[Congressional Record Volume 143, Number 131 (Friday, September 26, 1997)]
[Senate]
[Pages S10026-S10028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         VISA WAIVER PILOT PROGRAM REAUTHORIZATION ACT OF 1997

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to consideration of Calendar No. 164, S. 1178.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       A bill (S. 1178) to amend the Immigration and Nationality 
     Act to extent the visa waiver pilot program, and for other 
     purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                En Bloc Amendments Nos. 1254, 1255, 1256

  Mr. McCONNELL. There are three amendments at the desk, a Kyl-Leahy 
amendment No. 1254, a Hutchison amendment No. 1255, and an Abraham-
Kennedy amendment No. 1256. I ask unanimous consent the amendments be 
considered as read and agreed to en bloc, the bill be considered read a 
third time and passed as amended, the motion to reconsider be laid upon 
the table, and any statements relating to the bill be printed at this 
point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments considered and agreed to are as follows:


                           amendment no. 1254

       At the end of the bill insert the following section:

     SEC. 3. REPORT ON AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

       (a) Within six months after the date of enactment of this 
     Act, the Attorney General shall report to the Committees on 
     the Judiciary of the Senate and the House of Representatives 
     on her plans for and the feasibility of developing an 
     automated entry-exit control system that would operate at the 
     land borders of the United States and that would--
       (1) collect a record of departure for every alien departing 
     the United States and match the records of departure with the 
     record of the alien's arrival in the United States; and
       (2) enable the Attorney General to identify, through on-
     line searching procedures, lawfully admitted nonimmigrants 
     who remain in the United States beyond the period authorized 
     by the Attorney General.

[[Page S10027]]

       (b) Such report shall assess the costs and feasibility of 
     various means of operating such an automated entry-exit 
     control system; shall evaluate how such a system could be 
     implemented without increasing border traffic congestion and 
     border crossing delays and, if any such system would increase 
     border crossing delays, evaluate to what extent such 
     congestion or delays would increase; and shall estimate the 
     length of time that would be required for any such system to 
     be developed and implemented at the land borders.
                                  ____



                           amendment no. 1255

       On page 8, after line 6, insert the following:
       (C) Reporting requirements for other countries. For every 
     country from which nonimmigrants seek entry into the United 
     States, the Attorney General shall make a precise numerical 
     estimate of the figures under clauses (A)(i)(I) and 
     (A)(i)(II) and report those figures to the Committees on the 
     Judiciary of the Senate and the House of Representatives 
     within 30 days after the end of the fiscal year.
                                  ____



                           amendment no. 1256

  (Purpose: To modify the authorized pilot program period, to revise 
authority in fiscal year 1998 to cancel the removal of certain aliens, 
                        and for other purposes)

       On page 8, between lines 6 and 7, insert the following new 
     clause:
       ``(iii) Commencement of authorized period for qualifying 
     countries.--No country qualifying under the criteria in 
     clauses (i) and (ii) may be newly designated as a pilot 
     program country prior to October 1, 1998.
       On page 8, line 16, strike ``2002'' and insert ``2000''.

  The bill (S. 1178), as amended, was considered read the third time 
and passed.

                                S. 1178

       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 Pilot Program 
     Reauthorization Act of 1997''.

     SEC. 2. AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.

       (a) Designation of Pilot Program Countries.--Section 217(c) 
     of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is 
     amended to read as follows:
       ``(c) Designation of Pilot Program Countries.--
       ``(1) In general.--The Secretary of State, in consultation 
     with the Attorney General, may designate any country as a 
     pilot program country if it meets the requirements of 
     paragraph (2). In order to remain a pilot program country in 
     any subsequent fiscal year, a country shall be redesignated 
     as a pilot program country by the Attorney General in 
     accordance with the requirements of paragraph (3).
       ``(2) Qualifications.--The Secretary of State may not 
     designate a country as a pilot program country unless the 
     following requirements are met:
       ``(A) Low nonimmigrant visa refusal rate for previous 2-
     year period.--The average number of refusals of nonimmigrant 
     visitor visas for nationals of that country during the two 
     previous full fiscal years 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 those 
     years.
       ``(B) Low nonimmigrant visa refusal rate for each of 2 
     previous years.--The average number of refusals of 
     nonimmigrant visitor visas for nationals of that country 
     during either of such two previous full fiscal years was less 
     than 3.5 percent of the total number of nonimmigrant visitor 
     visas for nationals of that country which were granted or 
     refused during that year.
       ``(C) Machine-readable passport program.--The government of 
     the country certifies to the Secretary of State's and the 
     Attorney General's satisfaction that it issues machine-
     readable and highly fraud-resistant passports to its 
     citizens.
       ``(D) Law enforcement interests.--The Attorney General 
     determines that the United States' law enforcement interests 
     would not be compromised by the designation of the country.
       ``(E) Illegal overstay and disqualification.--For any 
     country with an average nonimmigrant visa refusal rate during 
     the previous two fiscal years of greater than 2 and less than 
     3 percent of the total number of nonimmigrant visitor visas 
     for nationals of that country which were granted or refused 
     during those years, and for any country with an average 
     number of refusals during either such year of greater than 
     2.5 and less than 3.5 percent, the Attorney General shall 
     certify to the Committees on the Judiciary of the Senate and 
     the House of Representatives that the sum of--
       ``(I) the total of the number of nationals of that country 
     who were excluded from admission or withdrew their 
     application for admission at a port of entry during such 
     previous fiscal year as a nonimmigrant visitor, and
       ``(II) the total number of nationals for that country who 
     were admitted as nonimmigrant visitors during such previous 
     fiscal year and who violated the terms of such admission,

