HR 3767 PCS
than January 30 of each year (beginning
with the year 2003), the Attorney General
shall submit a written report to the Com-
mittee on the Judiciary of the United
States House of Representatives and of the
Senate containing the calculation described
in subparagraph (B)(iii) for each program
country for the previous fiscal year.
‘‘(ii) SYSTEM
EFFECTIVENESS.—Not
later than October 1, 2004, the Attorney
General shall submit a written report to
the Committee on the Judiciary of the
United States House of Representatives
and of the Senate containing the following:
‘‘(I) The conclusions of the At-
torney General regarding the effec-
tiveness of the automated entry and
exit control system to be developed
and implemented under this para-
graph.
‘‘(II) The recommendations of
the Attorney General regarding the
use of the calculation described in
subparagraph (B)(iii) as a basis for
evaluating whether to terminate or
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continue the designation of a country
as a program country.
‘‘(2) AUTOMATED DATA SHARING SYSTEM.—
‘‘(A) SYSTEM.—The Attorney General and
the Secretary of State shall develop and imple-
ment an automated data sharing system that
will permit them to share data in electronic
form from their respective records systems re-
garding the admissibility of aliens who are na-
tionals of a program country.
‘‘(B) REQUIREMENTS.—The system under
subparagraph (A) shall satisfy the following re-
quirements:
‘‘(i) SUPPLYING INFORMATION TO IM-
MIGRATION
OFFICERS
CONDUCTING
IN-
SPECTIONS
AT
PORTS
OF
ENTRY.—Not
later than October 1, 2002, the system
shall enable immigration officers con-
ducting inspections at ports of entry under
section 235 to obtain from the system,
with respect to aliens seeking a waiver
under the program—
‘‘(I) any photograph of the alien
that may be contained in the records
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of the Department of State or the
Service; and
‘‘(II) information on whether the
alien has ever been determined to be
ineligible to receive a visa or ineligible
to be admitted to the United States.
‘‘(ii) SUPPLYING
PHOTOGRAPHS
OF
INADMISSIBLE ALIENS.—The system shall
permit the Attorney General electronically
to obtain any photograph contained in the
records of the Secretary of State per-
taining to an alien who is a national of a
program country and has been determined
to be ineligible to receive a visa.
‘‘(iii) MAINTAINING RECORDS ON AP-
PLICATIONS FOR ADMISSION.—The system
shall maintain, for a minimum of 10 years,
information about each application for ad-
mission made by an alien seeking a waiver
under the program, including the following:
‘‘(I) The name of each immigra-
tion officer conducting the inspection
of the alien at the port of entry.
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‘‘(II) Any information described
in clause (i) that is obtained from the
system by any such officer.
‘‘(III) The results of the applica-
tion.’’.
(b) CONFORMING AMENDMENT.—Section 217(e)(1)
of the Immigration and Nationality Act (8 U.S.C.
1187(e)(1)) is amended—
(1) in subparagraph (B), by striking ‘‘and’’ at
the end;
(2) in subparagraph (C), by striking the period
at the end and inserting ‘‘, and’’; and
(3) by adding at the end the following:
‘‘(D) to collect, provide, and share pas-
senger data as required under subsection
(h)(1)(B).’’.
SEC. 206. CONDITIONS FOR VISA REFUSAL ELIGIBILITY.
Section 217(c) of the Immigration and Nationality
Act (8 U.S.C. 1187(c)), as amended by section 204(b) of
this Act, is further amended by adding at the end the fol-
lowing:
‘‘(6) COMPUTATION OF VISA REFUSAL RATES.—
For purposes of determining the eligibility of a coun-
try to be designated as a program country, the cal-
culation of visa refusal rates shall not include any
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visa refusals which incorporate any procedures based
on, or are otherwise based on, race, sex, sexual ori-
entation, or disability, unless otherwise specifically
authorized by law or regulation.’’.
Passed the House of Representatives April 11, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 524
106TH CONGRESS
2D SESSION
H. R. 3767
AN ACT
To amend the Immigration and Nationality Act to
make improvements to, and permanently author-
ize, the visa waiver pilot program under section
217 of such Act.
MAY 1, 2000
Read twice and placed on the calendar