II

106TH CONGRESS

2D SESSION S. 2367

To amend the Immigration and Nationality Act to make improvements to,

and permanently authorize, the visa waiver pilot program under that Act.

IN THE SENATE OF THE UNITED STATES

APRIL 5, 2000

Mr. ABRAHAM (for himself, Mr. KENNEDY, Mr. LEAHY, Mr. DEWINE, Mr.

JEFFORDS, Mr. AKAKA, Mr. GRAHAM, and Mr. INOUYE) introduced the

following bill; which was read twice and referred to the Committee on the

Judiciary

A BILL

To amend the Immigration and Nationality Act to make

improvements to, and permanently authorize, the visa

waiver pilot program under that Act.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Travel, Tourism, and

5 Jobs Preservation Act’’.
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1 TITLE I—PERMANENT PROGRAM

2 AUTHORIZATION

3 SEC. 101. ELIMINATION OF PILOT PROGRAM STATUS.

4 (a) IN GENERAL.—Section 217 of the Immigration

5 and Nationality Act (8 U.S.C. 1187) is amended—

6 (1) in the section heading, by striking ‘‘PILOT’’;

7 (2) in subsection (a)—

8 (A) in the subsection heading, by striking

9 ‘‘PILOT’’;

10 (B) in the matter preceding paragraph (1),

11 by striking ‘‘pilot’’ both places it appears;

12 (C) in paragraph (1), by striking ‘‘pilot

13 program (as defined in subsection (e))’’ and in14 serting ‘‘program’’;

15 (3) in subsection (b), in the matter preceding

16 paragraph (1), by striking ‘‘pilot’’;

17 (4) in subsection (c)—

18 (A) in the subsection heading, by striking

19 ‘‘PILOT’’;

20 (B) in paragraph (1), by striking ‘‘pilot’’;

21 (C) in paragraph (2)—

22 (i) by striking ‘‘subsection (g)’’ and

23 inserting ‘‘subsection (f)’’; and

24 (ii) by striking ‘‘pilot’’;

25 (D) in paragraph (3)—
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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘(within the pilot

3 program period)’’;

4 (ii) in subparagraph (A), in the mat5 ter preceding clause (i), by striking ‘‘pilot’’

6 both places it appears;

7 (iii) in subparagraph (B), by striking

8 ‘‘pilot’’;

9 (5) in subsection (e)—

10 (A) in the matter preceding subparagraph

11 (A), by striking ‘‘pilot’’;

12 (B) in subparagraph (B), by striking

13 ‘‘pilot’’;

14 (6) by striking subsection (f) and redesignating

15 subsection (g) as subsection (f); and

16 (7) in subsection (f) (as so redesignated)—

17 (A) in paragraph (1)(A), by striking

18 ‘‘pilot’’;

19 (B) in paragraph (1)(C), by striking

20 ‘‘pilot’’;

21 (C) in paragraph (2)(A), by striking

22 ‘‘pilot’’ both places it appears;

23 (D) in paragraph (3), by striking ‘‘pilot’’;

24 and
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1 (E) in paragraph (4)(A), by striking

2 ‘‘pilot’’.

3 (b) CONFORMING AMENDMENT.—Clause (iv) of sec4 tion 212(a)(7)(B) of the Immigration and Nationality Act

5 (8 U.S.C. 1182(a)(7)(B)(iv)) is amended—

6 (1) in the clause heading, by striking ‘‘PILOT’’;

7 and

8 (2) by striking ‘‘pilot’’.

9 TITLE II—PROGRAM

10 IMPROVEMENTS

11 SEC. 201. EXTENSION OF RECIPROCAL PRIVILEGES.

12 Section 217(a)(2)(A) of the Immigration and Nation13 ality Act (8 U.S.C. 1187(a)(2)(A)) is amended by insert14 ing ‘‘, either on its own or in conjunction with one or more

15 other countries that are designated under subparagraph

16 (B) and that have established with the country a common

17 area for immigration admissions,’’ after ‘‘to extend)’’.

