[Congressional Record Volume 146, Number 45 (Tuesday, April 11, 2000)]
[House]
[Pages H2036-H2040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VISA WAIVER PERMANENT PROGRAM ACT
Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3767) 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, as amended.
The Clerk read as follows:
H.R. 3767
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
[[Page H2037]]
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.''.
The SPEAKER pro tempore (Mr. Pease). Pursuant to the rule, the
gentleman from Texas (Mr. Smith) and the gentlewoman from Texas (Ms.
Jackson-Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Texas (Mr. Smith).
[[Page H2038]]
General Leave
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks, and to include extraneous material on H.R. 3767, the
bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the Visa Waiver Pilot Program allows aliens traveling
from certain designated countries to come to the United States as
temporary visitors for business or pleasure without having to obtain
the nonimmigrant visa normally required. The program authorizes the
Attorney General to waive the ``B'' visa requirement for traveling
aliens coming from those certain countries that have qualified. There
are currently 29 countries participating in this program.
Since its initial enactment as a temporary program in 1986, the Visa
Waiver Pilot Program, often referred to as the VWPP, has been regularly
extended by Congress. The current legislation expires on April 30.
Fourteen years is a long time for a pilot program. It is time to make
the VWPP permanent. H.R. 3767, the Visa Waiver Permanent Program Act,
will make the visa waiver program permanent, more secure, and end the
need to permanently reauthorize the program.
H.R. 3767 is a bipartisan bill. It was passed unanimously by the
Subcommittee on Immigration and Claims and the Committee on the
Judiciary. The tourism and travel industry strongly supports this
legislation. Visa-free travel under the program has increased tourism
in the United States from participating countries. More than 17 million
visitors enter the United States under the visa waiver program each
year. A permanent program will be a long-term benefit to the tourism
industry and remove the uncertainty caused by the periodic expiration
of the program.
While a permanent visa waiver program would be good for the American
travel industry, a permanent program should not be authorized if the
program posed a threat to the safety and well-being of the United
States or exposed our country to situations in which large numbers of
aliens could use the program to circumvent our immigration laws.
The current requirement that participating countries have a machine
readable passport has been strengthened by establishing a date certain
for all countries in the program to implement such a machine readable
passport. Some countries that have been in the program for nearly 10
years still have not introduced the machine readable passport they
committed to develop as a condition of their entry into the program.
Setting a deadline that is firm is reasonable and fair.
H.R. 3767 also addresses what has been a major concern about the visa
waiver program, the inability of the INS to monitor overstays by visa
waiver travelers. Because the INS has failed to establish a credible
system for calculating or estimating overstay rates, the only mechanism
in the current statute for monitoring the compliance of countries in
the program does not work. Thus, there has been a concern that once a
country entered the program, it would be in forever, even if conditions
in the country deteriorated and nationals of the country began to abuse
the program.
H.R. 3767 requires the INS to develop a fully automated system for
tracking the entry and departure of visa waiver travelers entering by
air and sea, which is approximately 98 percent of all visa waiver pilot
program travelers. Such a system could easily build on existing
technology used to develop the advanced passenger information system,
which INS has developed in cooperation with the airlines. Once the
automated tracking system is in place, the information it produces can
be used to calculate overstay rates and visas.
H.R. 3767 also establishes procedures for periodic reviews of
countries already in the program and for dealing with emergency
situations should they arise. Such procedures are an absolute necessity
to ensure a permanent visa waiver program does not pose a threat to the
law enforcement and security interests of the United States.
Once again, Mr. Speaker, I urge my colleagues to support this
permanent program of the visa waiver and, to make sure that we have a
good program, we need to include the provisions that I have mentioned.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, I am pleased to be an original
cosponsor of the Visa Waiver Permanent Program Act. I want to commend
the subcommittee chairman, the gentleman from Texas (Mr. Smith) and his
staff for working with me and my staff to make the appropriate changes
that will encourage and expand tourism to the United States while at
the same time protecting our Nation and its citizens.
The Visa Waiver Pilot Program was created by Congress to allow short-
term visitors to travel to the United States without having to obtain a
visitor visa, thereby encouraging and facilitating international
tourism to the United States. This program is not only about
immigration, it is about jobs and trade. International tourism to the
U.S. in 1999 resulted in 47 million visitors, $95 billion in
expenditures, and produced 1 million direct U.S. jobs.
