[Congressional Record Volume 143, Number 131 (Friday, September 26, 1997)]
[Senate]
[Pages S10026-S10028]
From the Congressional Record Online through the Government Printing 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.
____________________