[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3767 Reported in House (RH)]





                                                 Union Calendar No. 308

106th CONGRESS

  2d Session

                               H. R. 3767

                          [Report No. 106-564]

_______________________________________________________________________

                                 A BILL

 To amend the Immigration and Nationality Act to make improvements to, 
and permanently authorize, the visa waiver pilot program under section 
                            217 of such Act.

_______________________________________________________________________

                             April 6, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 308
106th CONGRESS
  2d Session
                                H. R. 3767

                          [Report No. 106-564]

 To amend the Immigration and Nationality Act to make improvements to, 
and permanently authorize, the visa waiver pilot program under section 
                            217 of such Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2000

    Mr. Smith of Texas (for himself, Ms. Jackson-Lee of Texas, Mr. 
     McCollum, Mr. Goodlatte, Mr. Canady of Florida, Mr. Frank of 
  Massachusetts, and Mr. Scarborough) introduced the following bill; 
          which was referred to the Committee on the Judiciary

                             April 6, 2000

   Additional sponsors: Mr. Gallegly, Mr. Bentsen, Ms. Berkley, Mr. 
               Martinez, Ms. McKinney, and Mr. Jefferson

                             April 6, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                                1, 2000]

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to make improvements to, 
and permanently authorize, the visa waiver pilot program under section 
                            217 of such Act.

    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 Permanent Program Act''.

                TITLE I--PERMANENT PROGRAM AUTHORIZATION

SEC. 101. ELIMINATION OF PILOT PROGRAM STATUS.

    (a) In General.--Section 217 of the Immigration and Nationality Act 
(8 U.S.C. 1187) is amended--
            (1) in the section heading, by striking ``pilot'';
            (2) in subsection (a)--
                    (A) in the subsection heading, by striking 
                ``Pilot'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``pilot'' both places it appears;
                    (C) in paragraph (1), by striking ``pilot program 
                period (as defined in subsection (e))'' and inserting 
                ``program''; and
                    (D) in paragraph (2), in the paragraph heading, by 
                striking ``pilot'';
            (3) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``pilot'';
            (4) in subsection (c)--
                    (A) in the subsection heading, by striking 
                ``Pilot'';
                    (B) in paragraph (1), by striking ``pilot'';
                    (C) in paragraph (2)--
                            (i) by striking ``subsection (g)'' and 
                        inserting ``subsection (f)''; and
                            (ii) by striking ``pilot''; and
                    (D) in paragraph (3)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``(within the pilot program 
                        period)'';
                            (ii) in subparagraph (A), in the matter 
                        preceding clause (i), by striking ``pilot'' 
                        both places it appears; and
                            (iii) in subparagraph (B), by striking 
                        ``pilot'';
            (5) in subsection (e)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``pilot''; and
                    (B) in subparagraph (B), by striking ``pilot'';
            (6) by striking subsection (f) and redesignating subsection 
        (g) as subsection (f); and
            (7) in subsection (f) (as so redesignated)--
                    (A) in paragraph (1)(A) by striking ``pilot'';
                    (B) in paragraph (1)(C), by striking ``pilot'';
                    (C) in paragraph (2)(A), by striking ``pilot'' both 
                places it appears;
                    (D) in paragraph (3), by striking ``pilot''; and
                    (E) in paragraph (4)(A), by striking ``pilot''.
    (b) Conforming Amendments.--
            (1) Documentation requirements.--Clause (iv) of section 
        212(a)(7)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(7)(B)(iv)) is amended--
                    (A) in the clause heading, by striking ``pilot''; 
                and
                    (B) by striking ``pilot''.
            (2) Table of contents.--The table of contents for the 
        Immigration and Nationality Act is amended, in the item 
        relating to section 217, by striking ``pilot''.

                     TITLE II--PROGRAM IMPROVEMENTS

SEC. 201. EXTENSION OF RECIPROCAL PRIVILEGES.

    Section 217(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1187(a)(2)(A)) is amended by inserting ``, either on its own or 
in conjunction with one or more other countries that are described in 
subparagraph (B) and that have established with it a common area for 
immigration admissions,'' after ``to extend)''.

SEC. 202. MACHINE READABLE PASSPORT PROGRAM.

