,,ii  #aacth ,,congress  #ast ,session  
,s4 #bbc  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #d1 #bjac 
,ms4 ,mikulski 7for herself and ,mr4    
,kirk7 introduced the following bill2   
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to amend section #bag of the         
,immigration and ,nationality ,act to   
modify the visa waiver program1 and for 
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,visa ,waiver  
,program ,enhanced ,security and ,reform
 ,act4  #b4 ,visa waiver program        
enhanced security and reform  7a7       
,definitions ,section #bag7;c77#a7 of   
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4 #aahg7;c77#a77 is amended 
to read as follows3  7#a7 ,authority to 
designate2 definitions  7,a7 ,authority 
to designate ,the ,secretary of         
,homeland ,security1 in consultation    
with the ,secretary of ,state1 may      
designate any country as a program      
country if that country meets the       

requirements under paragraph 7#b74  7,b7
 ,definitions ,in this subsection3  7i7 
,appropriate congressional committees   
,the term appropriate congressional     
committees means--  7,i7 the ,committee 
on ,foreign ,relations1 the ,committee  
on ,homeland ,security and ,governmental
 ,affairs1 and the ,committee on the    
,judiciary of the ,senate2 and  7,,ii7  
the ,committee on ,foreign ,affairs1 the
 ,committee on ,homeland ,security1 and 
the ,committee on the ,judiciary of the 
,house of ,representatives4  7ii7       
,overstay rate  7,i7 ,initial           
designation ,the term overstay rate     
means1 with respect to a country being  
considered for designation in the       
program1 the ratio of--  7aa7 the number
 of nationals of that country who were  
admitted to the ,united ,states on the  
basis of a nonimmigrant visa under      
section #aja7;a77#ae77;,b7 whose periods
 of authorized stay ended during a      
fiscal year but who remained unlawfully 
in the ,united ,states beyond such      

periods2 to  7bb7 the number of         
nationals of that country who were      
admitted to the ,united ,states on the  
basis of a nonimmigrant visa under      
section #aja7;a77#ae77;,b7 whose periods
 of authorized stay ended during that   
fiscal year4  7,,ii7 ,continuing        
designation ,the term overstay rate     
means1 for each fiscal year after       
initial designation under this section  
with respect to a country1 the ratio    
of--  7aa7 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 #aja7;a77#ae77;,b7 whose periods
 of authorized stay ended during a      
fiscal year but who remained unlawfully 
in the ,united ,states beyond such      
periods2 to  7bb7 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         
#aja7;a77#ae77;,b7 whose periods of     

authorized stay ended during that fiscal
 year4  7,,iii7 ,computation of overstay
 rate ,in determining the overstay rate 
for a country1 the ,secretary of        
,homeland ,security may utilize         
information from any available databases
 to ensure the accuracy of such rate4   
7iii7 ,program country ,the term program
 country means a country designated as a
 program country under subparagraph     
7,a74  4  7b7 ,technical and conforming 
amendments ,section #bag of the         
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahg7 is amended--  7#a7 by  
striking ,attorney ,general each place  
the term appears 7except in subsection  
7c77#aa77;,b77 and inserting ,secretary 
of ,homeland ,security2 and  7#b7 in    
subsection 7c7--  7,a7 in paragraph     
7#b77;,c77iii71 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     
committees2  7,b7 in paragraph          
7#e77;,a77i77,,iii71 by striking        
,committee on the ,judiciary1 the       
,committee on ,foreign ,affairs1 and the
 ,committee on ,homeland ,security1 of  
the ,house of ,representatives and the  
,committee on the ,judiciary1 the       
,committee on ,foreign ,relations1 and  
the ,committee on ,homeland ,security   
and ,governmental ,affairs of the       
,senate and inserting appropriate       
congressional committees2 and  7,c7 in  
paragraph 7#g71 by striking subparagraph
 7,e74  7c7 ,designation of program     
countries based on overstay rates  7#a7 
,in general ,section #bag7;c77#b77;,a7  
of the ,immigration and ,nationality    
,act 7#h ,u4,s4,c4 #aahg7;c77#b77;,a77  
is amended to read as follows3  7,a7    
,general numerical limitations  7i7 ,low
 nonimmigrant visa refusal rate ,the    
percentage of nationals of that country 
refused nonimmigrant visas under section
 #aja7;a77#ae77;,b7 during the previous 

full fiscal year was not more than #c   
percent of the total number of nationals
 of that country who were granted or    
refused nonimmigrant visas under such   
section during such year4  7ii7 ,low    
nonimmigrant overstay rate ,the overstay
 rate for that country was not more than
 #c percent during the previous fiscal  
year4  4  7#b7 ,qualification criteria  
,section #bag7;c77#c7 of such ,act 7#h  
,u4,s4,c4 #aahg7;c77#c77 is amended to  
read as follows3  7#c7 ,qualification   
criteria ,after designation as a program
 country under section #bag7;c77#b71 a  
country may not continue to be          
designated as a program country unless  
the ,secretary of ,homeland ,security1  
in consultation with the ,secretary of  
,state1 determines1 pursuant to the     
requirements under paragraph 7#e71 that 
the designation will be continued4  4   
7#c7 ,initial period ,section #bag7;c7  
is further amended by striking          
subsection 7c77#d74  7#d7 ,continuing   
designation ,section                    

