II 118th CONGRESS 1st Session S. 493 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Rubio (for himself and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to require Visa Waiver Program countries to share watch list information about known or suspected terrorists and to fully cooperate with United States law enforcement entities in preventing and combating serious crime.

1. Short title This Act may be cited as the Securing the Visa Waiver Program Act of 2023 . 2. Visa Waiver Program information sharing agreements (a) In general Section 217(c)(2)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(F) ) is amended to read as follows: (F) Information sharing agreements (i) Security threats The government of the country enters into an agreement with the United States to share information regarding whether citizens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens, and fully implements such agreement. (ii) Terrorist watch lists The government of the country enters into an agreement with the United States to share thorough, accurate, and current information about citizens and nationals of that country who are known or appropriately suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, and fully implements such agreement. (iii) Enhancing cooperation in preventing and combating serious crime The government of the country enters into an agreement with the United States to establish frameworks for enhanced law enforcement cooperation, including the exchange of biometric and biographic data relating to citizens and nationals of that country who have engaged in, or are appropriately suspected of engaging in, an aggravated felony, and sharing any relevant underlying information for law enforcement purposes, and fully implements such agreement. . (b) Effect of failure To comply with information sharing agreements Section 217(c) of the Immigration and Nationality Act, as amended by subsection (a), is further amended by adding at the end the following: (13) Effect of failure to comply with information sharing agreements (A) In general The Secretary of Homeland Security shall immediately terminate the designation of a country as a program country if such country fails to comply with the requirements under subparagraph (D) or (F) of paragraph (2) within— (i) the 3-month period beginning on the date of the enactment of this paragraph, if such country was a program country on such date of enactment; or (ii) the 6-month period beginning on the date on which such country became a program country. (B) Eligibility to rejoin A program country whose participation in the program is terminated pursuant to subparagraph (A) may be permitted to rejoin the program by producing evidence that the country has come into compliance and continuously complied with subparagraphs (D) and (F) of paragraph (2) for a period, as determined by the Secretary of Homeland Security, that is at least as long as the longer of— (i) the period during which the country was out of compliance with such subparagraphs; or (ii) the most recent 3-month period. .