I 

110TH CONGRESS 

1ST SESSION H. R. 1543 

To expand visa waiver program to countries on a probationary basis, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2007 

Mr. EMANUEL (for himself, Mr. SHIMKUS, Mr. WEXLER, and Ms. BERKLEY) 

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 expand visa waiver program to countries on a 

probationary basis, 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 Mod5 ernization Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 


rwilkins on PROD1PC63 with BILLS
2 

•HR 1543 IH

1 (1) the United States should modernize the visa 

2 waiver program by simultaneously— 

3 (A) enhancing program security require4 ments; and 

5 (B) extending visa-free travel privileges to 

6 nationals of foreign countries that are allies in 

7 the war on terrorism; and 

8 (2) the expansion described in paragraph (1) 

9 will— 

10 (A) enhance bilateral cooperation on crit11 ical counterterrorism and information sharing 

12 initiatives; 

13 (B) support and expand tourism and busi14 ness opportunities to enhance long-term eco15 nomic competitiveness; and 

16 (C) strengthen bilateral relationships. 

17 SEC. 3. DISCRETIONARY VISA WAIVER PROGRAM EXPAN18 SION. 

19 Section 217(c) of the Immigration and Nationality 

20 Act (8 U.S.C. 1187(c)) is amended by adding at the end 

21 the following: 

22 ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE

23 FLEXIBILITY.— 

24 ‘‘(A) CERTIFICATION.—On the date on 

25 which an air exit system is in place that can 


rwilkins on PROD1PC63 with BILLS
3 

•HR 1543 IH

1 verify the departure of not less than 97 percent 

2 of foreign nationals that exit through airports 

3 of the United States, the Secretary of Home4 land Security shall certify to Congress that 

5 such air exit system is in place. 

6 ‘‘(B) WAIVER.—After certification by the 

7 Secretary under subparagraph (A), the Sec8 retary of Homeland Security, in consultation 

9 with the Secretary of State, may waive the ap10 plication of paragraph (2)(A) for a country if— 

11 ‘‘(i) the country meets all existing se12 curity requirements and enhanced security 

13 requirements described in section 4 of the 

14 Secure Travel and Counterterrorism Part15 nership Act; 

16 ‘‘(ii) the Secretary of Homeland Secu17 rity determines that the totality of the 

18 country’s security risk mitigation measures 

19 provide assurance that the country’s par20 ticipation in the program would not com21 promise the law enforcement, security in22 terests, or enforcement of the immigration 

23 laws of the United States; 

24 ‘‘(iii) there has been a sustained re25 duction in visa refusal rates for aliens from 


rwilkins on PROD1PC63 with BILLS
4 

•HR 1543 IH

1 the country and conditions exist to con2 tinue such reduction; and 

3 ‘‘(iv) the country cooperated with the 

4 Government of the United States on 

5 counterterrorism initiatives and informa6 tion sharing before the date of its designa7 tion as a program country, and the Sec8 retary of Homeland Security and the Sec9 retary of State expect such cooperation will 

10 continue. 

11 ‘‘(9) DISCRETIONARY SECURITY-RELATED CON12 SIDERATIONS.— 

13 ‘‘(A) IN GENERAL.—In determining wheth14 er to waive the application of paragraph (2)(A) 

15 for a country, pursuant to paragraph (8), the 

16 Secretary of Homeland Security, in consultation 

17 with the Secretary of State, shall take into con18 sideration other factors affecting the security of 

19 the United States, including— 

20 ‘‘(i) airport security standards in the 

21 country; 

22 ‘‘(ii) whether the country assists in 

23 the operation of an effective air marshal 

24 program; 


rwilkins on PROD1PC63 with BILLS
5 

•HR 1543 IH

1 ‘‘(iii) the standards of passports and 

2 travel documents issued by the country; 

3 and 

4 ‘‘(iv) other security-related factors. 

5 ‘‘(B) OVERSTAY RATES.—In determining 

6 whether to permit a country to participate in 

7 the program, the Secretary of Homeland Secu8 rity shall consider the estimated rate at which’’. 

