I

103D CONGRESS

2D SESSION H. R. 5041

To amend the Immigration and Nationality Act to continue the visa waiver

pilot program and to authorize, under certain conditions, the creation

of a probationary status for certain participants in the visa waiver

pilot program.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 13, 1994

Mr. MCCOLLUM (for himself, Mr. MACHTLEY, Mr. FRANK of Massachusetts,

Mr. MCCLOSKEY, and Mr. SCHUMER) introduced the following bill; which

was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to continue

the visa waiver pilot program and to authorize, under

certain conditions, the creation of a probationary status

for certain participants in the visa waiver pilot program.

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

3 SECTION 1. EXTENSION OF VISA WAIVER PILOT PROGRAM.

4 Section 217(f) of the Immigration and Nationality

5 Act (8 U.S.C. 1187(f)) is amended by striking ‘‘September

6 30, 1994’’ and inserting ‘‘September 30, 1996’’.
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1 SEC. 2. CREATION OF PROBATIONARY STATUS FOR PARTIC2 IPANT COUNTRIES IN THE VISA WAIVER PRO3 GRAM.

4 Section 217 of the Immigration and Nationality Act

5 (8 U.S.C. 1187) is amended—

6 (1) in subsection (a)(2)(B) by inserting before

7 the period ‘‘or is designated as a pilot program

8 country with probationary status under subsection

9 (g)’’.

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(g) PILOT PROGRAM COUNTRY WITH PROBATION13 ARY STATUS.—

14 ‘‘(1) IN GENERAL.—The Attorney General and

15 the Secretary of State acting jointly may designate

16 any country as a pilot program country with proba17 tionary status if it meets the requirements of para18 graph (2).

19 ‘‘(2) QUALIFICATIONS.—A country may not be

20 designated as a pilot program country with proba21 tionary status unless the following requirements are

22 met:

23 ‘‘(A) NONIMMIGRANT VISA REFUSAL RATE

24 FOR PREVIOUS 2-YEAR PERIOD.—The average

25 number of refusals of nonimmigrant visitor

26 visas for nationals of the country during the
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1 two previous full fiscal years was less than 3.5

2 percent of the total number of nonimmigrant

3 visitor visas for nationals of that country which

4 were granted or refused during those years.

5 ‘‘(B) NONIMMIGRANT VISA REFUSAL RATE

6 FOR PREVIOUS YEAR.—The number of refusals

7 of nonimmigrant visitor visas for nationals of

8 the country during the previous full fiscal year

9 was less than 3 percent of the total number of

10 nonimmigrant visitor visas for nationals of that

11 country which were granted or refused during

12 that year.

13 ‘‘(C) LOW EXCLUSIONS AND VIOLATIONS

14 RATE FOR PREVIOUS YEAR.—The sum of—

15 ‘‘(i) the total number of nationals of

16 that country who were excluded from ad17 mission or withdrew their application for

18 admission during such previous fiscal year

19 as a nonimmigrant visitor, and

20 ‘‘(ii) the total number of nationals of

21 that country who were admitted as non22 immigrant visitors during such previous

23 fiscal year and who violated the terms of

24 such admission,
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1 was less than 2.5 percent of the total number

2 of nationals of that country who applied for ad3 mission as nonimmigrant visitors during such

4 previous fiscal year.

5 ‘‘(D) MACHINE READABLE PASSPORT PRO6 GRAM.—The government of the country certifies

7 that it has or is in the process of developing a

8 program to issue machine-readable passports to

9 its citizens.

10 ‘‘(3) CONTINUING AND SUBSEQUENT QUALI11 FICATIONS FOR PILOT PROGRAM COUNTRIES WITH

12 PROBATIONARY STATUS.—The designation of a

13 country as a pilot program country with probation14 ary status shall terminate if either of the following

15 occurs:

16 ‘‘(A) The sum of—

17 ‘‘(i) the total number of nationals of

18 that country who were excluded from ad19 mission or withdrew their application for

20 admission during the preceding fiscal year

21 as a nonimmigrant visitor, and

22 ‘‘(ii) the total number of nationals of

23 that country who were admitted as visitors

24 during the preceding fiscal year and who

25 violated the terms of such admission,
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1 is more than 2.0 percent of the total number of

2 nationals of that country who applied for ad3 mission as nonimmigrant visitors during such

4 preceding fiscal year.

5 ‘‘(B) The country is not designated as a

6 pilot program country under subsection (c)

7 within 3 fiscal years of its designation as a pilot

8 program country with probationary status

9 under this subsection.’’.

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