I 
113TH CONGRESS 
1ST SESSION 
H. R. 490 
To amend section 217 of the Immigration and Nationality Act to modify 
the visa waiver program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2013 
Mr. QUIGLEY (for himself, Mr. CHABOT, Mr. SCHNEIDER, Mr. HIGGINS, Ms. 
KAPTUR, Mr. KINZINGER of Illinois, Mr. LIPINSKI, Ms. SCHAKOWSKY, 
Mr. SCHOCK, Mr. SHIMKUS, Mr. GUTIERREZ, Mr. KEATING, Mr. AMASH, 
Mr. HECK of Nevada, Ms. NORTON, Mr. SMITH of Washington, Ms. 
WASSERMAN SCHULTZ, Mrs. CAROLYN B. MALONEY of New York, and 
Mr. FOSTER) introduced the following bill; which was 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Visa Waiver Program 
Enhanced Security and Reform Act’’. 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
SEC. 2. VISA WAIVER PROGRAM ENHANCED SECURITY AND 
REFORM. 
(a) DEFINITIONS.—Section 217(c)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1187(c)(1)) is 
amended to read as follows: 
‘‘(1) AUTHORITY
TO
DESIGNATE; 
DEFINI-
TIONS.— 
‘‘(A) AUTHORITY
TO
DESIGNATE.—The 
Secretary of Homeland Security, in consultation 
with the Secretary of State, may designate any 
country as a program country if that country 
meets the requirements under paragraph (2). 
‘‘(B) DEFINITIONS.—In this subsection: 
‘‘(i) APPROPRIATE
CONGRESSIONAL 
COMMITTEES.—The term ‘appropriate con-
gressional committees’ means— 
‘‘(I) the Committee on Foreign 
Relations, the Committee on Home-
land Security and Governmental Af-
fairs, and the Committee on the Judi-
ciary of the Senate; and 
‘‘(II) the Committee on Foreign 
Affairs, the Committee on Homeland 
Security, and the Committee on the 
Judiciary of the House of Representa-
tives. 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(ii) OVERSTAY RATE.— 
‘‘(I) INITIAL DESIGNATION.—The 
term ‘overstay rate’ means, with re-
spect to a country being considered 
for designation in the program, the 
ratio of— 
‘‘(aa) the number of nation-
als of that country who were ad-
mitted to the United States on 
the basis of a nonimmigrant visa 
under 
section 
101(a)(15)(B) 
whose periods of authorized stay 
ended during a fiscal year but 
who remained unlawfully in the 
United States beyond such peri-
ods; to 
‘‘(bb) the number of nation-
als of that country who were ad-
mitted to the United States on 
the basis of a nonimmigrant visa 
under 
section 
101(a)(15)(B) 
whose periods of authorized stay 
ended during that fiscal year. 
‘‘(II) 
CONTINUING
DESIGNA-
TION.—The 
term 
‘overstay 
rate’ 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
means, for each fiscal year after ini-
tial designation under this section 
with respect to a country, the ratio 
of— 
‘‘(aa) the number of nation-
als of that country who were ad-
mitted to the United States 
under this section or on the basis 
of a nonimmigrant visa under 
section 101(a)(15)(B) whose pe-
riods of authorized stay ended 
during a fiscal year but who re-
mained unlawfully in the United 
States beyond such periods; to 
‘‘(bb) the number of nation-
als of that country who were ad-
mitted to the United States 
under this section or on the basis 
of a nonimmigrant visa under 
section 101(a)(15)(B) whose pe-
riods of authorized stay ended 
during that fiscal year. 
‘‘(III) COMPUTATION
OF
OVER-
STAY RATE.—In determining the over-
stay rate for a country, the Secretary 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
of Homeland Security may utilize in-
formation from any available data-
bases to ensure the accuracy of such 
rate. 
‘‘(iii) PROGRAM COUNTRY.—The term 
‘program country’ means a country des-
ignated as a program country under sub-
paragraph (A).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 217 of the Immigration and Nationality Act (8 
U.S.C. 1187) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
the term appears (except in subsection (c)(11)(B)) 
and inserting ‘‘Secretary of Homeland Security’’; 
and 
(2) in subsection (c)— 
(A) in paragraph (2)(C)(iii), by striking 
‘‘Committee on the Judiciary and the Com-
mittee on International Relations of the House 
of Representatives and the Committee on the 
Judiciary and the Committee on Foreign Rela-
tions of the Senate’’ and inserting ‘‘appropriate 
congressional committees’’; 
(B) in paragraph (5)(A)(i)(III), by striking 
‘‘Committee on the Judiciary, the Committee on 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
Foreign Affairs, and the Committee on Home-
land Security, of the House of Representatives 
and the Committee on the Judiciary, the Com-
mittee on Foreign Relations, and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate’’ and inserting 
‘‘appropriate congressional committees’’; and 
(C) in paragraph (7), by striking subpara-
graph (E). 