9 SEC. 4. SECURITY ENHANCEMENTS TO THE VISA WAIVER 

10 PROGRAM. 

11 (a) IN GENERAL.—Section 217 of the Immigration 

12 and Nationality Act (8 U.S.C. 1187) is amended— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘Operators of aircraft’’ and 

15 inserting the following: 

16 ‘‘(10) ELECTRONIC TRANSMISSION OF IDENTI17 FICATION INFORMATION.—Operators of aircraft’’; 

18 and 

19 (B) by adding at the end the following: 

20 ‘‘(11) ELIGIBILITY DETERMINATION UNDER

21 THE ELECTRONIC TRAVEL AUTHORIZATION SYS22 TEM.—Beginning on the date on which the elec23 tronic travel authorization system developed under 

24 subsection (h)(3) is fully operational, each alien 

25 traveling under the program shall, before applying 


rwilkins on PROD1PC63 with BILLS
6 

•HR 1543 IH

1 for admission, electronically provide basic biographi2 cal information to the system. Upon review of such 

3 biographical information, the Secretary of Homeland 

4 Security shall determine whether the alien is eligible 

5 to travel to the United States under the program.’’; 

6 (2) in subsection (c), as amended by section 3 

7 of this Act— 

8 (A) in paragraph (2)— 

9 (i) by amending subparagraph (D) to 

10 read as follows: 

11 ‘‘(D) REPORTING LOST AND STOLEN PASS12 PORTS.—The government of the country enters 

13 into an agreement with the United States to re14 port, or make available through Interpol, to the 

15 United States Government information about 

16 the theft or loss of passports within a strict 

17 time limit and in a manner specified in the 

18 agreement.’’; and 

19 (ii) by adding at the end the fol20 lowing: 

21 ‘‘(E) REPATRIATION OF ALIENS.—The 

22 government of the country accepts for repatri23 ation any citizen, former citizen, or national 

24 against whom a final executable order of re25 moval is issued not later than 3 weeks after the 


rwilkins on PROD1PC63 with BILLS
7 

•HR 1543 IH

1 issuance of the final order of removal. Nothing 

2 in this subparagraph creates any duty for the 

3 United States or any right for any alien with 

4 respect to removal or release. Nothing in this 

5 subparagraph gives rise to any cause of action 

6 or claim under this paragraph or any other law 

7 against any official of the United States or of 

8 any State to compel the release, removal, or 

9 consideration for release or removal of any 

10 alien. 

11 ‘‘(F) PASSENGER INFORMATION EX12 CHANGE.—The government of the country en13 ters into an agreement with the United States 

14 to share information regarding whether nation15 als of that country traveling to the United 

16 States represent a threat to the security or wel17 fare of the United States or its citizens.’’;. 

18 (B) in paragraph (5)— 

19 (i) by striking ‘‘Attorney General’’ 

20 each place it appears and inserting ‘‘Sec21 retary of Homeland Security’’; and 

22 (ii) in subparagraph (A)(i)— 

23 (I) in subclause (II), by striking 

24 ‘‘and’’ at the end; 


rwilkins on PROD1PC63 with BILLS
8 

•HR 1543 IH

1 (II) in subclause (III), by strik2 ing the period at the end and insert3 ing ‘‘; and’’; and 

4 (III) by adding at the end the 

5 following: 

6 ‘‘(IV) shall submit to Congress a 

7 report regarding the implementation 

8 of the electronic travel authorization 

9 system under subsection (h)(3) and 

10 the participation of new countries in 

11 the program through a waiver under 

12 paragraph (8).’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(10) TECHNICAL ASSISTANCE.—The Secretary 

15 of Homeland Security, in consultation with the Sec16 retary of State, shall provide technical assistance to 

17 program countries to assist those countries in meet18 ing the requirements under this section.’’; 

19 (3) in subsection (f)(5), by striking ‘‘of blank’’ 

20 and inserting ‘‘or loss of’’; and 

21 (4) in subsection (h), by adding at the end the 

22 following: 

23 ‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION

24 SYSTEM.— 


rwilkins on PROD1PC63 with BILLS
9 

•HR 1543 IH

1 ‘‘(A) SYSTEM.—The Secretary of Home2 land Security, in consultation with the Sec3 retary of State, is authorized to develop and im4 plement a fully automated electronic travel au5 thorization system (referred to in this para6 graph as the ‘System’) to collect such basic bio7 graphical information as the Secretary of 

8 Homeland Security determines to be necessary 

9 to determine, in advance of travel, the eligibility 

10 of an alien to travel to the United States under 

11 the program. 

