International Relations of the House 


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1 of Representatives and the Committee on the 

2 Judiciary and the Committee on Foreign Rela3 tions of the Senate’’ and inserting ‘‘appropriate 

4 congressional committees’’; 

5 (B) in paragraph (5)(A)(i)(III), by striking 

6 ‘‘Committee on the Judiciary, the Committee on 

7 Foreign Affairs, and the Committee on Home8 land Security, of the House of Representatives 

9 and the Committee on the Judiciary, the Com10 mittee on Foreign Relations, and the Com11 mittee on Homeland Security and Govern12 mental Affairs of the Senate’’ and inserting 

13 ‘‘appropriate congressional committees’’; and 

14 (C) in paragraph (7), by striking subpara15 graph (E). 

16 (c) DESIGNATION OF PROGRAM COUNTRIES BASED

17 ON OVERSTAY RATES.— 

18 (1) IN GENERAL.—Section 217(c)(2)(A) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1187(c)(2)(A)) is amended to read as follows: 

21 ‘‘(A) GENERAL NUMERICAL LIMITA22 TIONS.— 

23 ‘‘(i) LOW NONIMMIGRANT VISA RE24 FUSAL RATE.—The percentage of nationals 

25 of that country refused nonimmigrant visas 


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1 under section 101(a)(15)(B) during the 

2 previous full fiscal year was not more than 

3 3 percent of the total number of nationals 

4 of that country who were granted or re5 fused nonimmigrant visas under such sec6 tion during such year. 

7 ‘‘(ii) LOW NONIMMIGRANT OVERSTAY

8 RATE.—The overstay rate for that country 

9 was not more than 3 percent during the 

10 previous fiscal year.’’. 

11 (2) QUALIFICATION CRITERIA.—Section 

12 217(c)(3) of such Act (8 U.S.C. 1187(c)(3)) is 

13 amended to read as follows: 

14 ‘‘(3) QUALIFICATION CRITERIA.—After designa15 tion as a program country under section 217(c)(2), 

16 a country may not continue to be designated as a 

17 program country unless the Secretary of Homeland 

18 Security, in consultation with the Secretary of State, 

19 determines, pursuant to the requirements under 

20 paragraph (5), that the designation will be contin21 ued.’’. 

22 (3) INITIAL PERIOD.—Section 217(c) of such 

23 Act (8 U.S.C. 1187(c)), as amended by this section, 

24 is further amended by striking paragraph (4). 


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1 (4) CONTINUING DESIGNATION.—Section 

2 217(c)(5)(A)(i)(II) of such Act (8 U.S.C. 

3 1187(c)(5)(A)(i)(II)) is amended to read as follows: 

4 ‘‘(II) shall determine, 

5 based upon the results of an 

6 evaluation under subclause 

7 (I), whether any such des8 ignation under subsection 

9 (d) or (f), or probation 

10 under subsection (f), ought 

11 to be continued or termi12 nated;’’. 

13 (5) COMPUTATION OF VISA REFUSAL RATES; 

14 JUDICIAL REVIEW.—Section 217(c)(6) of such Act 

15 (8 U.S.C. 1187(c)(6)) is amended to read as follows: 

16 ‘‘(6) COMPUTATION OF VISA REFUSAL RATES

17 AND JUDICIAL REVIEW.— 

18 ‘‘(A) COMPUTATION OF VISA REFUSAL

19 RATES.—For purposes of determining the eligi20 bility of a country to be designated as a pro21 gram country, the calculation of visa refusal 

22 rates shall not include any visa refusals which 

23 incorporate any procedures based on, or are 

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1 less otherwise specifically authorized by law or 

2 regulation. 

3 ‘‘(B) JUDICIAL REVIEW.—No court shall 

4 have jurisdiction under this section to review 

5 any visa refusal, the Secretary of State’s com6 putation of a visa refusal rate, the Secretary of 

7 Homeland Security’s computation of an over8 stay rate, or the designation or nondesignation 

9 of a country as a program country.’’. 

10 (6) VISA WAIVER INFORMATION.—Section 

11 217(c)(7) of such Act (8 U.S.C. 1187(c)(7)) is 

12 amended— 

13 (A) by striking subparagraphs (B), (C), 

14 and (D); and 

15 (B) by striking ‘‘WAIVER INFORMATION.— 

16 ’’ and all that follows through ‘‘In refusing’’ 

17 and inserting ‘‘WAIVER INFORMATION.—In re18 fusing’’. 

