TITLE VI--MISCELLANEOUS PROVISIONS

Subtitle C--Provisions Relating to Visa Processing and Consular
Efficiency

SEC. 631. VALIDITY OF PERIOD OF VISAS.

(a) Extension of Validity of Immigrant Visas to 6 Months.--
Section 221(c) (8 U.S.C. 1201(c)) is amended by striking
``four months'' and inserting ``six months''.
(b) Authorizing Application of Reciprocity Rule for
Nonimmigrant Visa in Case of Refugees and Permanent
Residents.--Such section is further amended by inserting
before the period at the end of the third sentence the
following: ``; except that in the case of aliens who are
nationals of a foreign country and who either are granted
refugee status and firmly resettled in another foreign
country or are granted permanent residence and residing in
another foreign country, the Secretary of State may prescribe
the period of validity of such a visa based upon the
treatment granted by that other foreign country to alien
refugees and permanent residents, respectively, in the United
States''.

SEC. 632. ELIMINATION OF CONSULATE SHOPPING FOR VISA
OVERSTAYS.

(a) In General.--Section 222 (8 U.S.C. 1202) is amended by
adding at the end the following:
``(g)(1) In the case of an alien who has been admitted on
the basis of a nonimmigrant visa and remained in the United
States beyond the period of stay authorized by the Attorney
General, such visa shall be void beginning after the
conclusion of such period of stay.
``(2) An alien described in paragraph (1) shall be
ineligible to be readmitted to the United States as a
nonimmigrant, except--
``(A) on the basis of a visa (other than the visa described
in paragraph (1)) issued in a consular office located in the
country of the alien's nationality (or, if there is no office
in such country, in such other consular office as the
Secretary of State shall specify); or
``(B) where extraordinary circumstances are found by the
Secretary of State to exist.''.
(b) Applicability.--
(1) Visas.--Section 222(g)(1) of the Immigration and
Nationality Act, as added by subsection (a), shall apply to a
visa issued before, on, or after the date of the enactment of
this Act.
(2) Aliens seeking readmission.--Section 222(g)(2) of the
Immigration and Nationality Act, as added by subsection (a),
shall apply to any alien applying for readmission to the
United States after the date of the enactment of this Act,
except an alien applying for readmission on the basis of a
visa that--
(A) was issued before such date; and
(B) is not void through the application of section
222(g)(1) of the Immigration and Nationality Act, as added by
subsection (a).

SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
(1) by inserting ``(A)'' after ``Nondiscrimination.--'';
and
(2) by adding at the end the following:
``(B) Nothing in this paragraph shall be construed to limit
the authority of the Secretary of State to determine the
procedures for the processing of immigrant visa applications
or the locations where such applications will be
processed.''.

SEC. 634. CHANGES REGARDING VISA APPLICATION PROCESS.

(a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C.
1202(c)) is amended--
(1) by striking ``personal description'' through ``marks of
identification);'';
(2) by striking ``applicant'' and inserting ``applicant,
the determination of his eligibility for a nonimmigrant
visa,''; and

[[Page H11828]]

(3) by adding at the end the following: ``At the discretion
of the Secretary of State, application forms for the various
classes of nonimmigrant admissions described in section
101(a)(15) may vary according to the class of visa being
requested.''.
(b) Disposition of Applications.--Section 222(e) (8 U.S.C.
1202(e)) is amended--
(1) in the first sentence, by striking ``required by this
section'' and inserting ``for an immigrant visa''; and
(2) in the fourth sentence--
(A) by striking ``stamp'' and inserting ``stamp, or other
(B) by striking ``by the consular officer''.

SEC. 635. VISA WAIVER PROGRAM.