#bag7;c77#e77;,a77i77,,ii7 of such ,act 
7#h ,u4,s4,c4                           
#aahg7;c77#e77;,a77i77,,ii77 is amended 
to read as follows3  7,,ii7 shall       
determine1 based upon the evaluation in 
subclause 7,i71 whether any such        
designation under subsection 7d7 or 7f71
 or probation under subsection 7f71     
ought to be continued or terminated2  4 
7#e7 ,computation of visa refusal rates2
 judicial review ,section #bag7;c77#f7  
of such ,act 7#h ,u4,s4,c4              
#aahg7;c77#f77 is amended to read as    
follows3  7#f7 ,computation of visa     
refusal rates and judicial review  7,a7 
,computation of visa refusal rates ,for 
purposes of determining the eligibility 
of a country to be designated as a      
program country1 the calculation of visa
 refusal rates shall not include any    
visa refusals which incorporate any     
procedures based on1 or are otherwise   
based on1 race1 sex1 or disability1     
unless otherwise specifically authorized
 by law or regulation4  7,b7 ,judicial  

review ,no court shall have jurisdiction
 under this section to review any visa  
refusal1 the ,secretary of ,state's     
computation of a visa refusal rate1 the 
,secretary of ,homeland ,security's     
computation of an overstay rate1 or the 
designation or nondesignation of a      
country as a program country4  4  7#f7  
,visa waiver information ,section       
#bag7;c77#g7 of such ,act 7#h ,u4,s4,c4 
#aahg7;c77#g77 is amended--  7,a7 by    
striking subparagraphs 7,b7 through     
7,d72 and  7,b7 by striking waiver      
information4-- and all that follows     
through ,in refusing and inserting      
waiver information4--,in refusing4  7#g7
 ,waiver authority ,section #bag7;c77#h7
 of such ,act 7#h ,u4,s4,c4             
#aahg7;c77#h77 is amended to read as    
follows3  7#h7 ,waiver authority ,the   
,secretary of ,homeland ,security1 in   
consultation with the ,secretary of     
,state1 may waive the application of    
paragraph 7#b77;,a77i7 for a country    
if--  7,a7 the country meets all other  

requirements of paragraph 7#b72  7,b7   
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            
enforcement1 security interests1 or     
enforcement of the immigration laws of  
the ,united ,states2  7,c7 there has    
been a general downward trend in the    
percentage of nationals of the country  
refused nonimmigrant visas under section
 #aja7;a77#ae77;,b72  7,d7 the country  
consistently cooperated with the        
,government of the ,united ,states on   
counterterrorism initiatives1           
information sharing1 preventing         
terrorist travel1 and extradition to the
 ,united ,states of individuals         
7including the country's own nationals7 
who commit crimes that violate ,united  
,states law before the date of its      
designation as a program country1 and   
the ,secretary of ,homeland ,security   

and the ,secretary of ,state assess that
 such cooperation is likely to continue2
 and  7,e7 the percentage of nationals  
of the country refused a nonimmigrant   
visa under section #aja7;a77#ae77;,b7   
during the previous full fiscal year was
 not more than #aj percent of the total 
number of nationals of that country who 
were granted or refused such            
nonimmigrant visas4  4  7d7 ,termination
 of designation2 probation ,section     
#bag7;f7 of the ,immigration and        
,nationality ,act 7#h ,u4,s4,c4         
#aahg7;f77 is amended to read as        
follows3  7f7 ,termination of           
designation2 probation  7#a7            
,definitions ,in this subsection3  7,a7 
,probationary period ,the term          
probationary period means the fiscal    
year in which a probationary country is 
placed in probationary status under this
 subsection4  7,b7 ,program country ,the
 term program country has the meaning   
given that term in subsection           
7c77#a77;,b74  7#b7 ,determination1     