(c) DESIGNATION OF PROGRAM COUNTRIES BASED 
ON OVERSTAY RATES.— 
(1) IN GENERAL.—Section 217(c)(2)(A) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1187(c)(2)(A)) is amended to read as follows: 
‘‘(A) 
GENERAL
NUMERICAL
LIMITA-
TIONS.— 
‘‘(i) LOW
NONIMMIGRANT
VISA
RE-
FUSAL RATE.—The percentage of nationals 
of that country refused nonimmigrant visas 
under section 101(a)(15)(B) during the 
previous full fiscal year was not more than 
3 percent of the total number of nationals 
of that country who were granted or re-
fused nonimmigrant visas under such sec-
tion during such year. 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(ii) LOW NONIMMIGRANT OVERSTAY 
RATE.—The overstay rate for that country 
was not more than 3 percent during the 
previous fiscal year.’’. 
(2) 
QUALIFICATION
CRITERIA.—Section 
217(c)(3) of such Act (8 U.S.C. 1187(c)(3)) is 
amended to read as follows: 
‘‘(3) QUALIFICATION CRITERIA.—After designa-
tion as a program country under section 217(c)(2), 
a country may not continue to be designated as a 
program country unless the Secretary of Homeland 
Security, in consultation with the Secretary of State, 
determines, pursuant to the requirements under 
paragraph (5), that the designation will be contin-
ued.’’. 
(3) INITIAL PERIOD.—Section 217(c) of such 
Act is further amended by striking subsection (c)(4). 
(4) 
CONTINUING
DESIGNATION.—Section 
217(c)(5)(A)(i)(II) 
of 
such 
Act 
(8 
U.S.C. 
1187(c)(5)(A)(i)(II)) is amended to read as follows: 
‘‘(II) shall determine, 
based upon the evaluation in 
subclause (I), whether any 
such designation under sub-
section (d) or (f), or proba-
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
tion under subsection (f), 
ought to be continued or ter-
minated;’’. 
(5) COMPUTATION
OF
VISA
REFUSAL
RATES; 
JUDICIAL REVIEW.—Section 217(c)(6) of such Act 
(8 U.S.C. 1187(c)(6)) is amended to read as follows: 
‘‘(6) COMPUTATION OF VISA REFUSAL RATES 
AND JUDICIAL REVIEW.— 
‘‘(A) COMPUTATION
OF
VISA
REFUSAL 
RATES.—For purposes of determining the eligi-
bility of a country to be designated as a pro-
gram country, the calculation of visa refusal 
rates shall not include any visa refusals which 
incorporate any procedures based on, or are 
otherwise based on, race, sex, or disability, un-
less otherwise specifically authorized by law or 
regulation. 
‘‘(B) JUDICIAL REVIEW.—No court shall 
have jurisdiction under this section to review 
any visa refusal, the Secretary of State’s com-
putation of a visa refusal rate, the Secretary of 
Homeland Security’s computation of an over-
stay rate, or the designation or nondesignation 
of a country as a program country.’’. 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
(6) 
VISA
WAIVER
INFORMATION.—Section 
217(c)(7) of such Act (8 U.S.C. 1187(c)(7)) is 
amended— 
(A) by striking subparagraphs (B) through 
(D); and 
(B) by striking ‘‘WAIVER INFORMATION.— 
’’ and all that follows through ‘‘In refusing’’ 
and inserting ‘‘WAIVER INFORMATION.—In re-
fusing’’. 
(7) WAIVER AUTHORITY.—Section 217(c)(8) of 
such Act (8 U.S.C. 1187(c)(8)) is amended to read 
as follows: 
‘‘(8) WAIVER
AUTHORITY.—The Secretary of 
Homeland Security, in consultation with the Sec-
retary of State, may waive the application of para-
graph (2)(A)(i) for a country if— 
‘‘(A) the country meets all other require-
ments of paragraph (2); 
‘‘(B) the Secretary of Homeland Security 
determines that the totality of the country’s se-
curity risk mitigation measures provide assur-
ance that the country’s participation in the pro-
gram would not compromise the law enforce-
ment, security interests, or enforcement of the 
immigration laws of the United States; 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(C) there has been a general downward 
trend in the percentage of nationals of the 
country refused nonimmigrant visas under sec-
tion 101(a)(15)(B); 
‘‘(D) the country consistently cooperated 
with the Government of the United States on 
counterterrorism initiatives, information shar-
ing, preventing terrorist travel, and extradition 
to the United States of individuals (including 
the country’s own nationals) who commit 
crimes that violate United States law before the 
date of its designation as a program country, 
and the Secretary of Homeland Security and 
the Secretary of State assess that such coopera-
tion is likely to continue; and 
‘‘(E) the percentage of nationals of the 
country refused a nonimmigrant visa under sec-
tion 101(a)(15)(B) during the previous full fis-
cal year was not more than 10 percent of the 
total number of nationals of that country who 
were granted or refused such nonimmigrant 
visas.’’. 
(d) TERMINATION OF DESIGNATION; PROBATION.— 
Section 217(f) of the Immigration and Nationality Act (8 
U.S.C. 1187(f)) is amended to read as follows: 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
the program country in probationary status for 
the fiscal year following the fiscal year in which 
the periodic evaluation is completed. 
