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ally accepted standard for machine read-
ability.
‘‘(ii) DEADLINE
FOR
COMPLIANCE
FOR CERTAIN COUNTRIES.—In the case of
a country designated as a program country
under this subsection prior to May 1,
2000, as a condition on the continuation of
that designation, the country—
‘‘(I) shall certify, not later than
October 1, 2000, that it has a pro-
gram to issue machine-readable pass-
ports to its citizens not later than Oc-
tober 1, 2003; and
‘‘(II) shall satisfy the require-
ment of clause (i) not later than Octo-
ber 1, 2003.’’.
SEC. 203. DENIAL OF PROGRAM WAIVER BASED ON
GROUND OF INADMISSIBILITY.
(a) IN GENERAL.—Section 217(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1187(a)), as amended
by section 202, is further amended by adding at the end
the following:
‘‘(9) AUTOMATED SYSTEM CHECK.—The iden-
tity of the alien has been checked using an auto-
mated electronic database containing information
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about the inadmissibility of aliens to uncover any
grounds on which the alien may be inadmissible to
the United States, and no such ground has been
found.’’.
(b) VISA APPLICATION SOLE METHOD TO DISPUTE
DENIALS OF WAIVER BASED ON GROUND OF INADMIS-
SIBILITY.—Section 217 of the Immigration and Nation-
ality Act (8 U.S.C. 1187), as amended by section
101(a)(6) of this Act, is further amended by adding at
the end the following:
‘‘(g) VISA APPLICATION SOLE METHOD
OF DIS-
PUTING GROUND OF INADMISSIBILITY FOUND IN AUTO-
MATED SYSTEM.—In the case of an alien denial a waiver
under the program by reason of a ground of inadmis-
sibility uncovered through a written or verbal statement
by the alien or a use of an automated electronic database
required under subsection (a)(9), the alien may apply for
a visa at an appropriate consular office outside the United
States. There shall be no other means of administrative
or judicial review of such a denial, and no court or person
otherwise shall have jurisdiction to consider any claim at-
tacking the validity of such a denial.’’.
(c) PAROLE AUTHORITY.—Section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5))
is amended—
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(1) in subparagraph (A), by striking ‘‘subpara-
graph (B)’’ and inserting ‘‘subparagraph (B) or
(C)’’; and
(2) by adding at the end the following:
‘‘(C) The Attorney General may not parole into
the United States an alien who has applied under section
217 for a waiver of the visa requirement, and has been
denied such waiver by reason of a ground of inadmis-
sibility uncovered through a written or verbal statement
by the alien or a use of an automated electronic database
required under section 217(a)(9), unless the Attorney
General determines that compelling reasons in the public
interest, or compelling health considerations, with respect
to that particular alien require that the alien be paroled
into the United States.’’.
SEC. 204. EVALUATION OF EFFECT OF COUNTRY’S PARTICI-
PATION ON LAW ENFORCEMENT AND SECU-
RITY.
(a) INITIAL DESIGNATION.—Section 217(c)(2)(C) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1187(c)(2)(C)) is amended to read as follows:
‘‘(C) LAW ENFORCEMENT AND SECURITY
INTERESTS.—The Attorney General, in con-
sultation with the Secretary of State—
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‘‘(i) evaluates the effect that the coun-
try’s designation would have on the law en-
forcement and security interests of the
United States (including the interest in en-
forcement of the immigration laws of the
United States);
‘‘(ii) determines that such interests
would not be compromised by the designa-
tion of the country; and
‘‘(iii) submits a written report to the
Committee on the Judiciary of the United
States House of Representatives and of the
Senate regarding the country’s qualifica-
tion for designation that includes an expla-
nation of such determination.’’.
(b) 
CONTINUATION
OF
DESIGNATION.—Section
217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)) is amended by adding at the end the following:
‘‘(5) WRITTEN REPORTS ON CONTINUING QUAL-
IFICATION; DESIGNATION TERMINATIONS.—
‘‘(A) PERIODIC EVALUATIONS.—
‘‘(i) 
IN
GENERAL.—The 
Attorney
General, in consultation with the Secretary
of State, periodically (but not less than
once every 5 years)—
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‘‘(I) shall evaluate the effect of
each program country’s continued
designation on the law enforcement
and security interests of the United
States (including the interest in en-
forcement of the immigration laws of
the United States);
‘‘(II) shall determine whether any
such designation ought to be contin-
ued or terminated under subsection
(d); and
‘‘(III) shall submit a written re-
port to the Committee on the Judici-
ary of the United States House of
Representatives and of the Senate re-
garding the continuation or termi-
nation of the country’s designation
that includes an explanation of such
determination and the effects de-
scribed in subclause (I).
‘‘(ii) EFFECTIVE
DATE.—A termi-
nation of the designation of a country
under this subparagraph shall take effect
on the date determined by the Attorney
General, but may not take effect before the
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end of the 30-day period beginning on the
date on which notice of the termination is
published in the Federal Register.
‘‘(iii) REDESIGNATION.—In the case
of a termination under this subparagraph,
the Attorney General shall redesignate the
country as a program country, without re-
gard to subsection (f) or paragraph (2) or
(3), when the Attorney General, in con-
sultation with the Secretary of State, de-
termines that all causes of the termination
have been eliminated.
