I

103D CONGRESS

2D SESSION H. R. 4413

To amend the Immigration and Nationality Act to make permanent the

visa waiver program and to authorize, under certain conditions, the

designation of the European Union as a visa waiver program country.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1994

Mr. MAZZOLI (for himself and Mr. FRANK of Massachusetts) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to make

permanent the visa waiver program and to authorize,

under certain conditions, the designation of the European

Union as a visa waiver program country.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PERMANENT VISA WAIVER PROGRAM.

4 Section 217 of the Immigration and Nationality Act

5 (8 U.S.C. 1187) is amended—

6 (1) by amending the section heading to read as

7 follows:
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1 ‘‘VISA WAIVER PROGRAM FOR CERTAIN VISITORS’’;

2 (2) in the heading of subsection (a), (a)(2), and

3 (c) by striking ‘‘PILOT’’ and ‘‘PILOT’’ each place ei4 ther appears and inserting ‘‘VISA WAIVER’’ and

5 ‘‘VISA WAIVER’’, respectively;

6 (3) in subsection (a)(1) by striking ‘‘during the

7 pilot program period (as defined in subsection (e)),’’;

8 (4) in subsection (c)(3) by striking ‘‘(within the

9 pilot program period) after the initial period’’;

10 (5) in subsection (c) by striking paragraph (4);

11 (6) in subsection (e)(1)(A) by striking

12 ‘‘(a)(1)(A)’’ and inserting ‘‘(a)(1)’’;

13 (7) by striking ‘‘pilot’’ each place it appears

14 and inserting ‘‘visa waiver’’; and

15 (8) by striking subsection (f).

16 SEC. 2. TREATMENT OF CERTAIN MEMBER STATES OF EU17 ROPEAN UNION UNDER THE VISA WAIVER

18 PROGRAM.

19 Section 217(c) of the Immigration and Nationality

20 Act (8 U.S.C. 1187(c)) is amended by adding at the end

21 the following new paragraph:

22 ‘‘(4) DESIGNATION OF CERTAIN MEMBER

23 STATES OF EUROPEAN UNION.—

24 ‘‘(A) IN GENERAL.—A country that is, and

25 has been since January 1, 1994, a member
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1 state of the European Union may be designated

2 as a visa waiver program country if it meets the

3 requirements of this paragraph and subpara4 graphs (C) and (D) of paragraph (2).

5 ‘‘(B) QUALIFICATIONS.—A member state

6 of the European Union may not be designated

7 as a visa waiver program country unless the fol8 lowing requirements are met:

9 ‘‘(i) LOW NONIMMIGRANT VISA RE10 FUSAL RATE FOR PREVIOUS 2-YEAR PE11 RIOD.—The average number of refusals of

12 nonimmigrant visitor visas for all nationals

13 of member states of the European Union

14 eligible for designation under subpara15 graph (A) during the two previous full fis16 cal years was less than 2.0 percent of the

17 total number of nonimmigrant visitor visas

18 for all nationals of such member states of

19 the European Union which were granted or

20 refused during that year.

21 ‘‘(ii) LOW NONIMMIGRANT VISA RE22 FUSAL RATE FOR EACH OF 2 PREVIOUS

23 YEARS.—The average number of refusals

24 of nonimmigrant visitor visas for all na25 tionals of member states of the European
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1 Union eligible for designation under sub2 paragraph (A) during either of such two

3 previous full fiscal years was less than 2.5

4 percent of the total number of non5 immigrant visitor visas for all nationals of

6 such member states of the European

7 Union which were granted or refused dur8 ing that year.

9 ‘‘(C) DATA.—In applying subparagraph

10 (B), data on visas granted or refused to nation11 als of a member state of the European Union

12 which has previously been designated shall be

13 the data used for purposes of the first designa14 tion of that member state under this subsection.

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