18 SEC. 202. MACHINE READABLE PASSPORT PROGRAM.

19 (a) REQUIREMENT OF ALIEN.—

20 (1) MACHINE READABLE PASSPORT.—Section

21 217(a) of the Immigration and Nationality Act (8

22 U.S.C. 1187(a)) is amended—

23 (A) by redesignating paragraphs (3)

24 through (7) as paragraphs (4) through (8), re25 spectively; and
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1 (B) by inserting after paragraph (2) the

2 following:

3 ‘‘(3) MACHINE READABLE PASSPORT.—The

4 alien at the time of application for admission is in

5 possession of a valid unexpired machine-readable

6 passport that satisfies the internationally accepted

7 standard for machine readability.’’.

8 (2) EFFECTIVE DATE.—The amendment made

9 by paragraph (1)(B) shall apply to applications for

10 admission that are made on or after October 1,

11 2008.

12 (b) REQUIREMENT OF COUNTRY.—Section

13 217(c)(2)(B) of the Immigration and Nationality Act (8

14 U.S.C. 1187(c)(2)(B)) is amended to read as follows:

15 ‘‘(B) MACHINE READABLE PASSPORT PRO16 GRAM.—

17 ‘‘(i) IN GENERAL.—Subject to clause

18 (ii), the government of the country certifies

19 that it issues to its citizens machine-read20 able passports that satisfy the inter21 national accepted standard for machine

22 readability.

23 ‘‘(ii) DEADLINE FOR COMPLIANCE

24 FOR CERTAIN COUNTRIES.—In the case of

25 a country designated as a program country
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1 under this subsection prior to May 1,

2 2000, as a condition on the continuation of

3 that designation, the country—

4 ‘‘(I) shall certify not later than

5 October 1, 2001, that it has a pro6 gram to issue machine-readable pass7 ports to its citizens not later than Oc8 tober 1, 2003; and

9 ‘‘(II) shall satisfy the require10 ment in clause (i) not later than Octo11 ber 1, 2003.’’.

12 SEC. 203. EVALUATION OF EFFECT OF COUNTRY’S PARTICI13 PATION ON LAW ENFORCEMENT AND NA14 TIONAL SECURITY.

15 (a) INITIAL DESIGNATION.—Section 217(c)(2)(C) of

16 the Immigration and Nationality Act (8 U.S.C.

17 1187(c)(2)(C)) is amended to read as follows:

18 ‘‘(C) LAW ENFORCEMENT AND NATIONAL

19 SECURITY INTERESTS.—The Attorney General,

20 in consultation with the Secretary of State—

21 ‘‘(i) evaluates the effect that the coun22 try’s designation would have on the law en23 forcement and national security interests

24 of the United States (including the interest
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1 in enforcement of the immigration laws of

2 the United States);

3 ‘‘(ii) determines that such interests

4 would not be compromised by the designa5 tion of the country; and

6 ‘‘(iii) submits a written report to the

7 Committee on the Judiciary of the United

8 States House of Representatives and of the

9 Senate regarding the country’s qualifica10 tion for designation that includes an expla11 nation of such determination.’’.

12 (b) CONTINUATION OF DESIGNATION.—Section

13 217(c) of the Immigration and Nationality Act (8 U.S.C.

14 1187(c)) is amended by adding at the end the following:

15 ‘‘(5) WRITTEN REPORTS ON CONTINUATION

16 QUALIFICATIONS; DESIGNATION RESCISSIONS.—

17 ‘‘(A) PERIODIC EVALUATIONS.—The Attor18 ney General, in consultation with the Secretary

19 of State, periodically (but not less than once

20 every 5 years)—

21 ‘‘(i) shall evaluate the effect of each

22 program country’s continued designation

23 on the law enforcement and national secu24 rity interests of the United States (includ-
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1 ing the interest in enforcement of the im2 migration laws of the United States);

3 ‘‘(ii) shall determine whether any such

4 designation ought to be continued or re5 scinded under subsection (d); and

6 ‘‘(iii) shall submit a written report to

7 the Committee on the Judiciary of the

8 United States House of Representatives

9 and of the Senate regarding the continu10 ation or rescission of the country’s des11 ignation that includes an explanation of

12 such determination and the effects de13 scribed in clause (i).

Æ