Home > 106th Congressional Bills > H.R. 3767 (enr) 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. [Enrolled bill] ...H.R. 3767 (enr) 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. [Enrolled bill] ...
106th CONGRESS
2d Session
H. R. 3767
_______________________________________________________________________
AN ACT
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.
106th CONGRESS
2d Session
H. R. 3767
_______________________________________________________________________
AN ACT
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
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