Visa Waiver Program Enhanced Security and Reform Act - Amends the Immigration and Nationality Act regarding the visa waiver program to: (1) authorize the Secretary of Homeland Security (DHS) to designate any country as a program country; (2) adjust visa refusal rate criteria, including addition of a 3% maximum overstay rate; and (3) revise probationary and termination provisions.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3855 Introduced in House (IH)]
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 Committee 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 Representatives 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''.
SEC. 2. DEFINITIONS.
(a) Definitions.--Section 217(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(1)) is amended to read as follows:
``(1) Authority to designate; definitions.--
``(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
congressional committees' means--
``(I) the Committee on Foreign
Relations, the Committee on Homeland
Security and Governmental Affairs, and
the Committee on the Judiciary 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
Representatives.
``(ii) Overstay rate.--
``(I) Initial designation.--The
term `overstay rate' means, with
respect to a country being considered
for designation in the program, the
ratio of--
``(aa) the number of
nationals of that country who
were admitted 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 periods; to
``(bb) the number of
nationals of that country who
were admitted 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 designation.--The
term `overstay rate' means, for each
fiscal year after initial designation
under this section with respect to a
country, the ratio of--
``(aa) the number of
nationals of that country who
were admitted to the United
States under this section or 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 periods; to
``(bb) the number of
nationals of that country who
were admitted to the United
States under this section or on
the basis of a nonimmigrant
visa under section
101(a)(15)(B) whose periods of
authorized stay ended during
that fiscal year.
``(III) Computation of overstay
rate.--In determining the overstay rate
for a country, the Secretary of
Homeland Security may utilize
information from any available
databases to ensure the accuracy of
such rate.
``(iii) Program country.--The term `program
country' means a country designated as a
program country under subparagraph (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 Homeland 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 Representatives 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 Foreign Relations, and the Committee on Homeland
Security 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 Immigration and
Nationality Act (8 U.S.C. 1187(c)(2)(A)) is amended to read as follows:
``(A) General numerical limitations.--
``(i) Low nonimmigrant visa refusal 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 refused nonimmigrant visas under
such section 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.''.
(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 initial 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
paragraph (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),
whether any such designation under
subsection (d) or (f), or probation
under subsection (f), ought to be
continued or terminated;''.
(d) Computation of Visa Refusal Rates; Judicial 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.--
``(A) Computation of visa refusal rates.--For
purposes of determining the eligibility of a country to
be designated as a program 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, unless
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 computation of a visa
refusal rate, the Secretary of Homeland Security's
computation of an overstay 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''.
(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 Secretary of State, may
waive the application of paragraph (2)(A)(i) for a country if--
``(A) the country meets all other requirements of
paragraph (2);
``(B) the Secretary of Homeland Security determines
that the totality of the country's security risk
mitigation measures provide assurance that the
country's participation in the program would not
compromise the law enforcement, 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 section 101(a)(15)(B);
``(D) the country consistently cooperated with the
Government of the United States on counterterrorism
initiatives, information sharing, preventing terrorist
travel, and extradition of the country's nationals to
the United States before the date of its designation as
a program country, and the Secretary of Homeland
Security 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 section 101(a)(15)(B)
during the previous full fiscal 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 probationary status under this
subsection.
``(B) Program country.--The term `program country'
has the meaning given that term in subsection
(c)(1)(B).
``(2) Determination, notice, and initial probationary
period.--
``(A) Determination of probationary status and
notice of noncompliance.--As part of each program
country's periodic evaluation required by subsection
(c)(5)(A), the Secretary of Homeland Security shall
determine whether a program country is in compliance
with the program requirements under subparagraphs
(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 compliance with the
program requirements under subparagraphs (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
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 one of the following actions:
``(A) Compliance during initial probationary
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 determines that any instance
of noncompliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2)
that were identified in the latest periodic evaluation
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.
``(4) Actions at the end of additional probationary
periods.--At the end of all probationary 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 compliance with the program requirements
under subparagraphs (A)(ii) through (F) of subsection
(c)(2).
``(B) Noncompliance during additional periods.--The
Secretary shall terminate 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 requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2).
``(5) Effective date.--The termination of a country's
participation in the program under paragraph (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 participation shall be terminated. Until such date,
nationals of the country shall remain eligible for a waiver
under subsection (a).
``(6) Treatment of nationals after termination.--For
purposes of this subsection and subsection (d)--
``(A) nationals of a country whose designation is
terminated under paragraph (3) or (4) shall remain
eligible for a waiver under subsection (a) until the
effective date of such termination; and
``(B) a waiver under this section that is provided
to such a national for a period described in subsection
(a)(1) shall not, by such 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 subparagraphs (A)(ii) through (F) of
subsection (c)(2) and subsection (c)(5)(A) carry with them the
consultative role of the Secretary of State as provided in
those provisions.''.
SEC. 5. REVIEW OF OVERSTAY TRACKING METHODOLOGY.
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration Policy and Enforcement.
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