I
106TH CONGRESS
2D SESSION
H. R. 3767
To amend the Immigration and Nationality Act to make improvements to,
and permanently authorize, the visa waiver pilot program under section
217 of such Act.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 2000
Mr. SMITH of Texas (for himself, Ms. JACKSON-LEE of Texas, Mr. MCCOL-
LUM, Mr. GOODLATTE, Mr. CANADY of Florida, Mr. FRANK of Massachu-
setts, and Mr. SCARBOROUGH) introduced the following bill; which was
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 section 217 of such Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Visa Waiver Perma-
nent Program Act’’.
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TITLE I—PERMANENT PROGRAM
AUTHORIZATION
SEC. 101. ELIMINATION OF PILOT PROGRAM STATUS.
(a) IN GENERAL.—Section 217 of the Immigration
and Nationality Act (8 U.S.C. 1187) is amended—
(1) in the section heading, by striking ‘‘PILOT’’;
(2) in subsection (a)—
(A) in the subsection heading, by striking
‘‘PILOT’’;
(B) in the matter preceding paragraph (1),
by striking ‘‘pilot’’ both places it appears;
(C) in paragraph (1), by striking ‘‘pilot
program (as defined in subsection (e))’’ and in-
serting ‘‘program’’;
(3) in subsection (b), in the matter preceding
paragraph (1), by striking ‘‘pilot’’;
(4) in subsection (c)—
(A) in the subsection heading, by striking
‘‘PILOT’’;
(B) in paragraph (1), by striking ‘‘pilot’’;
(C) in paragraph (2)—
(i) by striking ‘‘subsection (g)’’ and
inserting ‘‘subsection (f)’’; and
(ii) by striking ‘‘pilot’’;
(D) in paragraph (3)—
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(i) in the matter preceding subpara-
graph (A), by striking ‘‘(within the pilot
program period)’’;
(ii) in subparagraph (A), in the mat-
ter preceding clause (i), by striking ‘‘pilot’’
both places it appears;
(iii) in subparagraph (B), by striking
‘‘pilot’’;
(5) in subsection (e)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘pilot’’;
(B) in subparagraph (B), by striking
‘‘pilot’’;
(6) by striking subsection (f) and redesignating
subsection (g) as subsection (f); and
(7) in subsection (f) (as so redesignated)—
(A) in paragraph (1)(A) by striking
‘‘pilot’’;
(B) in paragraph (1)(C), by striking
‘‘pilot’’;
(C) in paragraph (2)(A), by striking
‘‘pilot’’ both places it appears;
(D) in paragraph (3), by striking ‘‘pilot’’;
and
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gram to issue machine-readable pass-
ports to its citizens not later than Oc-
tober 1, 2001; and
‘‘(II) shall satisfy the require-
ment of clause (i) not later than Octo-
ber 1, 2001.’’.
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
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), is amended by adding at the end the following:
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‘‘(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—
(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 re-
quirement, and has been denied such waiver by
reason of a ground of inadmissibility uncovered
through a written or verbal statement by the
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alien or a use of an automated electronic data-
base required under section 217(a)(9), unless
the Attorney General determines that compel-
ling reasons in the public interest 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—
‘‘(i) evaluates the effect that the coun-
try’s designating 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
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‘‘(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
CONTINUATION
QUALIFICATIONS; DESIGNATION RESCISSIONS.—
‘‘(A) PERIODIC EVALUATIONS.—The Attor-
ney General, in consultation with the Secretary
of State, periodically (but not less than once
every 5 years)—
‘‘(i) shall evaluate the effect of each
program country’s continued designation
on the law enforcement and security inter-
ests of the United States (including the in-
terest in enforcement of the immigration
laws of the United States);
‘‘(ii) shall determine whether any such
designation ought to be continued or re-
scinded under subsection (d); and
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‘‘(iii) shall submit a written report to
the Committee on the Judiciary of the
United States House of Representatives
and of the Senate regarding the continu-
ation or rescission of the country’s des-
ignation that includes an explanation of
such determination and the effects de-
scribed in clause (i).
‘‘(B) AUTOMATED
RESCISSION.—On and
after October 1, 2005, any program country
with respect to a report described in subpara-
graph (A)(iii) has not been submitted in accord-
ance with such subparagraph during the pre-
ceding 5 years shall be treated as if its designa-
tion had been rescinded under subsection (d).
‘‘(C) EMERGENCY RESCISSION.—
‘‘(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 the law enforcement or security
interests of the United States (including
the interest in enforcement of the immigra-
tion laws of the United States), the Attor-
ney General shall immediately rescind the
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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;
‘‘(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).
‘‘(D) TREATMENT
OF
RESCISSION.—For
purposes of this section, a country whose des-
ignation is rescinded under subsection (d) or
subparagraphs (B) or (C), and the nationals of
such country, shall subsequently be treated as
if such designation had never been granted, and
the country may be designated again under