I 
114TH CONGRESS 
1ST SESSION H. R. 2686 
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 
JUNE 8, 2015 
Mr. QUIGLEY (for himself, Mr. HECK of Nevada, Mr. KINZINGER of Illinois, 
Mr. LIPINSKI, Ms. NORTON, and Mr. TONKO) 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’’. 
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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 of the Senate; 
‘‘(II) the Committee on Home-
land Security and Governmental Af-
fairs of the Senate; 
‘‘(III) the Committee on the Ju-
diciary of the Senate; 
‘‘(IV) the Committee on Foreign 
Affairs of the House of Representa-
tives; 
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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-
tial designation under this section 
with respect to a country, the ratio 
between— 
‘‘(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; and 
‘‘(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 
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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-
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), as amended by subsection (a), is further 
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-
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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 
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 
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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.’’. 
(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 (8 U.S.C. 1187(c)), as amended by this section, 
is further amended by striking paragraph (4). 
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(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 results of an 
evaluation under subclause 
(I), whether any such des-
ignation under subsection 
(d) or (f), or probation 
under subsection (f), ought 
to be continued or termi-
nated;’’. 
(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-
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