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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF VISA WAIVER PILOT PROGRAM.
Section 217(f) of the Immigration and Nationality
Act (8 U.S.C. 1187(f)) is amended by striking ‘‘September
30, 1994’’ and inserting ‘‘September 30, 1996’’.
SEC. 2. CREATION OF PROBATIONARY STATUS FOR PARTIC-
IPANT COUNTRIES IN THE VISA WAIVER PRO-
GRAM.
Section 217 of the Immigration and Nationality Act
(8 U.S.C. 1187) is amended—
(1) in subsection (a)(2)(B) by inserting before
the period ‘‘or is designated as a pilot program
country with probationary status under subsection
(g)’’.
(2) by adding at the end the following new sub-
section:
‘‘(g) PILOT PROGRAM COUNTRY WITH PROBATION-
ARY STATUS.—
‘‘(1) IN GENERAL.—The Attorney General and
the Secretary of State acting jointly may designate
any country as a pilot program country with proba-
tionary status if it meets the requirements of para-
graph (2).
‘‘(2) QUALIFICATIONS.—A country may not be
designated as a pilot program country with proba-
tionary status unless the following requirements are
met:
‘‘(A) NONIMMIGRANT VISA REFUSAL RATE
FOR PREVIOUS 2-YEAR PERIOD.—The average
number of refusals of nonimmigrant visitor
visas for nationals of the country during the
two previous full fiscal years was less than 3.5
percent of the total number of nonimmigrant
visitor visas for nationals of that country which
were granted or refused during those years.
‘‘(B) NONIMMIGRANT VISA REFUSAL RATE
FOR PREVIOUS YEAR.—The number of refusals
of nonimmigrant visitor visas for nationals of
the country during the previous full fiscal year
was less than 3 percent of the total number of
nonimmigrant visitor visas for nationals of that
country which were granted or refused during
that year.
‘‘(C) LOW EXCLUSIONS AND VIOLATIONS
RATE FOR PREVIOUS YEAR.—The sum of—
‘‘(i) the total number of nationals of
that country who were excluded from ad-
mission or withdrew their application for
admission during such previous fiscal year
as a nonimmigrant visitor, and
‘‘(ii) the total number of nationals of
that country who were admitted as non-
immigrant visitors during such previous
fiscal year and who violated the terms of
such admission,
was less than 2.5 percent of the total number
of nationals of that country who applied for ad-
mission as nonimmigrant visitors during such
previous fiscal year.
‘‘(D) MACHINE READABLE PASSPORT PRO-
GRAM.—The government of the country certifies
that it has or is in the process of developing a
program to issue machine-readable passports to
its citizens.
‘‘(3) CONTINUING
AND
SUBSEQUENT
QUALI-
FICATIONS FOR PILOT PROGRAM COUNTRIES WITH
PROBATIONARY
STATUS.—The designation of a
country as a pilot program country with probation-
ary status shall terminate if either of the following
occurs:
‘‘(A) The sum of—
‘‘(i) the total number of nationals of
that country who were excluded from ad-
mission or withdrew their application for
admission during the preceding fiscal year
as a nonimmigrant visitor, and
‘‘(ii) the total number of nationals of
that country who were admitted as visitors
during the preceding fiscal year and who
violated the terms of such admission,
is more than 2.0 percent of the total number of
nationals of that country who applied for ad-
mission as nonimmigrant visitors during such
preceding fiscal year.
‘‘(B) The country is not designated as a
pilot program country under subsection (c)
within 3 fiscal years of its designation as a pilot
program country with probationary status
under this subsection.’’.
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