I 

113TH CONGRESS 

2D SESSION H. R. 5434 

To suspend the visa waiver program in order for the Comptroller General 

of the United States to assess the national security risks posed by 

the program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 10, 2014 

Mr. COLLINS of Georgia introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

To suspend the visa waiver program in order for the Comptroller General of the United States to assess the national security risks posed by the 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 Suspension Act of 2014’’. 

6 SEC. 2. SUSPENSION OF VISA WAIVER PROGRAM. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, the visa waiver program established under secVerDate Mar 15 2010 19:40 Sep 11, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5434.IH H5434

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1 tion 217 of the Immigration and Nationality Act (8 U.S.C. 

2 1187) is hereby suspended for 180 days in order for the 

3 Comptroller General of the United States to review the 

4 program for national security risks. 

5 (b) RENEWAL.—Notwithstanding the time period 

6 under subsection (a), the Secretary of Homeland Security 

7 shall not allow the admission of an alien under the visa 

8 waiver program until— 

9 (1) the Comptroller General of the United 

10 States reports on the results of the review described 

11 in section 3; 

12 (2) the Secretary of Homeland Security cer13 tifies that the national security recommendations 

14 from the review are implemented; and 

15 (3) Congress certifies that the national security 

16 recommendations have been met. 

17 SEC. 3. GAO REPORT. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Comptroller General 

20 of the United States shall report to the appropriate con21 gressional committees. 

22 (b) CONTENTS OF REPORT.—The report required 

23 under subsection (a) shall include, at a minimum, a con24 sideration of the following: 


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1 (1) The number of terrorists from each country 

2 admitted under the visa waiver program. 

3 (2) The potential national security risks cur4 rently posed by each country admitted under the 

5 visa waiver program. 

6 (3) The number of persons permitted to travel 

7 without a verified Electronic System for Travel Au8 thorization approval. 

9 (4) The number of persons permitted to travel 

10 with a denied Electronic System for Travel Author11 ization. 

12 (5) Whether terrorist organizations or other 

13 third party groups that pose national security 

14 threats are paying the Electronic System for Travel 

15 Authorization fees for persons entering the United 

16 States through the visa waiver program. 

17 (6) The current visa overstay rate for each 

18 country participating in the visa waiver program. 

19 (7) The impact on the travel industry, if any, 

20 of requiring screening at U.S. consulates for visa 

21 waiver program countries. 

22 (8) The cost and feasibility of implementing the 

23 automated biometric entry-exit control system au24 thorized under section 110 of the Illegal ImmigraVerDate Mar 15 2010 19:40 Sep 11, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5434.IH H5434

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1 tion Reform and Immigrant Responsibility Act of 

2 1996 (8 U.S.C. 1221 note). 

3 SEC. 4. REMOVAL FROM VISA WAIVER PROGRAM. 

4 The Secretary of Homeland Security shall remove 

5 from the visa waiver program any country that— 

6 (1) the General Accountability Office report de7 termines poses a national security threat to the 

8 United States; 

9 (2) exceeds the visa overstay threshold; and 

10 (3) the Secretary determines that continued 

11 participation in the visa waiver program jeopardizes 

12 or could jeopardize national security. 

13 SEC. 5. VISA OVERSTAY WAIVER REPEALED. 

14 The U.S. Citizenship and Immigration Services policy 

15 memorandum dated November 14, 2013, is repealed, 

16 retroactively to November 14, 2013. 

17 SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. 

18 Section 217 of the Immigration and Nationality Act 

19 (8 U.S.C. 1187) is amended by striking ‘‘Attorney Gen20 eral’’ each place the term appears (except in subsection 

21 (c)(11)(B)) and inserting ‘‘Secretary of Homeland Secu22 rity’’. 

Æ 


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