12 ‘‘(B) FEES.—The Secretary of Homeland 

13 Security may charge a fee for the use of the 

14 System, which shall be— 

15 ‘‘(i) set at a level that will ensure re16 covery of the full costs of providing and 

17 administering the System; and 

18 ‘‘(ii) available to pay the costs in19 curred to administer the System. 

20 ‘‘(C) VALIDITY.— 

21 ‘‘(i) PERIOD.—The Secretary of 

22 Homeland Security, in consultation with 

23 the Secretary of State shall prescribe regu24 lations that provide for a period, not to ex25 ceed 3 years, during which a determination 


rwilkins on PROD1PC63 with BILLS
10 

•HR 1543 IH

1 of eligibility to travel under the program 

2 will be valid. Notwithstanding any other 

3 provision under this section, the Secretary 

4 of Homeland Security may revoke any 

5 such determination at any time and for 

6 any reason. 

7 ‘‘(ii) LIMITATION.—A determination 

8 that an alien is eligible to travel to the 

9 United States under the program is not a 

10 determination that the alien is admissible 

11 to the United States. 

12 ‘‘(iii) JUDICIAL REVIEW.—Notwith13 standing any other provision of law, no 

14 court shall have jurisdiction to review an 

15 eligibility determination under the System. 

16 ‘‘(D) REPORT.—Not later than 60 days 

17 before publishing notice regarding the imple18 mentation of the System in the Federal Reg19 ister, the Secretary of Homeland Security shall 

20 submit a report regarding the implementation 

21 of the System to— 

22 ‘‘(i) the Committee on Homeland Se23 curity and Governmental Affairs of the 

24 Senate; 


rwilkins on PROD1PC63 with BILLS
11 

•HR 1543 IH

1 ‘‘(ii) the Committee on the Judiciary 

2 of the Senate; 

3 ‘‘(iii) the Select Committee on Intel4 ligence of the Senate; 

5 ‘‘(iv) the Committee on Appropria6 tions of the Senate; 

7 ‘‘(v) the Committee on Homeland Se8 curity of the House of Representatives; 

9 ‘‘(vi) the Committee on the Judiciary 

10 of the House of Representatives; 

11 ‘‘(vii) the Permanent Select Com12 mittee on Intelligence of the House of Rep13 resentatives; and 

14 ‘‘(viii) the Committee on Appropria15 tions of the House of Representatives.’’. 

16 (b) EFFECTIVE DATE.—Section 217(a)(11) of the 

17 Immigration and Nationality Act, as added by subsection 

18 (a)(1)(B) shall take effect on the date which is 60 days 

19 after the date on which the Secretary of Homeland Secu20 rity publishes notice in the Federal Register of the re21 quirement of such paragraph. 

22 SEC. 5. EXIT SYSTEM. 

23 (a) IN GENERAL.—Not later than 1 year after the 

24 date of the enactment of this Act, the Secretary of Home25 land Security shall establish an exit system that records 


rwilkins on PROD1PC63 with BILLS
12 

•HR 1543 IH

1 the departure on a flight leaving the United States of 

2 every alien participating in the visa waiver program estab3 lished under section 217 of the Immigration and Nation4 ality Act (8 U.S.C. 1187). 

5 (b) SYSTEM REQUIREMENTS.—The system estab6 lished under subsection (a) shall— 

7 (1) match biometric information of the alien 

8 against relevant watch lists and immigration infor9 mation; and 

10 (2) compare such biometric information against 

11 manifest information collected by air carriers on pas12 sengers departing the United States to confirm such 

13 individuals have departed the United States. 

14 (c) REPORT.—Not later than 180 days after the date 

15 of the enactment of this Act, the Secretary shall submit 

16 a report to Congress that describes— 

17 (1) the progress made in developing and deploy18 ing the exit system established under this section; 

19 and 

20 (2) the procedures by which the Secretary will 

21 improve the manner of calculating the rates of non22 immigrants who violate the terms of their visas by 

23 remaining in the United States after the expiration 

24 of such visas. 


rwilkins on PROD1PC63 with BILLS
13 

•HR 1543 IH

1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this Act, and the amend4 ments made by this Act. 

Æ 


rwilkins on PROD1PC63 with BILLS