    (a) Requirement on Alien.--Section 217(a) of the Immigration and 
Nationality Act (8 U.S.C. 1187(a)) is amended--
            (1) by redesignating paragraphs (3) through (7) as 
        paragraphs (4) through (8), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Machine readable passport.--On and after October 1, 
        2006, the alien at the time of application for admission is in 
        possession of a valid unexpired machine-readable passport that 
        satisfies the internationally accepted standard for machine 
        readability.''.
    (b) Requirement on Country.--Section 217(c)(2)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(B)) is amended to 
read as follows:
                    ``(B) Machine readable passport program.--
                            ``(i) In general.--Subject to clause (ii), 
                        the government of the country certifies that it 
                        issues to its citizens machine-readable 
                        passports that satisfy the internationally 
                        accepted standard for machine readability.
                            ``(ii) Deadline for compliance for certain 
                        countries.--In the case of a country designated 
                        as a program country under this subsection 
                        prior to May 1, 2000, as a condition on the 
                        continuation of that designation, the country--
                                    ``(I) shall certify, not later than 
                                October 1, 2000, that it has a program 
                                to issue machine-readable passports to 
                                its citizens not later than October 1, 
                                2003; and
                                    ``(II) shall satisfy the 
                                requirement of clause (i) not later 
                                than October 1, 2003.''.

SEC. 203. DENIAL OF PROGRAM WAIVER BASED ON GROUND OF INADMISSIBILITY.

    (a) In General.--Section 217(a) of the Immigration and Nationality 
Act (8 U.S.C. 1187(a)), as amended by section 202, is further amended 
by adding at the end the following:
            ``(9) Automated system check.--The identity of the alien 
        has been checked using an automated electronic database 
        containing information about the inadmissibility of aliens to 
        uncover any grounds on which the alien may be inadmissible to 
        the United States, and no such ground has been found.''.
    (b) Visa Application Sole Method To Dispute Denials of Waiver Based 
on Ground of Inadmissibility.--Section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187), as amended by section 101(a)(6) of 
this Act, is further amended by adding at the end the following:
    ``(g) Visa Application Sole Method of Disputing Ground of 
Inadmissibility Found in Automated System.--In the case of an alien 
denial a waiver under the program by reason of a ground of 
inadmissibility uncovered through a written or verbal statement by the 
alien or a use of an automated electronic database required under 
subsection (a)(9), the alien may apply for a visa at an appropriate 
consular office outside the United States. There shall be no other 
means of administrative or judicial review of such a denial, and no 
court or person otherwise shall have jurisdiction to consider any claim 
attacking the validity of such a denial.''.
    (c) Parole Authority.--Section 212(d)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)) is amended--
            (1) in subparagraph (A), by striking ``subparagraph (B)'' 
        and inserting ``subparagraph (B) or (C)''; and
            (2) by adding at the end the following:
                    ``(C) The Attorney General may not parole into the 
                United States an alien who has applied under section 
                217 for a waiver of the visa requirement, and has been 
                denied such waiver by reason of a ground of 
                inadmissibility uncovered through a written or verbal 
                statement by the alien or a use of an automated 
                electronic database required under section 217(a)(9), 
                unless the Attorney General determines that compelling 
                reasons in the public interest, or compelling health 
                considerations, with respect to that particular alien 
                require that the alien be paroled into the United 
                States.''.

SEC. 204. EVALUATION OF EFFECT OF COUNTRY'S PARTICIPATION ON LAW 
              ENFORCEMENT AND SECURITY.

