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 com-
mittee concerned 
A BILL 
To expand visa waiver program to countries on a 
probationary basis, 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 Mod-
ernization Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
(1) the United States should modernize the visa 
waiver program by simultaneously— 
(A) enhancing program security require-
ments; and 
(B) extending visa-free travel privileges to 
nationals of foreign countries that are allies in 
the war on terrorism; and 
(2) the expansion described in paragraph (1) 
will— 
(A) enhance bilateral cooperation on crit-
ical counterterrorism and information sharing 
initiatives; 
(B) support and expand tourism and busi-
ness opportunities to enhance long-term eco-
nomic competitiveness; and 
(C) strengthen bilateral relationships. 
SEC. 3. DISCRETIONARY VISA WAIVER PROGRAM EXPAN-
SION. 
Section 217(c) of the Immigration and Nationality 
Act (8 U.S.C. 1187(c)) is amended by adding at the end 
the following: 
‘‘(8) NONIMMIGRANT
VISA
REFUSAL
RATE 
FLEXIBILITY.— 
‘‘(A) CERTIFICATION.—On the date on 
which an air exit system is in place that can 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
verify the departure of not less than 97 percent 
of foreign nationals that exit through airports 
of the United States, the Secretary of Home-
land Security shall certify to Congress that 
such air exit system is in place. 
‘‘(B) WAIVER.—After certification by the 
Secretary under subparagraph (A), the Sec-
retary of Homeland Security, in consultation 
with the Secretary of State, may waive the ap-
plication of paragraph (2)(A) for a country if— 
‘‘(i) the country meets all existing se-
curity requirements and enhanced security 
requirements described in section 4 of the 
Secure Travel and Counterterrorism Part-
nership Act; 
‘‘(ii) the Secretary of Homeland Secu-
rity determines that the totality of the 
country’s security risk mitigation measures 
provide assurance that the country’s par-
ticipation in the program would not com-
promise the law enforcement, security in-
terests, or enforcement of the immigration 
laws of the United States; 
‘‘(iii) there has been a sustained re-
duction in visa refusal rates for aliens from 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
the country and conditions exist to con-
tinue such reduction; and 
‘‘(iv) the country cooperated with the 
Government of the United States on 
counterterrorism initiatives and informa-
tion sharing before the date of its designa-
tion as a program country, and the Sec-
retary of Homeland Security and the Sec-
retary of State expect such cooperation will 
continue. 
‘‘(9) DISCRETIONARY SECURITY-RELATED CON-
SIDERATIONS.— 
‘‘(A) IN GENERAL.—In determining wheth-
er to waive the application of paragraph (2)(A) 
for a country, pursuant to paragraph (8), the 
Secretary of Homeland Security, in consultation 
with the Secretary of State, shall take into con-
sideration other factors affecting the security of 
the United States, including— 
‘‘(i) airport security standards in the 
country; 
‘‘(ii) whether the country assists in 
the operation of an effective air marshal 
program; 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
‘‘(iii) the standards of passports and 
travel documents issued by the country; 
and 
‘‘(iv) other security-related factors. 
‘‘(B) OVERSTAY
RATES.—In determining 
whether to permit a country to participate in 
the program, the Secretary of Homeland Secu-
rity shall consider the estimated rate at which’’. 
SEC. 4. SECURITY ENHANCEMENTS TO THE VISA WAIVER 
PROGRAM. 
(a) IN GENERAL.—Section 217 of the Immigration 
and Nationality Act (8 U.S.C. 1187) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Operators of aircraft’’ and 
inserting the following: 
‘‘(10) ELECTRONIC TRANSMISSION OF IDENTI-
FICATION
INFORMATION.—Operators of aircraft’’; 
and 
(B) by adding at the end the following: 
‘‘(11) ELIGIBILITY
DETERMINATION
UNDER 
THE
ELECTRONIC
TRAVEL
AUTHORIZATION
SYS-
TEM.—Beginning on the date on which the elec-
tronic travel authorization system developed under 
subsection (h)(3) is fully operational, each alien 
traveling under the program shall, before applying 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
for admission, electronically provide basic biographi-
cal information to the system. Upon review of such 
biographical information, the Secretary of Homeland 
Security shall determine whether the alien is eligible 
to travel to the United States under the program.’’; 
(2) in subsection (c), as amended by section 3 
of this Act— 
(A) in paragraph (2)— 
(i) by amending subparagraph (D) to 
read as follows: 
‘‘(D) REPORTING LOST AND STOLEN PASS-
PORTS.—The government of the country enters 
into an agreement with the United States to re-
port, or make available through Interpol, to the 
United States Government information about 
the theft or loss of passports within a strict 
time limit and in a manner specified in the 
agreement.’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(E) REPATRIATION
OF
ALIENS.—The 
government of the country accepts for repatri-
ation any citizen, former citizen, or national 
against whom a final executable order of re-
moval is issued not later than 3 weeks after the 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
issuance of the final order of removal. Nothing 
in this subparagraph creates any duty for the 
United States or any right for any alien with 
respect to removal or release. Nothing in this 
subparagraph gives rise to any cause of action 
or claim under this paragraph or any other law 
against any official of the United States or of 
any State to compel the release, removal, or 
consideration for release or removal of any 
alien. 