(a) Elimination of Joint Action Requirement.--Section 217
(8 U.S.C. 1187) is amended--
(1) in subsection (a), by striking ``Attorney General and
the Secretary of State, acting jointly'' and inserting
``Attorney General, in consultation with the Secretary of
State'';
(2) in subsection (c)(1), by striking ``Attorney General
and the Secretary of State acting jointly'' and inserting
``Attorney General, in consultation with the Secretary of
State,''; and
(3) in subsection (d), by striking ``Attorney General and
the Secretary of State, acting jointly,'' and inserting
``Attorney General, in consultation with the Secretary of
State,''.
(b) Extension of Program.--Section 217(f) (8 U.S.C.
1187(f)) is amended by striking ``1996'' and inserting
``1997.''.
(c) Duration and Termination of Designation of Pilot
Program Countries.--
(1) In general.--Section 217(g) (8 U.S.C. 1187(g)) is
amended to read as follows:
``(g) Duration and Termination of Designation.--
``(1) In general.--
``(A) Determination and notification of disqualification
rate.--Upon determination by the Attorney General that a
pilot program country's disqualification rate is 2 percent or
more, the Attorney General shall notify the Secretary of
State.
``(B) Probationary status.--If the program country's
disqualification rate is greater than 2 percent but less than
3.5 percent, the Attorney General shall place the program
country in probationary status for a period not to exceed 2
full fiscal years following the year in which the
determination under subparagraph (A) is made.
``(C) Termination of designation.--Subject to paragraph
(3), if the program country's disqualification rate is 3.5
percent or more, the Attorney General shall terminate the
country's designation as a pilot program country effective at
the beginning of the second fiscal year following the fiscal
year in which the determination under subparagraph (A) is
made.
``(2) Termination of probationary status.--
``(A) In general.--If the Attorney General determines at
the end of the probationary period described in paragraph
(1)(B) that the program country placed in probationary status
under such paragraph has failed to develop a machine-readable
passport program as required by section (c)(2)(C), or has a
disqualification rate of 2 percent or more, the Attorney
General shall terminate the designation of the country as a
pilot program country. If the Attorney General determines
that the program country has developed a machine-readable
passport program and has a disqualification rate of less than
2 percent, the Attorney General shall redesignate the country
as a pilot program country.
``(B) Effective date.--A termination of the designation of
a country under subparagraph (A) shall take effect on the
first day of the first fiscal year following the fiscal year
in which the determination under such subparagraph is made.
Until such date, nationals of the country shall remain
eligible for a waiver under subsection (a).
``(3) Nonapplicability of certain provisions.--Paragraph
(1)(C) shall not apply unless the total number of nationals
of a pilot program country described in paragraph (4)(A)
exceeds 100.
``(4) Definition.--For purposes of this subsection, the
term `disqualification rate' means the percentage which--
``(A) the total number of nationals of the pilot program
country who were--
``(i) excluded from admission or withdrew their application
for admission during the most recent fiscal year for which
data are available; and
``(ii) admitted as nonimmigrant visitors during such fiscal
year and who violated the terms of such admission; bears to
``(B) the total number of nationals of such country who
applied for admission as nonimmigrant visitors during such
fiscal year.''.
(2) Transition.--A country designated as a pilot program
country with probationary status under section 217(g) of the
Immigration and Nationality Act (as in effect on the day
before the date of the enactment of this Act) shall be
considered to be designated as a pilot program country on and
after such date, subject to placement in probationary status
or termination of such designation under such section (as
amended by paragraph (1)).
(3) Conforming amendment.--Section 217(a)(2)(B) (8 U.S.C.
1187(a)(2)(B)) is amended by striking ``or is'' through
``subsection (g).'' and inserting a period.

SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

The Secretary of State may establish a fee to be paid by
each applicant for an immigrant visa described in section
203(c) of the Immigration and Nationality Act. Such fee may
be set at a level that will ensure recovery of the cost to
the Department of State of allocating visas under such
section, including the cost of processing all applications
thereunder. All fees collected under this section shall be
used for providing consular services. All fees collected
under this section shall be deposited as an offsetting
collection to any Department of State appropriation and shall
remain available for obligations until expended. The
provisions of the Act of August 18, 1856 (11 Stat. 58; 22
U.S.C. 4212-4214), concerning accounting for consular fees,
shall not apply to fees collected under this section.

SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH APPLICANTS
FOR THE 1995 DIVERSITY IMMIGRANT PROGRAM.

(a) In General.--The Attorney General, in consultation with
the Secretary of State, shall include among the aliens
selected for diversity immigrant visas for fiscal year 1997
pursuant to section 203(c) of the Immigration and Nationality
Act any alien who, on or before September 30, 1995--
(1) was selected as a diversity immigrant under such
section for fiscal year 1995;
(2) applied for adjustment of status to that of an alien
lawfully admitted for permanent residence pursuant to section
245 of such Act during fiscal year 1995, and whose
application, and any associated fees, were accepted by the
Attorney General, in accordance with applicable regulations;
(3) was not determined by the Attorney General to be
excludable under section 212 of such Act or ineligible under
section 203(c)(2) of such Act; and
(4) did not become an alien lawfully admitted for permanent
residence during fiscal year 1995.
(b) Priority.--The aliens selected under subsection (a)
shall be considered to have been selected for diversity
immigrant visas for fiscal year 1997 prior to any alien
selected under any other provision of law.
(c) Reduction of Immigrant Visa Number.--For purposes of
applying the numerical limitations in sections 201 and 203(c)
of the Immigration and Nationality Act, aliens selected under
subsection (a) who are granted an immigrant visa shall be
treated as aliens granted a visa under section 203(c) of such
Act.