text: SECTION 1. FINDINGS.
  
      The Congress makes the following findings:
              (1) Poland is one of the closest allies of the United 
          States in Europe and worldwide; the diplomatic, political, 
          military, and economic relationships between the two countries 
          have never been better in history, but personal contacts among 
          ordinary individuals are lagging behind. Over the medium and 
          long terms, this will start to affect the overall quality of 
          the strategic partnership between the United States and Poland.
              (2) Poland has actively participated in the global campaign 
          against terrorism led by the United States. There is an 
          indication that the threat of potential terrorist activities 
          generated in Poland is actually smaller than that in most of 
          the 27 countries currently participating in the visa waiver 
          program established under section 217 of the Immigration and 
          Nationality Act. Polish citizens have not been involved in any 
          form of terrorist activities on the territory of the United 
          States or against the interests of the United States overseas.
              (3) Since joining the North Atlantic Treaty Organization on 
          March 12, 1999, Poland has proven to be a reliable partner and 
          a capable guarantor of NATO security in Kosovo and Afghanistan.
              (4) From the first days of Operation Iraqi Freedom, Poland 
          has been a staunch ally to the United States and has committed 
          its soldiers to help with ongoing stabilization efforts in 
          Iraq.
              (5) In recognition of the historic changes in our bilateral 
          relations and motivated by the sincere need to enhance contacts 
          between Polish and United States citizens, on April 15, 1991, 
          Poland unilaterally repealed its visa obligation for United 
          States citizens seeking to travel to Poland for a period of 90 
          days or less.
              (6) The Polish-American community of 9.3 million people 
          contributed significantly to the development of the United 
          States.
              (7) Since the movement known as ``Solidarity'' and the 
          turning point of 1989, Poland has undergone great political, 
          social, and economic changes. It has become a nation committed 
          to traditional values, rules of law, freedom, and democracy.
              (8) On May 1, 2004, Poland became a member state of the 
          vibrant European Union. Poland is a free market economy, and 
          Poland's integration within the European structures has had a 
          stabilizing effect on its economy.
              (9) More than 150,000 Polish citizens visited the United 
          States in 2003.
              (10) Poland's visa refusal rate has declined dramatically, 
          and it continues to decline. Nevertheless, the visa refusal 
          rate is an arbitrary standard that is not an objective 
          measurement because it does not reflect the propensity of 
          nationals from Poland to violate the terms of their admission 
          into the United States.
              (11) Poland participates in the work and travel program 
          that allows about 25,000 Polish students to visit the United 
          States each year.
              (12) Warsaw International Airport Okecie participates in 
          the pilot program of voluntary passenger screening for 
          passengers leaving Warsaw to fly to the United States.
              (13) If Poland is allowed to conditionally participate in 
          the visa waiver program, the Polish government will develop and 
          implement a campaign to prevent Polish citizens from remaining 
          in the United States beyond their authorized period of 
          admission or otherwise violating the terms of their admission 
          into the United States.
              (14) The Polish government is committed to becoming a 
          successful part of the visa waiver program.
              (15) Poland is ready to demonstrate that adequate 
          safeguards against fraudulent use of its passports are in 
          place, including proper storage of blank passports and 
          sufficient screening of passport applicants.
              (16) Poland is determined to fulfill its obligations and 
          introduce extremely safe passports for its citizens, including 
          two mandatory biometric identifiers. This is in addition to 
          satisfaction of the machine-readable requirements for passports 
          described in the Immigration and Nationality Act.
              (17) On February 23, 2004, and May 11, 2004, the assemblies 
          of New Jersey and Massachusetts, respectively, enacted 
          resolutions urging the President and the Congress to make 
          Poland eligible for the visa waiver program.
  
  SEC. 2. TEMPORARY AND CONDITIONAL DESIGNATIONS OF POLAND FOR VISA 
                WAIVER PROGRAM.
  
      (a) Temporary Designation.--
              (1) In general.--Effective on the date of the enactment of 
          this Act, and notwithstanding section 217(c) of the Immigration 
          and Nationality Act (8 U.S.C. 1187(c)), Poland temporarily 
          shall be designated a program country for purposes of the visa 
          waiver program established under section 217 of such Act.
              (2) Expiration.--The temporary designation described in 
          paragraph (1) shall expire on the date that is 18 months after 
          the date of the enactment of this Act.
      (b) Review.--Not later than 1 year after the date of the enactment 
  of this Act, the Secretary of Homeland Security shall determine the 
  overstay rate for the portion of the period of temporary designation 
  described in subsection (a) that has elapsed when the determination is 
  made. Based on such calculation, the Secretary shall determine whether 
  Poland permanently, but conditionally, shall be designated a program 
  country for purposes of such visa waiver program.
      (c) Duration, Suspension, and Termination of Conditional 
  Designation.--
              (1) In general.--Notwithstanding any other provision of 
          law, if the Secretary determines under subsection (b) that 
          Poland permanently, but conditionally, shall be designated a 
          program country, Poland shall continue to be a program country 
          for purposes of the visa waiver program as long as the annual 
          overstay rate for each fiscal year remains below 3 percent.
              (2) Suspension.--If the overstay rate for a fiscal year 
          exceeds 3 percent, the Secretary of Homeland Security shall 
          suspend the designation of Poland as a program country for 
          purposes of the visa waiver program for a period of 1 year.
              (3) Termination.--If the annual overstay rate exceeds 3 
          percent for any two fiscal years (regardless of whether such 
          years are consecutive), the Secretary of Homeland Security 
          shall terminate the designation of Poland as a program country 
          for purposes of the visa waiver program.
              (4) Redesignation.--The Secretary of Homeland Security may 
          redesignate Poland as a program country without regard to any 
          other law when the Secretary determines that Poland has 
          established satisfactory new safeguards to ensure that the 
          overstay rate will remain acceptably low.
      (d) Definition.--For purposes of this section, the term ``overstay 
  rate'' means the percentage which--
              (1) the total number of nationals of Poland who were 
          admitted as nonimmigrant visitors during the applicable 
          measurement period and who violated the terms of such 
          admission; bears to
              (2) the total number of nationals of such country who 
          applied for admission as nonimmigrant visitors during such 
          period.
target: Temporarily designates Poland as a program country for purposes of the Immigration and Nationality Act's visa waiver program (VWP), notwithstanding designation requirements of current law.
  
  Requires the Secretary of Homeland Security to determine the nonimmigrant visa overstay rate for Polish nationals for the elapsed period of temporary designation and, based on such calculation, to determine whether Poland shall be designated permanently but conditionally for VWP purposes.
  
  States that, if permanently but conditionally designated, Poland shall remain a VWP country as long as the annual overstay rate remains below three percent. Requires the Secretary to: (1) suspend VWP designation for one year if the overstay rate exceeds three percent; and (2) terminate VWP designation if the overstay rate exceeds three percent for any two fiscal years, with the possibility of redesignation.
feat_title: To designate Poland as a program country under the visa waiver program established under section 217 of the Immigration and Nationality Act, subject to special conditions.