notice1 and initial probationary period 
7,a7 ,determination of probationary     
status and notice of noncompliance ,as  
part of each program country's periodic 
evaluation required by subsection       
7c77#e77;,a71 the ,secretary of         
,homeland ,security shall determine     
whether a program country is in         
compliance with the program requirements
 under subparagraphs 7,a77ii7 through   
7,f7 of subsection 7c77#b74  7,b7       
,initial probationary period ,if the    
,secretary of ,homeland ,security       
determines that a program country is not
 in compliance with the program         
requirements under subparagraphs        
7,a77ii7 through 7,f7 of subsection     
7c77#b71 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       
completed4  7#c7 ,actions at the end of 
the initial probationary period ,at the 
end of the initial probationary period  

of a country under paragraph 7#b77;,b71 
the ,secretary of ,homeland ,security   
shall take #a of the following actions3 
7,a7 ,compliance during initial         
probationary period ,if the ,secretary  
determines that all instances of        
noncompliance with the program          
requirements under subparagraphs        
7,a77ii7 through 7,f7 of subsection     
7c77#b7 that were identified in the     
latest periodic evaluation have been    
remedied by the end of the initial      
probationary period1 the ,secretary     
shall end the country's probationary    
period4  7,b7 ,noncompliance during     
initial probationary period ,if the     
,secretary determines that any instance 
of noncompliance with the program       
requirements under subparagraphs        
7,a77ii7 through 7,f7 of subsection     
7c77#b7 that were identified in the     
latest periodic evaluation has not been 
remedied by the end of the initial      
probationary period--  7i7 the          
,secretary may terminate the country's  

participation in the program2 or  7ii7  
on an annual basis1 the ,secretary may  
continue the country's probationary     
status if the ,secretary1 in            
consultation with the ,secretary of     
,state1 determines that the country's   
continued participation in the program  
is in the national interest of the      
,united ,states4  7#d7 ,actions at the  
end of additional probationary periods  
,at the end of all probationary periods 
granted to a country pursuant to        
paragraph 7#c77;,b77ii71 the ,secretary 
shall take #a of the following actions3 
7,a7 ,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 7c77#e77;,a7 that the country
 is in compliance with the program      
requirements under subparagraphs        
7,a77ii7 through 7,f7 of subsection     
7c77#b74  7,b7 ,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       
7c77#e77;,a7 that the program country   
continues to be in non-compliance with  
the program requirements under          
subparagraphs 7,a77ii7 through 7,f7 of  
subsection 7c77#b74  7#e7 ,effective    
date ,the termination of a country's    
participation in the program under      
paragraph 7#c77;,b7 or 7#d77;,b7 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        
terminated4 ,until such date1 nationals 
of the country shall remain eligible for
 a waiver under subsection 7a74  7#f7   
,treatment of nationals after           
termination ,for purposes of this       
subsection and subsection 7d7--  7,a7   
nationals of a country whose designation
 is terminated under paragraph 7#c7 or  
7#d7 shall remain eligible for a waiver 

under subsection 7a7 until the effective
 date of such termination2 and  7,b7 a  
waiver under this section that is       
provided to such a national for a period
 described in subsection 7a77#a7 shall  
not1 by such termination1 be deemed to  
have been rescinded or otherwise        
rendered invalid1 if the waiver is      
granted prior to such termination4  7#g7
 ,consultative role of the secretary of 
state ,in this subsection1 references to
 subparagraphs 7,a77ii7 through 7,f7 of 
subsection 7c77#b7 and subsection       
7c77#e77;,a7 carry with them the        
consultative role of the ,secretary of  
,state as provided in those provisions4 
4  7e7 ,review of overstay tracking     
methodology ,not later than #ahj days   
after the date of the enactment of this 
,act1 the ,comptroller ,general of the  
,united ,states shall conduct a review  
of the methods used by the ,secretary of
 ,homeland ,security--  7#a7 to track   
aliens entering and exiting the ,united 
,states2 and  7#b7 to detect any such   

alien who stays longer than such alien's
 period of authorized admission4  7f7   
,evaluation of electronic system for    
travel authorization ,not later than #ij
 days after the date of the enactment of
 this ,act1 the ,secretary of ,homeland 
,security shall submit to ,congress--   
7#a7 an evaluation of the security risks
 of aliens who enter the ,united ,states
 without an approved ,electronic ,system
 for ,travel ,authorization             
verification2 and  7#b7 a description of
 any improvements needed to minimize the
 number of aliens who enter the ,united 
,states without the verification        
described in paragraph 7#a74  7g7 ,sense
 of ,congress on priority for review of 
program countries ,it is the sense of   
,congress that the ,secretary of        
,homeland ,security1 in the process of  
conducting evaluations of countries     
participating in the visa waiver program
 under section #bag of the ,immigration 
and ,nationality ,act 7#h ,u4,s4,c4     
#aahg71 should prioritize the reviews of

 countries in which circumstances       
indicate that such a review is necessary
 or desirable4