     is less than 2 percent of the total number of nationals of 
     that country who applied for admission as nonimmigrant 
     visitors during such previous fiscal year.
       ``(3) Continuing and subsequent qualifications.--The 
     Attorney General, in consultation with the Secretary of 
     State, shall assess the continuing and subsequent 
     qualification of countries designated as pilot program 
     countries and shall redesignate countries as pilot program 
     countries only if the requirements specified in this 
     subsection are met. For each fiscal year (within the pilot 
     program period) after the initial period the following 
     requirements shall apply:
       ``(A) Countries previously designated.--(i) Except as 
     provided in subsection (g) of this section, in the case of a 
     country which was a pilot program country in the previous 
     fiscal year, the Attorney General may not redesignate such 
     country as a pilot program country unless the sum of--
       ``(I) the total of the number of nationals of that country 
     who were excluded from admission or withdrew their 
     application for admission during such previous fiscal year as 
     a nonimmigrant visitor, and
       ``(II) the total number of nationals of that country who 
     were admitted as nonimmigrant visitors during such previous 
     fiscal year and who violated the terms of such admission,

     was less than 2 percent of the total number of nationals of 
     that country who applied for admission as nonimmigrant 
     visitors during such previous fiscal year.
       ``(ii) In the case of a country which was a pilot program 
     country in the previous fiscal year, the Attorney General may 
     not redesignate such country as a pilot program country 
     unless the Attorney General has made a precise numerical 
     estimate of the figures under clauses (i)(I) and (i)(II) and 
     reports those figures to the Committees on the Judiciary of 
     the Senate and the House of Representatives within 30 days 
     after the end of the fiscal year. As of September 30, 1999, 
     any such estimates shall be based on data collected from the 
     automated entry-exit control system mandated by section 110 
     of Public Law 104-708.
       ``(iii) In the case of a country which was a pilot program 
     country in the previous fiscal year and which was first 
     admitted to the visa waiver pilot program prior to September 
     30, 1997, the Attorney General may not redesignate such 
     country as a pilot program country unless the country 
     certifies that it has issued or will issue as of a date 
     certain machine-readable and highly fraud-resistant passports 
     and unless the country subsequently complies with any such 
     certification commitments.
       ``(B) New countries.--In the case of a country to which the 
     clauses of subparagraph (A) do not apply, such country may 
     not be designated as a pilot program country unless the 
     following requirements are met:
       ``(i) Low nonimmigrant visa refusal rate in previous 2-year 
     period.--The average number of refusals of nonimmigrant 
     visitor visas for nationals of that country during the two 
     previous full fiscal years 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 those 
     years.
       ``(ii) Low nonimmigrant visa refusal rate in each of the 2 
     previous years.--The average number of refusals of 
     nonimmigrant visitor visas for nationals of that country 
     during either of such two previous full fiscal years was less 
     than 3.5 percent of the total number of nonimmigrant visitor 
     visas for nationals of that country which were granted or 
     refused during that year.
       ``(iii) Commencement of authorized period for qualifying 
     countries.--No country qualifying under the criteria in 
     clauses (i) and (ii) may be newly designated as a pilot 
     program country prior to October 1, 1998.
       ``(C) Reporting requirements for other countries.--For 
     every country from which nonimmigrants seek entry into the 
     United States, the Attorney General shall make a precise 
     numerical estimate of the figures under subparagraph (A)(i) 
     (I) and (II) and report those figures to the Committees on 
     the Judiciary of the Senate and the House of Representatives 
     within 30 days after the end of the fiscal year.
       ``(4) Initial period.--For purposes of paragraph (3), the 
     term `initial period' means the period beginning at the end 
     of the 30-day period described in section 2(c)(1) of the Visa 
     Waiver Pilot Program Reauthorization Act of 1997 and ending 
     on the last day of the first fiscal year which begins after 
     such 30-day period.''.
       (b) Authorized Pilot Program Period.--Section 217(f) of 
     that Act is amended by striking ``September 30, 1997'' and 
     inserting ``September 30, 2000''.
       (c) Development of Automated Entry Control System.--(1) As 
     of the date of enactment of this Act, no country may be newly 
     designated as a pilot program country until the end of the 
     30-day period beginning on the date that the Attorney General 
     submits to the Committees on the Judiciary of the House of 
     Representatives and the Senate a certification that the 
     automated entry-exit control system described in paragraph 
     (2) is operational.
       (2) The automated entry-exit control system is the system 
     mandated by section 110 of Public Law 104-208 as applied at 
     all ports of entry excluding the land borders.

     SEC. 3. REPORT ON AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

       (a) Within six months after the date of enactment of this 
     Act, the Attorney General shall report to the Committees on 
     the Judiciary of the Senate and the House of Representatives 
     on her plans for and the feasibility of developing an 
     automated entry-exit

[[Page S10028]]

     control system that would operate at the land borders of the 
     United States and that would--
       (1) collect a record of departure for every alien departing 
     the United States and match the records of departure with the 
     record of the alien's arrival in the United States; and
       (2) enable the Attorney General to identify, through on-
     line searching procedures, lawfully admitted nonimmigrants 
     who remain in the United States beyond the period authorized 
     by the Attorney General.
       (b) Such report shall assess the costs and feasibility of 
     various means of operating such an automated entry-exit 
     control system; shall evaluate how such a system could be 
     implemented without increasing border traffic congestion and 
     border crossing delays and, if any such system would increase 
     border crossing delays, evaluate to what extent such 
     congestion or delays would increase; and shall estimate the 
     length of time that would be required for any such system to 
     be developed and implemented at the land borders.

                          ____________________