Home > 106th Congressional Bills > H.R. 3767 (ih) 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. [Introduced in House] ...H.R. 3767 (ih) 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. [Introduced in House] ...
H.R.3767
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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, 2007,
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 To Dispute Denial of Waiver
Based on a Ground of Inadmissibility.--In the case of an alien denied a
waiver under the program by reason of a ground of inadmissibility
described in section 212(a) that is discovered at the time of the
alien's application for the waiver or through the 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.''.
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
and the existence and effectiveness of its agreements and
procedures for extraditing to the United States
individuals, including its own nationals, who commit crimes
that violate United States law);
``(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 and the Committee on International Relations
of the House of Representatives and the Committee on the
Judiciary and the Committee on Foreign Relations 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 and the existence and effectiveness
of its agreements and procedures for extraditing to the
United States individuals, including its own nationals,
who commit crimes that violate United States law);
``(II) shall determine, based upon the evaluation
in subclause (I), 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 and the Committee on
International Relations of the House of Representatives
and the Committee on the Judiciary and the Committee on
Foreign Relations 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, in
consultation with the Secretary of State.
``(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) 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) on the territory of the
program country;
``(III) a severe breakdown in law and order
affecting a significant portion of the program
country's territory;
``(IV) a severe economic collapse in the program
country; or
``(V) any other extraordinary event in the program
country 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) and where the country's participation in the
program could contribute to that threat.
``(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, in consultation with the Secretary of
State, 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.
``(C) Treatment of nationals after termination.--For
purposes of this paragraph--
``(i) nationals of a country whose designation is
terminated under subparagraph (A) or (B) 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 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 and departs 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).
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