The positive economic impact of this bill can be seen in my home
State and in my district. Texas ranks fourth in the Nation in overall
visitor spending and also ranks fourth in the Nation for having the
greatest number of visitors who included an historical place or event
on their trip. Nearly 19 million visitors traveled to the greater
Houston area in 1997; and in 1996, visitors spent just under $5
billion, which resulted in 85,000 tourism-related jobs in the area.
Many of those include our international travelers.
I also feel it is very important to remind my colleagues that as home
to NASA's Johnson Space Center, Six Flags AstroWorld, the world's first
domed stadium, and now Enron Field, we hope Texas, along with every
other State in the Union, will continue to draw international visitors.
I am confident that I have the support of the subcommittee chairman on
that statement, being that he is from Texas.
It is time to take the pilot out of this program. H.R. 3767 makes
this program permanent. A permanent program will give our international
program participants the certainty and continuity they deserve. The
State Department, the Travel Industry Association of America, and the
National Governors' Association all support a permanent visa waiver
program.
In the full committee markup, I was able to add language that would
substitute the word terminate wherever the word rescind appears. This
would make the loss of the visa waiver privilege prospective from the
date on which the termination goes into effect. The bill also provides
any national who is in the United States when the privilege is
terminated would be permitted to remain lawfully until the end of the
period for which he or she was admitted. This would be less disruptive
to the individual who actually came into this country legally and
something occurred that would intervene and cause their nation not to
be part of the program anymore.
Another unintended consequence could occur if the provisions for
reinstatement of the visa privilege are not modified. If renewal of the
privilege is sought after it has been taken away for cause, H.R. 3767
would require the country to meet the same standards that have to be
met for an initial grant of the privilege. This includes showing that
the average number of refusals for nonimmigrant visitor visas for the
previous two fiscal years was less than 3 percent of the total number
of visas that was requested for that period.
A country that has just had the visa waiver privilege taken away
would not have a record of visa requests to base such a statistic on.
Its nationals would have been entering the United States without visas
pursuant to the privilege. Consequently, such a country would not be
able to satisfy this requirement for at least 2 years.
[[Page H2039]]
This bill authorizes the Attorney General to redesignate the country
when 6 months has elapsed since the effective date of the termination,
the emergency that caused the termination has ended, and the average
number of refusals of nonimmigrant visitor visas for nationals of that
country during the termination period was less than 3.0 percent of the
total number of nonimmigrant visitor visas for the nationals of that
country which were granted or refused during such period.
H.R. 3767 also provides that the designation of any country shall be
considered terminated if a report on whether the privilege should be
continued is not submitted every 5 years. The bill would require the
Attorney General to reinstate the country when the required report is
submitted. Of course, this would only apply if the report concludes
that the country should continue as a program country.
In committee, Mr. Speaker, we had a very, very strong and vigorous
debate about the various conditions for admission to the visa waiver
program. No more than 3 percent of a country's applications for U.S.
nonimmigrant visas can be refused. Currently, no countries in the
Caribbean or Africa meet this threshold. I am troubled by this reality
and will continue to work with the State Department and my colleagues,
including the gentleman from North Carolina (Mr. Watt), to remedy this
problem. We must still study why all the applicants for the visa waiver
program in Africa and the Caribbean are being refused.
The bill now prohibits the inclusion of any visa denied by the
Department of State on certain other criteria such as race, sex, sexual
orientation or disability when calculating the visa refusal rate to
determine a country's eligibility.
The committee report language notes that it would be a violation of
deeply-rooted American principles of equality of treatment and fair
play to make determinations regarding visa eligibility based upon
existing discriminatory criteria. We need to fix that.
Lastly, I am also very pleased to learn that an emerging and
increasingly important trading partner, South Africa, already complies
with one of the new provisions H.R. 3767 has in it, in that the country
already issues machine readable passports to its citizens. As recently
as 4 years ago, South Africa had a visa refusal rate of less than 3
percent.
{time} 1330
I would like to encourage the Department of State and the INS,
through its Interagency Working Group, to consider South Africa as a
possible candidate in the near future, I might add, in the very near
future.
Interest into the Visa Waiver Program could help in attracting many
more visitors from that great nation, and we should look at the
concerns I have with respect to other developing world countries. And
it would help to demonstrate our commitment to be a strong trade
partner and a friend of South Africa.
In conclusion, Mr. Speaker, as we work through this legislation to
fix other aspects of it, I urge Members to support H.R. 3767 in order
to make the Visa Waiver Pilot Program permanent.
Mr. Speaker, I am pleased to be an original co-sponsor of H.R. 3767,
the Visa Waiver Permanent Program Act. I want to commend Subcommittee
Chairman Smith and his staff for working with me and my staff to make
the appropriate changes that will encourage and expand tourism to the
United States while at the same time protecting our nation and its
citizens.