‘‘(3) ACTIONS AT THE END OF THE INITIAL 
PROBATIONARY PERIOD.—At the end of the initial 
probationary period of a country under paragraph 
(2)(B), the Secretary of Homeland Security shall 
take 1 of the following actions: 
‘‘(A) COMPLIANCE DURING INITIAL PROBA-
TIONARY PERIOD.—If the Secretary determines 
that all instances of noncompliance with the 
program requirements under subparagraphs 
(A)(ii) through (F) of subsection (c)(2) that 
were identified in the latest periodic evaluation 
have been remedied by the end of the initial 
probationary period, the Secretary shall end the 
country’s probationary period. 
‘‘(B) NONCOMPLIANCE
DURING
INITIAL 
PROBATIONARY PERIOD.—If the Secretary de-
termines that any instance of noncompliance 
with the program requirements under subpara-
graphs (A)(ii) through (F) of subsection (c)(2) 
that were identified in the latest periodic eval-
uation has not been remedied by the end of the 
initial probationary period— 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(i) the Secretary may terminate the 
country’s participation in the program; or 
‘‘(ii) on an annual basis, the Secretary 
may continue the country’s probationary 
status if the Secretary, in consultation 
with the Secretary of State, determines 
that the country’s continued participation 
in the program is in the national interest 
of the United States. 
‘‘(4) ACTIONS
AT
THE
END
OF
ADDITIONAL 
PROBATIONARY PERIODS.—At the end of all proba-
tionary periods granted to a country pursuant to 
paragraph (3)(B)(ii), the Secretary shall take 1 of 
the following actions: 
‘‘(A) COMPLIANCE
DURING
ADDITIONAL 
PERIOD.—The Secretary shall end the country’s 
probationary status if the Secretary determines 
during the latest periodic evaluation required by 
subsection (c)(5)(A) that the country is in com-
pliance with the program requirements under 
subparagraphs (A)(ii) through (F) of subsection 
(c)(2). 
‘‘(B) 
NONCOMPLIANCE
DURING
ADDI-
TIONAL PERIODS.—The Secretary shall termi-
nate the country’s participation in the program 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
if the Secretary determines during the latest 
periodic evaluation required by subsection 
(c)(5)(A) that the program country continues to 
be in noncompliance with the program require-
ments under subparagraphs (A)(ii) through (F) 
of subsection (c)(2). 
‘‘(5) EFFECTIVE DATE.—The termination of a 
country’s participation in the program under para-
graph (3)(B) or (4)(B) shall take effect on the first 
day of the first fiscal year following the fiscal year 
in which the Secretary determines that such partici-
pation shall be terminated. Until such date, nation-
als of the country shall remain eligible for a waiver 
under subsection (a). 
‘‘(6) TREATMENT OF NATIONALS AFTER TERMI-
NATION.—For purposes of this subsection and sub-
section (d)— 
‘‘(A) nationals of a country whose designa-
tion is terminated under paragraph (3) or (4) 
shall remain eligible for a waiver under sub-
section (a) until the effective date of such ter-
mination; and 
‘‘(B) a waiver under this section that is 
provided to such a national for a period de-
scribed in subsection (a)(1) shall not, by such 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
termination, be deemed to have been rescinded 
or otherwise rendered invalid, if the waiver is 
granted prior to such termination. 
‘‘(7) CONSULTATIVE ROLE OF THE SECRETARY 
OF STATE.—In this subsection, references to sub-
paragraphs (A)(ii) through (F) of subsection (c)(2) 
and subsection (c)(5)(A) carry with them the con-
sultative role of the Secretary of State as provided 
in those provisions.’’. 
(e) REVIEW
OF OVERSTAY TRACKING METHOD-
OLOGY.—Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General of the 
United States shall conduct a review of the methods used 
by the Secretary of Homeland Security— 
(1) to track aliens entering and exiting the 
United States; and 
(2) to detect any such alien who stays longer 
than such alien’s period of authorized admission. 
(f) EVALUATION
OF
ELECTRONIC
SYSTEM
FOR 
TRAVEL AUTHORIZATION.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall submit to Congress— 
(1) an evaluation of the security risks of aliens 
who enter the United States without an approved 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS
Electronic 
System 
for 
Travel 
Authorization 
verification; and 
(2) a description of any improvements needed 
to minimize the number of aliens who enter the 
United States without the verification described in 
paragraph (1). 
(g) SENSE OF CONGRESS ON PRIORITY FOR REVIEW 
OF PROGRAM COUNTRIES.—It is the sense of Congress 
that the Secretary of Homeland Security, in the process 
of conducting evaluations of countries participating in the 
visa waiver program under section 217 of the Immigration 
and Nationality Act (8 U.S.C. 1187), should prioritize the 
reviews of countries in which circumstances indicate that 
such a review is necessary or desirable. 
Æ 
VerDate Mar 15 2010 
23:33 Feb 11, 2013
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H490.IH
H490
tkelley on DSK3SPTVN1PROD with BILLS