I

103D CONGRESS

2D SESSION H. R. 4707

To amend the Immigration and Nationality Act to make permanent the

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

designation of certain member states of the European Union as visa

waiver program countries.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1994

Mr. MACHTLEY 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 certain member states of the European Union as visa waiver program

countries.

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 ELIGIBLE MEMBER

11 STATES FOR PREVIOUS 2-YEAR PERIOD.—

12 The average number of refusals of non13 immigrant visitor visas for all nationals of

14 member states of the European Union eli15 gible for designation under subparagraph

16 (A) during the two previous full fiscal

17 years was less than 2.0 percent of the total

18 number of nonimmigrant visitor visas for

19 all nationals of such member states of the

20 European Union which were granted or re21 fused during that year.

22 ‘‘(ii) LOW NONIMMIGRANT VISA RE23 FUSAL RATE FOR ELIGIBLE MEMBER

24 STATES FOR EACH OF 2 PREVIOUS

25 YEARS.—The average number of refusals
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1 of nonimmigrant visitor visas for all na2 tionals of member states of the European

3 Union eligible for designation under sub4 paragraph (A) during either of such two

5 previous full fiscal years was less than 2.5

6 percent of the total number of non7 immigrant visitor visas for all nationals of

8 such member states of the European

9 Union which were granted or refused dur10 ing that year.

11 ‘‘(iii) LOW NONIMMIGRANT VISA RE12 FUSAL RATE FOR THAT MEMBER STATE

13 FOR EACH OF 2 PREVIOUS YEARS.—The

14 average number of refusals of non15 immigrant visitor visas for nationals of

16 that member state during either of such

17 two previous full fiscal years was less than

18 5 percent of the total number of non19 immigrant visitor visas for nationals of

20 that member state which were granted or

21 refused during that year.

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

23 (B), data on visas granted or refused to nation24 als of a member state of the European Union

25 which has previously been designated shall be
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1 the data used for purposes of the first designa2 tion of that member state under this sub3 section.’’.

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