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...