19 (7) WAIVER AUTHORITY.—Section 217(c)(8) of 

20 such Act (8 U.S.C. 1187(c)(8)) is amended to read 

21 as follows: 

22 ‘‘(8) WAIVER AUTHORITY.—The Secretary of 

23 Homeland Security, in consultation with the Sec24 retary of State, may waive the application of para25 graph (2)(A)(i) for a country if— 


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1 ‘‘(A) the country meets all other require2 ments of paragraph (2); 

3 ‘‘(B) the Secretary of Homeland Security 

4 determines that the totality of the country’s se5 curity risk mitigation measures provide assur6 ance that the country’s participation in the pro7 gram would not compromise the law enforce8 ment, security interests, or enforcement of the 

9 immigration laws of the United States; 

10 ‘‘(C) there has been a general downward 

11 trend in the percentage of nationals of the 

12 country refused nonimmigrant visas under sec13 tion 101(a)(15)(B); 

14 ‘‘(D) the country consistently cooperated 

15 with the Government of the United States on 

16 counterterrorism initiatives, information shar17 ing, preventing terrorist travel, and extradition 

18 to the United States of individuals (including 

19 the country’s own nationals) who commit 

20 crimes that violate United States law before the 

21 date of its designation as a program country, 

22 and the Secretary of Homeland Security and 

23 the Secretary of State assess that such coopera24 tion is likely to continue; and 


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1 ‘‘(E) the percentage of nationals of the 

2 country refused a nonimmigrant visa under sec3 tion 101(a)(15)(B) during the previous full fis4 cal year was not more than 10 percent of the 

5 total number of nationals of that country who 

6 were granted or refused such nonimmigrant 

7 visas.’’. 

8 (d) TERMINATION OF DESIGNATION; PROBATION.— 

9 Section 217(f) of the Immigration and Nationality Act (8 

10 U.S.C. 1187(f)) is amended to read as follows: 

11 ‘‘(f) TERMINATION OF DESIGNATION; PROBATION.— 

12 ‘‘(1) DEFINITIONS.—In this subsection: 

13 ‘‘(A) PROBATIONARY PERIOD.—The term 

14 ‘probationary period’ means the fiscal year in 

15 which a probationary country is placed in pro16 bationary status under this subsection. 

17 ‘‘(B) PROGRAM COUNTRY.—The term ‘pro18 gram country’ has the meaning given that term 

19 in subsection (c)(1)(B). 

20 ‘‘(2) DETERMINATION, NOTICE, AND INITIAL

21 PROBATIONARY PERIOD.— 

22 ‘‘(A) DETERMINATION OF PROBATIONARY

23 STATUS AND NOTICE OF NONCOMPLIANCE.—As 

24 part of each program country’s periodic evalua25 tion required by subsection (c)(5)(A), the SecVerDate Sep 11 2014 23:07 Jun 08, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1507.IS S1507

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1 retary of Homeland Security shall determine 

2 whether a program country is in compliance 

3 with the program requirements under subpara4 graphs (A)(ii) through (F) of subsection (c)(2). 

5 ‘‘(B) INITIAL PROBATIONARY PERIOD.—If 

6 the Secretary of Homeland Security determines 

7 that a program country is not in compliance 

8 with the program requirements under subpara9 graphs (A)(ii) through (F) of subsection (c)(2), 

10 the Secretary of Homeland Security shall place 

11 the program country in probationary status for 

12 the fiscal year following the fiscal year in which 

13 the periodic evaluation is completed. 

14 ‘‘(3) ACTIONS AT THE END OF THE INITIAL

15 PROBATIONARY PERIOD.—At the end of the initial 

16 probationary period of a country under paragraph 

17 (2)(B), the Secretary of Homeland Security shall 

18 take one of the following actions: 

19 ‘‘(A) COMPLIANCE DURING INITIAL PROBA20 TIONARY PERIOD.—If the Secretary determines 

21 that all instances of noncompliance with the 

22 program requirements under subparagraphs 

23 (A)(ii) through (F) of subsection (c)(2) that 

24 were identified in the latest periodic evaluation 

25 have been remedied by the end of the initial 


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1 probationary period, the Secretary shall end the 

2 country’s probationary period. 