The Visa Waiver Pilot Program was created by Congress to allow short-
term visitors to travel to the U.S. without having to obtain a visitor
visa, thereby encouraging and facilitating international tourism to the
United States. This program is not only about immigration, it is about
jobs and trade. International tourism to the U.S. in 1999 resulted in
47 million visitors, $95 billion in expenditures, and produced 1
million direct U.S. jobs.
The positive economic impact of this bill can be seen in my home
state and in my district. Texas ranks 4th in the nation in overall
visitor spending, and also ranks 4th in the nation for having the
greatest number of visitors who included a historical place or cultural
event on their trip. Nearly 19 million visitors traveled to the Greater
Houston area in 1997, and in 1996 visitors spent just under $5 billion,
which resulted in 85,000 tourism-related jobs in the area. I also feel
it is very important to remind my colleagues that as home to NASA's
Johnson Space Center, Six flags Astro World, and the world's first
domed stadium--Houston and Texas--will continue to be a strong draw for
international visitors. I am confident that I have Chairman Smith's
support on this statement.
It is time to take the ``pilot'' out of this program. H.R. 3767 makes
this program permanent. A permanent program will give our international
program participants the certainty and continuity they deserve. The
State Department, the Travel Industry Association of America, and the
National Governors' Association, all support a permanent Visa Waiver
Program.
In the Full Committee mark-up I was able to add language that would
substitute the word ``terminate'' wherever the word ``rescind''
appears. This would make the loss of the visa waiver privilege
prospective from the date on which the termination goes into effect.
The bill also provides that any national who is in the United States
when the privilege is terminated would be permitted to remain lawfully
until the end of the period for which he or she was admitted.
Another unintended consequence could occur if the provisions for
reinstatement of the visa waiver privilege are not modified. If renewal
of the privilege is sought after it has been taken away for cause, H.R.
3767 would require the country to meet the same standards that have to
be met for an initial grant of the privilege. This includes showing
that the average number of refusals for nonimmigrant visitor visas for
the previous two fiscal years was less than 3% of the total number of
visas that were requested for that period. A country that has just had
the visa waiver privilege taken away would not have a record of visa
requests to base such a statistic on. Its nationals would have been
entering the United States without visas pursuant to the privilege.
Consequently, such a country would not be able to satisfy this
requirement for at least two years.
This bill authorizes the Attorney General to redesignate the country
when six months have elapsed since the effective date of the
termination; the emergency that caused the termination has ended; and
the average number of refusals of nonimmigrant visitor visas for
nationals of that country during the termination period was less than
3.0% of the total number of nonimmigrant visitor visas for nationals of
that country which were granted or refused during such period.
H.R. 3767 also provides that the designation of any country shall be
considered terminated if a report on whether the privilege should be
continued is not submitted every five years. The bill would require the
Attorney General to reinstate the country when the required report is
submitted. Of course, this would only apply if the report concludes
that the country should continue as a program country.
In committee, Mr. Speaker, we had a heavy debate about the various
conditions for admission to the visa waiver program. No more than 3% of
a country's applications for U.S. non-immigrant visas can be refused.
Currently, no countries in the Caribbean or Africa meet this threshold.
I am troubled by this reality, and will continue to work with the
Department of State to try to remedy this problem. We must still study
why all the applicants for the visa waiver program in Africa and the
Caribbean are being refused. The bill now prohibits the inclusion of
any visa denied by the Department of State on the basis of race, sex,
sexual orientation or disability--when calculating the visa refusal
rate for determining the eligibility of a country for the waiver
program. The Committee report language notes that it would be a
violation of deeply-rooted American principles of equality of treatment
and fair play to make determinations regarding visa eligibility based
on discriminatory criteria.
Lastly, I am also very pleased to learn that an emerging and
increasingly important trading partner, South Africa, already complies
with one of the new provisions in H.R. 3767, in that the country
already issues machine readable passports to its citizens. As recently
as four years ago, South Africa had a visa refusal rate of less than
3%, and I would like to encourage the Department of State and the INS,
through its Inter-Agency Working Group, to consider South Africa as a
possible candidate in the near future. Entrance into the Visa Waiver
Program could help in attracting many more visitors from that great
nation, and would help to demonstrate our commitment to be a strong
trade partner and friend.
In conclusion, Mr. Speaker, I urge Members to support H.R. 3767 in
order to make the Visa Waiver Pilot Program permanent.
