I 

113TH CONGRESS 

2D SESSION H. R. 5470 

To clarify the grounds for ineligibility for travel to the United States regarding terrorism risk, to expand the criteria by which a country may be 

removed from the Visa Waiver Program, to require the Secretary of 

Homeland Security to submit a report on strengthening the Electronic 

System for Travel Authorization to better secure the international borders of the United States and prevent terrorists and instruments of 

terrorism from entering the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2014 

Mrs. MILLER of Michigan (for herself, Ms. JACKSON LEE, Mr. MCCAUL, Mr. 

THOMPSON of Mississippi, Mr. HUDSON, Mr. BARBER, and Ms. CLARKE

of New York) introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To clarify the grounds for ineligibility for travel to the 

United States regarding terrorism risk, to expand the 

criteria by which a country may be removed from the 

Visa Waiver Program, to require the Secretary of Homeland Security to submit a report on strengthening the 

Electronic System for Travel Authorization to better secure the international borders of the United States and 

prevent terrorists and instruments of terrorism from entering the United States, and for other purposes. 


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•HR 5470 IH

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 Improvement Act of 2014’’. 

6 SEC. 2. GROUNDS FOR INELIGIBILITY FOR TRAVEL TO THE 

7 UNITED STATES; REPORTS ON LAW ENFORCE8 MENT AND SECURITY INTERESTS; CON9 TINUING QUALIFICATION AND DESIGNATION 

10 TERMINATIONS; REPORT ON STRENGTH11 ENING THE ELECTRONIC SYSTEM FOR TRAV12 EL AUTHORIZATION. 

13 (a) GROUNDS FOR INELIGIBILITY FOR TRAVEL TO

14 THE UNITED STATES; PERIOD OF VALIDITY.—Section 

15 217 of the Immigration and Nationality Act (8 U.S.C. 

16 1187) is amended— 

17 (1) in subsection (a)(11), by inserting ‘‘, includ18 ing terrorism risk,’’ after ‘‘security risk’’; and 

19 (2) in subsection (h)(3)— 

20 (A) in subparagraph (A), by inserting ‘‘, 

21 including terrorism risk,’’ after ‘‘security risk’’; 

22 (B) in subparagraph (C), in the second 

23 sentence, by inserting before the period at the 

24 end the following: ‘‘, or, if the Secretary deterVerDate Sep 11 2014 21:55 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5470.IH H5470

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1 mines that such is appropriate, may limit such 

2 period of eligibility’’; and 

3 (C) by adding at the end the following new 

4 subparagraph: 

5 ‘‘(E) ADDITIONAL REPORTS.— 

6 ‘‘(i) REPORTS ON CERTAIN LIMITA7 TIONS ON TRAVEL.—Not later than 30 

8 days after the date of the enactment of 

9 this subparagraph and annually thereafter, 

10 the Secretary of Homeland Security, in 

11 consultation with the Secretary of State, 

12 shall submit to the Committee on Home13 land Security and the Committee on the 

14 Judiciary of the House of Representatives 

15 and the Committee on Homeland Security 

16 and Governmental Affairs and the Com17 mittee on the Judiciary of the Senate a re18 port on the number of individuals, identi19 fied by their countries of citizenship or na20 tionality, who were denied eligibility to 

21 travel under the System or whose eligibility 

22 for such travel was revoked during the pre23 vious year if such individual was deter24 mined, in accordance with subsection 


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1 (a)(6), to represent a threat to the security 

2 of the United States. 

3 ‘‘(ii) REPORTS ON CERTAIN THREAT

4 ASSESSMENTS.—Beginning with the first 

5 report under clause (i) of subsection 

6 (c)(5)(A) that is submitted after the date 

7 of the enactment of this subparagraph and 

8 periodically thereafter (together with sub9 sequent reports submitted under such 

10 clause (i)), the Secretary of Homeland Se11 curity, in consultation with the Director of 

12 National Intelligence, shall submit to the 

13 Committee on Homeland Security and the 

14 Committee on the Judiciary of the House 

15 of Representatives and the Committee on 

16 Homeland Security and Governmental Af17 fairs and the Committee on the Judiciary 

18 of the Senate a report that contains a 

19 threat assessment regarding the compli20 ance of foreign governments with the 

21 agreements described in subparagraphs 

22 (D) and (F) of subsection (c)(2).’’. 