    (a) Initial Designation.--Section 217(c)(2)(C) of the Immigration 
and Nationality Act (8 U.S.C. 1187(c)(2)(C)) is amended to read as 
follows:
                    ``(C) Law enforcement and security interests.--The 
                Attorney General, in consultation with the Secretary of 
                State--
                            ``(i) evaluates the effect that the 
                        country's designation would have on the law 
                        enforcement and security interests of the 
                        United States (including the interest in 
                        enforcement of the immigration laws of the 
                        United States);
                            ``(ii) determines that such interests would 
                        not be compromised by the designation of the 
                        country; and
                            ``(iii) submits a written report to the 
                        Committee on the Judiciary of the United States 
                        House of Representatives and of the Senate 
                        regarding the country's qualification for 
                        designation that includes an explanation of 
                        such determination.''.
    (b) Continuation of Designation.--Section 217(c) of the Immigration 
and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end 
the following:
            ``(5) Written reports on continuing qualification; 
        designation terminations.--
                    ``(A) Periodic evaluations.--
                            ``(i) In general.--The Attorney General, in 
                        consultation with the Secretary of State, 
                        periodically (but not less than once every 5 
                        years)--
                                    ``(I) shall evaluate the effect of 
                                each program country's continued 
                                designation on the law enforcement and 
                                security interests of the United States 
                                (including the interest in enforcement 
                                of the immigration laws of the United 
                                States);
                                    ``(II) shall determine whether any 
                                such designation ought to be continued 
                                or terminated under subsection (d); and
                                    ``(III) shall submit a written 
                                report to the Committee on the 
                                Judiciary of the United States House of 
                                Representatives and of the Senate 
                                regarding the continuation or 
                                termination of the country's 
                                designation that includes an 
                                explanation of such determination and 
                                the effects described in subclause (I).
                            ``(ii) Effective date.--A termination of 
                        the designation of a country under this 
                        subparagraph shall take effect on the date 
                        determined by the Attorney General, but may not 
                        take effect before the end of the 30-day period 
                        beginning on the date on which notice of the 
                        termination is published in the Federal 
                        Register.
                            ``(iii) Redesignation.--In the case of a 
                        termination under this subparagraph, the 
                        Attorney General shall redesignate the country 
                        as a program country, without regard to 
                        subsection (f) or paragraph (2) or (3), when 
                        the Attorney General, in consultation with the 
                        Secretary of State, determines that all causes 
                        of the termination have been eliminated.
                    ``(B) Automatic termination.--
                            ``(i) Requirement.--On and after October 1, 
                        2005, the designation of any program country 
                        with respect to a report described in 
                        subparagraph (A)(i)(III) has not been submitted 
                        in accordance with such subparagraph during the 
                        preceding 5 years shall be considered 
                        terminated.
                            ``(ii) Effective date.--A termination of 
                        the designation of a country under this 
                        subparagraph shall take effect on the last day 
                        of the 5-year period described in clause (i).
                            ``(iii) Redesignation.--In the case of a 
                        termination under this subparagraph, the 
                        Attorney General shall redesignate the country 
                        as a program country, without regard to 
                        subsection (f) or paragraph (2) or (3), when 
                        the required report is submitted, if the report 
                        includes a determination by the Attorney 
                        General that the country should continue as a 
                        program country.
                    ``(C) Emergency termination.--
                            ``(i) In general.--In the case of a program 
                        country in which an emergency occurs that the 
                        Attorney General, in consultation with the 
                        Secretary of State, determines threatens the 
                        law enforcement or security interests of the 
                        United States (including the interest in 
                        enforcement of the immigration laws of the 
                        United States), the Attorney General shall 
                        immediately terminate the designation of the 
                        country as a program country.
                            ``(ii) Definition.--For purposes of clause 
                        (i), the term `emergency' means--
                                    ``(I) the overthrow of a 
                                democratically elected government;
                                    ``(II) war (including undeclared 
                                war, civil war, or other military 
                                activity);
                                    ``(III) disruptive social unrest;
                                    ``(IV) a severe economic or 
                                financial crisis; or
                                    ``(V) any other extraordinary event 
                                that threatens the law enforcement or 
                                security interests of the United States 
                                (including the interest in enforcement 
                                of the immigration laws of the United 
                                States).
                            ``(iii) Redesignation.--The Attorney 
                        General may redesignate the country as a 
                        program country, without regard to subsection 
                        (f) or paragraph (2) or (3), when the Attorney 
                        General determines that--
                                    ``(I) at least 6 months have 
                                elapsed since the effective date of the 
                                termination;
                                    ``(II) the emergency that caused 
                                the termination has ended; and
                                    ``(III) the average number of 
                                refusals of nonimmigrant visitor visas 
                                for nationals of that country during 
                                the period of termination under this 
                                subparagraph was less than 3.0 percent 
                                of the total number of nonimmigrant 
                                visitor visas for nationals of that 
                                country which were granted or refused 
                                during such period.
                    ``(D) Treatment of nationals after termination.--
                For purposes of this paragraph--
                            ``(i) nationals of a country whose 
                        designation is terminated under subparagraph 
                        (A), (B), or (C) shall remain eligible for a 
                        waiver under subsection (a) until the effective 
                        date of such termination; and
                            ``(ii) a waiver under this section that is 
                        provided to such a national for a period 
                        described in subsection (a)(1) shall not, by 
                        such a designation termination, be deemed to 
                        have been rescinded or otherwise rendered 
                        invalid, if the waiver is granted prior to such 
                        termination.''.

SEC. 205. USE OF INFORMATION TECHNOLOGY SYSTEMS.