‘‘(B) AUTOMATIC TERMINATION.—
‘‘(i) REQUIREMENT.—On and after
October 1, 2005, the designation of any
program country with respect to a report
described in subparagraph (A)(i)(III) has
not been submitted in accordance with
such subparagraph during the preceding 5
years shall be considered terminated.
‘‘(ii) EFFECTIVE
DATE.—A termi-
nation of the designation of a country
under this subparagraph shall take effect
on the last day of the 5-year period de-
scribed in clause (i).
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‘‘(iii) REDESIGNATION.—In the case
of a termination under this subparagraph,
the Attorney General shall redesignate the
country as a program country, without re-
gard to subsection (f) or paragraph (2) or
(3), when the required report is submitted,
if the report includes a determination by
the Attorney General that the country
should continue as a program country.
‘‘(C) EMERGENCY TERMINATION.—
‘‘(i) IN GENERAL.—In the case of a
program country in which an emergency
occurs that the Attorney General, in con-
sultation with the Secretary of State, de-
termines threatens the law enforcement or
security interests of the United States (in-
cluding the interest in enforcement of the
immigration laws of the United States),
the Attorney General shall immediately
terminate the designation of the country as
a program country.
‘‘(ii) DEFINITION.—For purposes of
clause (i), the term ‘emergency’ means—
‘‘(I) the overthrow of a democrat-
ically elected government;
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‘‘(II) war (including undeclared
war, civil war, or other military activ-
ity);
‘‘(III) disruptive social unrest;
‘‘(IV) a severe economic or finan-
cial crisis; or
‘‘(V) any other extraordinary
event that threatens the law enforce-
ment or security interests of the
United States (including the interest
in enforcement of the immigration
laws of the United States).
‘‘(iii) REDESIGNATION.—The Attorney
General may redesignate the country as a
program country, without regard to sub-
section (f) or paragraph (2) or (3), when
the Attorney General determines that—
‘‘(I) at least 6 months have
elapsed since the effective date of the
termination;
‘‘(II) the emergency that caused
the termination has ended; and
‘‘(III) the average number of re-
fusals of nonimmigrant visitor visas
for nationals of that country during
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the period of termination under this
subparagraph was less than 3.0 per-
cent of the total number of non-
immigrant visitor visas for nationals
of that country which were granted or
refused during such period.
‘‘(D) TREATMENT OF NATIONALS AFTER
TERMINATION.—For 
purposes 
of 
this
paragraph—
‘‘(i) nationals of a country whose des-
ignation is terminated under subparagraph
(A), (B), or (C) shall remain eligible for a
waiver under subsection (a) until the effec-
tive date of such termination; and
‘‘(ii) a waiver under this section that
is provided to such a national for a period
described in subsection (a)(1) shall not, by
such a designation termination, be deemed
to have been rescinded or otherwise ren-
dered invalid, if the waiver is granted prior
to such termination.’’.
SEC. 205. USE OF INFORMATION TECHNOLOGY SYSTEMS.
(a) IN GENERAL.—Section 217 of the Immigration
and Nationality Act (8 U.S.C. 1187), as amended by sec-
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tion 203(b), is further amended by adding at the end the
following:
‘‘(h) USE
OF
INFORMATION
TECHNOLOGY
SYS-
TEMS.—
‘‘(1) AUTOMATED ENTRY-EXIT CONTROL SYS-
TEM.—
‘‘(A) SYSTEM.—Not later than October 1,
2001, the Attorney General shall develop and
implement a fully automated entry and exit
control system that will collect a record of ar-
rival and departure for every alien who arrives
by sea or air at a port of entry into the United
States and is provided a waiver under the pro-
gram.
‘‘(B) REQUIREMENTS.—The system under
subparagraph (A) shall satisfy the following re-
quirements:
‘‘(i) DATA
COLLECTION
BY
CAR-
RIERS.—Not later than October 1, 2001,
the records of arrival and departure de-
scribed in subparagraph (A) shall be
based, to the maximum extent practicable,
on passenger data collected and electroni-
cally transmitted to the automated entry
and exit control system by each carrier
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that has an agreement under subsection
(a)(4).
‘‘(ii) 
DATA
PROVISION
BY
CAR-
RIERS.—Not later than October 1, 2002,
no waiver may be provided under this sec-
tion to an alien arriving by sea or air at
a port of entry into the United States on
a carrier unless the carrier is electronically
transmitting to the automated entry and
exit control system passenger data deter-
mined by the Attorney General to be suffi-
cient to permit the Attorney General to
carry out this paragraph.
‘‘(iii) 
CALCULATION.—The 
system
shall contain sufficient data to permit the
Attorney General to calculate, for each
program country and each fiscal year, the
portion of nationals of that country who
are described in subparagraph (A) and for
whom no record of departure exists, ex-
pressed as a percentage of the total num-
ber of such nationals who are so described.
‘‘(C) REPORTING.—
‘‘(i) 
PERCENTAGE
OF
NATIONALS
LACKING DEPARTURE RECORD.—Not later