Mr. SMITH of Texas. Mr. Speaker, I have no other speakers, and I
reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield 4 minutes to the
gentleman from North Carolina (Mr. Watt).
Mr. WATT of North Carolina. Mr. Speaker, I thank the gentlewoman for
yielding me the time.
Mr. Speaker, let me say up front that I intend to vote for this bill.
I voted for
[[Page H2040]]
it in the committee, and I will vote for it on the floor.
The notion of having a Visa Waiver Program is a good and honorable
notion that I think all of us support. But I think we would be less
than fair with our colleagues if we did not say up front that the
criteria which is currently being used for countries to get into the
Visa Waiver Program are not the right criteria.
Right now we are letting countries into the Visa Waiver Program based
on the visa refusal rate that countries have experienced. And,
unfortunately, there are a number of instances where that refusal rate
is colored by considerations that ought not go into the evaluation: the
race of applicants, the economic status of applicants, various biases
that people who are considering whether to grant a visa or not are
being taken into account. This is not the correct criteria.
The criteria which should be being used is whether people who come to
our country overstay their visa authority in our country. We are trying
to move to a system that evaluates that, and we do not have that system
in place.
Now, the gentleman from Texas (Chairman Smith) said 14 years is a
long time to have a pilot program. The reason we have had a pilot
program for 14 years is we have been working on this system, the valid
reliable system that we ought to be using to determine whether
countries are included in the Visa Waiver Program, for 14 years; and we
still do not have the system in place.
The problem that I have with calling this a permanent program is that
we, in effect, then are sanctioning the process or impliedly
sanctioning the process of considering visa denials, which then
sanctions the biases that are in that whole denial and approval
process. And that is troubling to me.
So while I will support this bill, it is with the express
understanding that we are moving to a system of evaluating visa
overstays which ought to be the criteria for determining whether a
country gets into this program or not, not some arbitrary race bias or
economic bias or other biased process that quite often is the basis for
refusing a visa in a source country in the first place.
That having been said, this is a program that is worthwhile. We hope
we get the criteria right at some point, and I do encourage my
colleagues to vote for the program even though I still have
reservations about the criteria that we will be using on a short-term
basis.
Ms. JACKSON-LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I simply say that I associate myself with the comments
of the distinguished gentleman from North Carolina (Mr. Watt) and
acknowledge that we must continue to work through these issues that
play into the discriminatory aspects of the law.
I would hope that, as we have cleared up discrimination in the United
States with legislation and not cleared it up in totality but cleared
it up with at least a statement of being in opposition to
discrimination on race, sex, sexual orientation, disability, that we
would find the ability to do so and carry through on this issue of
visas.
I would hope that we will continue the discussion on this legislation
and, as well, that we will see the implementation of this program as a
permanent program to be of value economically to the United States as
well as to increase the very positive relations that we have with many
of those nations who are on this visa list.
I would see us improving relations even more with our friends in the
Caribbean, with our friends in Africa, and our friends additionally in
South America and other parts who have not had this privilege if we can
make determinations on overstays along with the issues of refusal
rates.
With that, I would ask my colleagues to support this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I just want to acknowledge the legitimate point made by
our colleague, the gentleman from North Carolina (Mr. Watt), a minute
ago. We do, in fact, need a better program to determine the visa
overstay rates.
Mr. McCOLLUM. Mr. Speaker, I rise today to support the travel and
tourism industry and to support legislation to make permanent the Visa
Waiver Pilot Program. I am fortunate to represent one of the most
popular tourist destinations in the country, Orlando, Florida. Over 38
million people visit the Orlando area each year, creating a total
economic impact of more than $17 billion. Nearly 3 million of these
visitors are from overseas, coming to Florida from Western Europe,
South America and the Far East. Those visitors are essential to the
local economy and well-being of the state of Florida.
Travel and tourism is one of the nation's top three industries
providing jobs spanning across our communities, from employees at theme
parks, museums, airlines, car rental companies, food service and
hotels. The Visa Waiver program, which encourages international travel
to the United States by waiving the visitor visa requirements for 29
countries, has added to the growth in overseas tourism. Frequent
reauthorization of the pilot program creates confusion for those who
work in the tourism industry and for individual travelers. H.R. 3767
makes this critical program permanent and also adds security
enhancements that will make the program even more secure. Passage of
this bill is a win-win for Congress and makes winners of the millions
of constituents who work in the travel and tourism industry.
Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Pease). The question is on the motion
offered by the gentleman from Texas (Mr. Smith) that the House suspend
the rules and pass the bill, H.R. 3767, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________