‘‘(F) 
PASSENGER
INFORMATION
EX-
CHANGE.—The government of the country en-
ters into an agreement with the United States 
to share information regarding whether nation-
als of that country traveling to the United 
States represent a threat to the security or wel-
fare of the United States or its citizens.’’;. 
(B) in paragraph (5)— 
(i) by striking ‘‘Attorney General’’ 
each place it appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subparagraph (A)(i)— 
(I) in subclause (II), by striking 
‘‘and’’ at the end; 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
(II) in subclause (III), by strik-
ing the period at the end and insert-
ing ‘‘; and’’; and 
(III) by adding at the end the 
following: 
‘‘(IV) shall submit to Congress a 
report regarding the implementation 
of the electronic travel authorization 
system under subsection (h)(3) and 
the participation of new countries in 
the program through a waiver under 
paragraph (8).’’; and 
(C) by adding at the end the following: 
‘‘(10) TECHNICAL ASSISTANCE.—The Secretary 
of Homeland Security, in consultation with the Sec-
retary of State, shall provide technical assistance to 
program countries to assist those countries in meet-
ing the requirements under this section.’’; 
(3) in subsection (f)(5), by striking ‘‘of blank’’ 
and inserting ‘‘or loss of’’; and 
(4) in subsection (h), by adding at the end the 
following: 
‘‘(3) ELECTRONIC
TRAVEL
AUTHORIZATION 
SYSTEM.— 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
‘‘(A) SYSTEM.—The Secretary of Home-
land Security, in consultation with the Sec-
retary of State, is authorized to develop and im-
plement a fully automated electronic travel au-
thorization system (referred to in this para-
graph as the ‘System’) to collect such basic bio-
graphical information as the Secretary of 
Homeland Security determines to be necessary 
to determine, in advance of travel, the eligibility 
of an alien to travel to the United States under 
the program. 
‘‘(B) FEES.—The Secretary of Homeland 
Security may charge a fee for the use of the 
System, which shall be— 
‘‘(i) set at a level that will ensure re-
covery of the full costs of providing and 
administering the System; and 
‘‘(ii) available to pay the costs in-
curred to administer the System. 
‘‘(C) VALIDITY.— 
‘‘(i) 
PERIOD.—The 
Secretary 
of 
Homeland Security, in consultation with 
the Secretary of State shall prescribe regu-
lations that provide for a period, not to ex-
ceed 3 years, during which a determination 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
of eligibility to travel under the program 
will be valid. Notwithstanding any other 
provision under this section, the Secretary 
of Homeland Security may revoke any 
such determination at any time and for 
any reason. 
‘‘(ii) LIMITATION.—A determination 
that an alien is eligible to travel to the 
United States under the program is not a 
determination that the alien is admissible 
to the United States. 
‘‘(iii) JUDICIAL
REVIEW.—Notwith-
standing any other provision of law, no 
court shall have jurisdiction to review an 
eligibility determination under the System. 
‘‘(D) REPORT.—Not later than 60 days 
before publishing notice regarding the imple-
mentation of the System in the Federal Reg-
ister, the Secretary of Homeland Security shall 
submit a report regarding the implementation 
of the System to— 
‘‘(i) the Committee on Homeland Se-
curity and Governmental Affairs of the 
Senate; 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
‘‘(ii) the Committee on the Judiciary 
of the Senate; 
‘‘(iii) the Select Committee on Intel-
ligence of the Senate; 
‘‘(iv) the Committee on Appropria-
tions of the Senate; 
‘‘(v) the Committee on Homeland Se-
curity of the House of Representatives; 
‘‘(vi) the Committee on the Judiciary 
of the House of Representatives; 
‘‘(vii) the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives; and 
‘‘(viii) the Committee on Appropria-
tions of the House of Representatives.’’. 
(b) EFFECTIVE DATE.—Section 217(a)(11) of the 
Immigration and Nationality Act, as added by subsection 
(a)(1)(B) shall take effect on the date which is 60 days 
after the date on which the Secretary of Homeland Secu-
rity publishes notice in the Federal Register of the re-
quirement of such paragraph. 
SEC. 5. EXIT SYSTEM. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall establish an exit system that records 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
the departure on a flight leaving the United States of 
every alien participating in the visa waiver program estab-
lished under section 217 of the Immigration and Nation-
ality Act (8 U.S.C. 1187). 
(b) SYSTEM REQUIREMENTS.—The system estab-
lished under subsection (a) shall— 
(1) match biometric information of the alien 
against relevant watch lists and immigration infor-
mation; and 
(2) compare such biometric information against 
manifest information collected by air carriers on pas-
sengers departing the United States to confirm such 
individuals have departed the United States. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
a report to Congress that describes— 
(1) the progress made in developing and deploy-
ing the exit system established under this section; 
and 
(2) the procedures by which the Secretary will 
improve the manner of calculating the rates of non-
immigrants who violate the terms of their visas by 
remaining in the United States after the expiration 
of such visas. 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act, and the amend-
ments made by this Act. 
Æ 
VerDate Aug 31 2005 
18:10 Mar 16, 2007
Jkt 059196
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H1543.IH
H1543
rwilkins on PROD1PC63 with BILLS