23 (b) REPORTS ON LAW ENFORCEMENT AND SECURITY

24 INTERESTS; CONTINUING QUALIFICATION AND DESIGNA25 TION TERMINATIONS.—Subsection (c) of section 217 of 


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1 the Immigration and Nationality Act (8 U.S.C. 1187) is 

2 amended— 

3 (1) in paragraph (2)(C)(iii)— 

4 (A) by striking ‘‘and the Committee on 

5 International Relations’’ and inserting ‘‘, the 

6 Committee on Foreign Affairs, and the Com7 mittee on Homeland Security’’; and 

8 (B) by striking ‘‘and the Committee on 

9 Foreign Relations’’ and inserting ‘‘, the Com10 mittee on Foreign Relations, and the Com11 mittee on Homeland Security and Govern12 mental Affairs’’; and 

13 (2) in paragraph (5)— 

14 (A) in subparagraph (A)(i)— 

15 (i) in subclause (III), by striking 

16 ‘‘and’’ at the end; 

17 (ii) in subclause (IV), by striking the 

18 period at the end and inserting ‘‘; and’’; 

19 and 

20 (iii) by adding after subclause (IV) 

21 the following new subclause: 

22 ‘‘(V) shall submit to Congress a 

23 report regarding the security param24 eters described in paragraph (9).’’; 

25 and 


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1 (B) in subparagraph (B), by adding at the 

2 end the following new clause: 

3 ‘‘(v) ADDITIONAL PROGRAM SUSPEN4 SION AUTHORITY.—If the Secretary of 

5 Homeland Security, in consultation with 

6 the Secretary of State, determines that a 

7 country participating in the visa waiver 

8 program has failed to comply with an 

9 agreement under subparagraph (F) of 

10 paragraph (2), the Secretary of Homeland 

11 Security— 

12 ‘‘(I) may suspend a country from 

13 the visa waiver program without prior 

14 notice; 

15 ‘‘(II) shall notify any country 

16 suspended under subclause (I) and 

17 provide justification for the suspen18 sion; and 

19 ‘‘(III) shall restore the suspended 

20 country’s participation in the visa 

21 waiver program upon a determination 

22 that the country is in compliance with 

23 the agreement at issue.’’. 

24 (c) REPORT ON STRENGTHENING THE ELECTRONIC

25 SYSTEM FOR TRAVEL AUTHORIZATION.—Not later than 


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1 30 days after the date of the enactment of this Act, the 

2 Secretary of Homeland Security, in consultation with the 

3 Secretary of State, shall submit to the Committee on 

4 Homeland Security, the Committee on the Judiciary, and 

5 the Committee on Foreign Affairs of the House of Rep6 resentatives and the Committee on Homeland Security 

7 and Governmental Affairs, the Committee on the Judici8 ary, and the Committee on Foreign Relations of the Sen9 ate a report on steps to strengthen the automated elec10 tronic travel authorization system (commonly referred to 

11 as the ‘‘Electronic System for Travel Authorization’’) 

12 under paragraph (3) of section 217(h) of the Immigration 

13 and Nationality Act (8 U.S.C. 1187(h)) to better secure 

14 the international borders of the United States and prevent 

15 terrorists and instruments of terrorism from entering the 

16 United States. 

17 (d) TIME FOR REPORT.—The first report required 

18 under subclause (V) of section 217(c)(5)(A)(i) of the Im19 migration and Nationality Act (as added by subsection 

20 (b)(2)(A)(iii) of this section) shall be submitted at the 

21 same time the next report required under subclause (IV) 

22 of such section 217(c)(5)(A)(i) is submitted after the date 

23 of the enactment of this Act. 

Æ 


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