3 ‘‘(B) NONCOMPLIANCE DURING INITIAL

4 PROBATIONARY PERIOD.—If the Secretary de5 termines that any instance of noncompliance 

6 with the program requirements under subpara7 graphs (A)(ii) through (F) of subsection (c)(2) 

8 that were identified in the latest periodic eval9 uation has not been remedied by the end of the 

10 initial probationary period— 

11 ‘‘(i) the Secretary may terminate the 

12 country’s participation in the program; or 

13 ‘‘(ii) on an annual basis, the Secretary 

14 may continue the country’s probationary 

15 status if the Secretary, in consultation 

16 with the Secretary of State, determines 

17 that the country’s continued participation 

18 in the program is in the national interest 

19 of the United States. 

20 ‘‘(4) ACTIONS AT THE END OF ADDITIONAL

21 PROBATIONARY PERIODS.—At the end of all proba22 tionary periods granted to a country pursuant to 

23 paragraph (3)(B)(ii), the Secretary shall take one of 

24 the following actions: 


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1 ‘‘(A) COMPLIANCE DURING ADDITIONAL

2 PERIOD.—The Secretary shall end the country’s 

3 probationary status if the Secretary determines 

4 during the latest periodic evaluation required by 

5 subsection (c)(5)(A) that the country is in com6 pliance with the program requirements under 

7 subparagraphs (A)(ii) through (F) of subsection 

8 (c)(2). 

9 ‘‘(B) NONCOMPLIANCE DURING ADDI10 TIONAL PERIODS.—The Secretary shall termi11 nate the country’s participation in the program 

12 if the Secretary determines during the latest 

13 periodic evaluation required by subsection 

14 (c)(5)(A) that the program country continues to 

15 be in noncompliance with the program require16 ments under subparagraphs (A)(ii) through (F) 

17 of subsection (c)(2). 

18 ‘‘(5) EFFECTIVE DATE.—The termination of a 

19 country’s participation in the program under para20 graph (3)(B) or (4)(B) shall take effect on the first 

21 day of the first fiscal year following the fiscal year 

22 in which the Secretary determines that such partici23 pation shall be terminated. Until such date, nation24 als of the country shall remain eligible for a waiver 

25 under subsection (a). 


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1 ‘‘(6) TREATMENT OF NATIONALS AFTER TERMI2 NATION.—For purposes of this subsection and sub3 section (d)— 

4 ‘‘(A) nationals of a country whose designa5 tion is terminated under paragraph (3) or (4) 

6 shall remain eligible for a waiver under sub7 section (a) until the effective date of such ter8 mination; and 

9 ‘‘(B) a waiver under this section that is 

10 provided to such a national for a period de11 scribed in subsection (a)(1) shall not, by such 

12 termination, be deemed to have been rescinded 

13 or otherwise rendered invalid, if the waiver is 

14 granted prior to such termination. 

15 ‘‘(7) CONSULTATIVE ROLE OF THE SECRETARY

16 OF STATE.—In this subsection, references to sub17 paragraphs (A)(ii) through (F) of subsection (c)(2) 

18 and subsection (c)(5)(A) carry with them the con19 sultative role of the Secretary of State as provided 

20 in those provisions.’’. 

21 (e) REVIEW OF OVERSTAY TRACKING METHOD22 OLOGY.—Not later than 180 days after the date of the 

23 enactment of this Act, the Comptroller General of the 

24 United States shall conduct a review of the methods used 

25 by the Secretary of Homeland Security— 


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1 (1) to track aliens entering and exiting the 

2 United States; and 

3 (2) to detect any such alien who stays longer 

4 than such alien’s period of authorized admission. 

5 (f) EVALUATION OF ELECTRONIC SYSTEM FOR

6 TRAVEL AUTHORIZATION.—Not later than 90 days after 

7 the date of the enactment of this Act, the Secretary of 

8 Homeland Security shall submit to Congress— 

9 (1) an evaluation of the security risks of aliens 

10 who enter the United States without an approved 

11 Electronic System for Travel Authorization 

12 verification; and 

13 (2) a description of any improvements needed 

14 to minimize the number of aliens who enter the 

15 United States without the verification described in 

16 paragraph (1). 

17 (g) SENSE OF CONGRESS ON PRIORITY FOR REVIEW

18 OF PROGRAM COUNTRIES.—It is the sense of Congress 

19 that the Secretary of Homeland Security, in conducting 

20 evaluations of countries participating in the visa waiver 

21 program under section 217 of the Immigration and Na22 tionality Act (8 U.S.C. 1187), as amended by this Act, 

23 should prioritize the reviews of countries in which cirVerDate Sep 11 2014 23:07 Jun 08, 2015 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1507.IS S1507

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1 cumstances indicate that such a review is necessary or de2 sirable. 

Æ 


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