I 
112TH CONGRESS 
2D SESSION 
H. R. 3855 
To amend the Immigration and Nationality Act to modify the requirements 
of the visa waiver program and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 31, 2012 
Mr. QUIGLEY (for himself, Mr. BURTON of Indiana, Mr. CHABOT, Ms. ROS- 
LEHTINEN, Mr. DIAZ-BALART, Mr. DOLD, Mr. GRIMM, Mr. KINZINGER 
of Illinois, Mr. RIVERA, Mr. SHIMKUS, Mr. HIGGINS, Ms. KAPTUR, Mr. 
LIPINSKI, Mr. MURPHY of Connecticut, Ms. SCHAKOWSKY, and Mr. 
MEEKS) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to modify 
the requirements of 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’’. 
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SEC. 2. DEFINITIONS. 
(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. 
‘‘(ii) OVERSTAY RATE.— 
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‘‘(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’ 
means, for each fiscal year after ini-
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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 
of Homeland Security may utilize in-
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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 as follows: 
(1) by striking ‘‘Attorney General’’ each place 
the term appears and inserting ‘‘Secretary of Home-
land Security’’, except in subsection (c)(11)(B); 
(2) in subsection (c)(2)(C)(iii), by striking 
‘‘Committee on the Judiciary and the Committee on 
International Relations of the House of Representa-
tives and the Committee on the Judiciary and the 
Committee on Foreign Relations of the Senate’’ and 
inserting ‘‘appropriate congressional committees’’; 
(3) in subsection (c)(5)(A)(i)(III), by striking 
‘‘Committee on the Judiciary, the Committee on 
Foreign Affairs, and the Committee on Homeland 
Security, of the House of Representatives and the 
Committee on the Judiciary, the Committee on For-
eign Relations, and the Committee on Homeland Se-
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curity and Governmental Affairs of the Senate’’ and 
inserting ‘‘appropriate congressional committees’’; 
and 
(4) by striking subsection (c)(7)(E). 
SEC. 3. DESIGNATION OF PROGRAM COUNTRIES BASED ON 
OVERSTAY RATES. 
(a) IN GENERAL.—Section 217(c)(2)(A) of the Immi-
gration 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. 
‘‘(ii) LOW NONIMMIGRANT OVERSTAY 
RATE.—The overstay rate for that country 
was not more than 3 percent during the 
previous fiscal year.’’. 
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(b) QUALIFICATION CRITERIA.—Section 217(c)(3) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1187(c)(3)) is amended to read as follows: 
‘‘(3) QUALIFICATION CRITERIA.—After the ini-
tial period, a country may not be designated as a 
program country unless the Secretary of Homeland 
Security, in consultation with the Secretary of State, 
determines, pursuant to the requirements of para-
graph (5), that designation will be continued.’’. 
(c) 
CONTINUING
DESIGNATION.—Section 
217(c)(5)(A)(i)(II) of the Immigration and Nationality 
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), wheth-
er any such designation under sub-
section (d) or (f), or probation under 
subsection (f), ought to be continued 
or terminated;’’. 
(d) COMPUTATION OF VISA REFUSAL RATES; JUDI-
CIAL REVIEW.—Section 217(c)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1187(c)(6)) is amended to read 
as follows: 
‘‘(6) COMPUTATION OF VISA REFUSAL RATES 
AND JUDICIAL REVIEW.— 
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‘‘(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.’’. 
(e) VISA WAIVER INFORMATION.—Section 217(c)(7) 
of the Immigration and Nationality Act (8 U.S.C. 
1187(c)(7)) is amended— 
(1) by striking subparagraphs (B) through (E); 
and 
(2) by striking ‘‘WAIVER INFORMATION—’’ and 
all that follows through ‘‘In refusing’’ and inserting 
‘‘WAIVER INFORMATION—In refusing’’. 
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(f) WAIVER AUTHORITY.—Section 217(c)(8) of the 
Immigration and Nationality 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; 
‘‘(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 
of the country’s nationals to the United States 
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before the date of its designation as a program 
country, and the Secretary of Homeland Secu-
rity and the Secretary of State assess that such 
cooperation 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.’’. 
SEC. 4. 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: 
‘‘(f) TERMINATION OF DESIGNATION; PROBATION.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) PROBATIONARY PERIOD.—The term 
‘probationary period’ means the fiscal year in 
which a probationary country is placed in pro-
bationary status under this subsection. 
‘‘(B) PROGRAM COUNTRY.—The term ‘pro-
gram country’ has the meaning given that term 
in subsection (c)(1)(B). 
‘‘(2) DETERMINATION, NOTICE, AND
INITIAL 
PROBATIONARY PERIOD.— 
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‘‘(A) DETERMINATION OF PROBATIONARY 
STATUS AND NOTICE OF NONCOMPLIANCE.—As 
part of each program country’s periodic evalua-
tion required by subsection (c)(5)(A), the Sec-
retary of Homeland Security shall determine 
whether a program country is in compliance 
with the program requirements under subpara-
graphs (A)(ii) through (F) of subsection (c)(2). 
‘‘(B) INITIAL PROBATIONARY PERIOD.—If 
the Secretary of Homeland Security determines 
that a program country visa is not in compli-
ance with the program requirements under sub-
paragraphs (A)(ii) through (F) of subsection 
(c)(2), the Secretary of Homeland Security 
shall place the program country in probationary 
status for the fiscal year following the fiscal 
year in which the periodic evaluation is com-
pleted. 
‘‘(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 one of the following actions: 
‘‘(A) COMPLIANCE DURING INITIAL PROBA-
TIONARY PERIOD.—If the Secretary determines 
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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— 
‘‘(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. 
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‘‘(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 one 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 
if the Secretary determines during the latest 
periodic evaluation required by subsection 
(c)(5)(A) that the program country continues to 
be in non-compliance 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 
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