    (a) In General.--Section 217 of the Immigration and Nationality Act 
(8 U.S.C. 1187), as amended by section 203(b), is further amended by 
adding at the end the following:
    ``(h) Use of Information Technology Systems.--
            ``(1) Automated entry-exit control system.--
                    ``(A) System.--Not later than October 1, 2001, the 
                Attorney General shall develop and implement a fully 
                automated entry and exit control system that will 
                collect a record of arrival and departure for every 
                alien who arrives by sea or air at a port of entry into 
                the United States and is provided a waiver under the 
                program.
                    ``(B) Requirements.--The system under subparagraph 
                (A) shall satisfy the following requirements:
                            ``(i) Data collection by carriers.--Not 
                        later than October 1, 2001, the records of 
                        arrival and departure described in subparagraph 
                        (A) shall be based, to the maximum extent 
                        practicable, on passenger data collected and 
                        electronically transmitted to the automated 
                        entry and exit control system by each carrier 
                        that has an agreement under subsection (a)(4).
                            ``(ii) Data provision by carriers.--Not 
                        later than October 1, 2002, no waiver may be 
                        provided under this section to an alien 
                        arriving by sea or air at a port of entry into 
                        the United States on a carrier unless the 
                        carrier is electronically transmitting to the 
                        automated entry and exit control system 
                        passenger data determined by the Attorney 
                        General to be sufficient to permit the Attorney 
                        General to carry out this paragraph.
                            ``(iii) Calculation.--The system shall 
                        contain sufficient data to permit the Attorney 
                        General to calculate, for each program country 
                        and each fiscal year, the portion of nationals 
                        of that country who are described in 
                        subparagraph (A) and for whom no record of 
                        departure exists, expressed as a percentage of 
                        the total number of such nationals who are so 
                        described.
                    ``(C) Reporting.--
                            ``(i) Percentage of nationals lacking 
                        departure record.--Not later than January 30 of 
                        each year (beginning with the year 2003), the 
                        Attorney General shall submit a written report 
                        to the Committee on the Judiciary of the United 
                        States House of Representatives and of the 
                        Senate containing the calculation described in 
                        subparagraph (B)(iii) for each program country 
                        for the previous fiscal year.
                            ``(ii) System effectiveness.--Not later 
                        than October 1, 2004, the Attorney General 
                        shall submit a written report to the Committee 
                        on the Judiciary of the United States House of 
                        Representatives and of the Senate containing 
                        the following:
                                    ``(I) The conclusions of the 
                                Attorney General regarding the 
                                effectiveness of the automated entry 
                                and exit control system to be developed 
                                and implemented under this paragraph.
                                    ``(II) The recommendations of the 
                                Attorney General regarding the use of 
                                the calculation described in 
                                subparagraph (B)(iii) as a basis for 
                                evaluating whether to terminate or 
                                continue the designation of a country 
                                as a program country.
            ``(2) Automated data sharing system.--
                    ``(A) System.--The Attorney General and the 
                Secretary of State shall develop and implement an 
                automated data sharing system that will permit them to 
                share data in electronic form from their respective 
                records systems regarding the admissibility of aliens 
                who are nationals of a program country.
                    ``(B) Requirements.--The system under subparagraph 
                (A) shall satisfy the following requirements:
                            ``(i) Supplying information to immigration 
                        officers conducting inspections at ports of 
                        entry.--Not later than October 1, 2002, the 
                        system shall enable immigration officers 
                        conducting inspections at ports of entry under 
                        section 235 to obtain from the system, with 
                        respect to aliens seeking a waiver under the 
                        program--
                                    ``(I) any photograph of the alien 
                                that may be contained in the records of 
                                the Department of State or the Service; 
                                and
                                    ``(II) information on whether the 
                                alien has ever been determined to be 
                                ineligible to receive a visa or 
                                ineligible to be admitted to the United 
                                States.
                            ``(ii) Supplying photographs of 
                        inadmissible aliens.--The system shall permit 
                        the Attorney General electronically to obtain 
                        any photograph contained in the records of the 
                        Secretary of State pertaining to an alien who 
                        is a national of a program country and has been 
                        determined to be ineligible to receive a visa.
                            ``(iii) Maintaining records on applications 
                        for admission.--The system shall maintain, for 
                        a minimum of 10 years, information about each 
                        application for admission made by an alien 
                        seeking a waiver under the program, including 
                        the following:
                                    ``(I) The name of each immigration 
                                officer conducting the inspection of 
                                the alien at the port of entry.
                                    ``(II) Any information described in 
                                clause (i) that is obtained from the 
                                system by any such officer.
                                    ``(III) The results of the 
                                application.''.
    (b) Conforming Amendment.--Section 217(e)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1187(e)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``, and''; and
            (3) by adding at the end the following:
                    ``(D) to collect, provide, and share passenger data 
                as required under subsection (h)(1)(B).''.

SEC. 206. CONDITIONS FOR VISA REFUSAL ELIGIBILITY.

    Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 
1187(c)), as amended by section 204(b) of this Act, is further amended 
by adding at the end the following:
            ``(6) 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, sexual 
        orientation, or disability, unless otherwise specifically 
        authorized by law or regulation.''.