
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-56 Section 417(c),]
[Document affected by Public Law 107-56 Section 417(a),]
[CITE: 8USC1187]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
Part II--Admission Qualifications for Aliens; Travel Control of Citizens 
                               and Aliens
 
Sec. 1187. Visa waiver program for certain visitors


(a) Establishment of program

    The Attorney General and the Secretary of State are authorized to 
establish a program (hereinafter in this section referred to as the 
``program'') under which the requirement of paragraph (7)(B)(i)(II) of 
section 1182(a) of this title may be waived by the Attorney General, in 
consultation with the Secretary of State and in accordance with this 
section, in the case of an alien who meets the following requirements:

          (1) Seeking entry as tourist for 90 days or less

        The alien is applying for admission during the program as a 
    nonimmigrant visitor (described in section 1101(a)(15)(B) of this 
    title) for a period not exceeding 90 days.

                   (2) National of program country

        The alien is a national of, and presents a passport issued by, a 
    country which--
            (A) extends (or agrees to extend), either on its own or in 
        conjunction with one or more other countries that are described 
        in subparagraph (B) and that have established with it a common 
        area for immigration admissions, reciprocal privileges to 
        citizens and nationals of the United States, and
            (B) is designated as a pilot program country under 
        subsection (c) of this section.

                    (3) Machine readable passport

        On and after October 1, 2007, the alien at the time of 
    application for admission is in possession of a valid unexpired 
    machine-readable passport that satisfies the internationally 
    accepted standard for machine readability.

                   (4) Executes immigration forms

        The alien before the time of such admission completes such 
    immigration form as the Attorney General shall establish.

                  (5) Entry into the United States

        If arriving by sea or air, the alien arrives at the port of 
    entry into the United States on a carrier, including any carrier 
    conducting operations under part 135 of title 14, Code of Federal 
    Regulations, or a noncommercial aircraft that is owned or operated 
    by a domestic corporation conducting operations under part 91 of 
    title 14, Code of Federal Regulations \1\ which has entered into an 
    agreement with the Attorney General pursuant to subsection (e) of 
    this section. The Attorney General is authorized to require a 
    carrier conducting operations under part 135 of title 14, Code of 
    Federal Regulations, or a domestic corporation conducting operations 
    under part 91 of that title, to give suitable and proper bond, in 
    such reasonable amount and containing such conditions as the 
    Attorney General may deem sufficient to ensure compliance with the 
    indemnification requirements of this section, as a term of such an 
    agreement.
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                       (6) Not a safety threat

        The alien has been determined not to represent a threat to the 
    welfare, health, safety, or security of the United States.

                      (7) No previous violation

        If the alien previously was admitted without a visa under this 
    section, the alien must not have failed to comply with the 
    conditions of any previous admission as such a nonimmigrant.

                        (8) Round-trip ticket

        The alien is in possession of a round-trip transportation ticket 
    (unless this requirement is waived by the Attorney General under 
    regulations or the alien is arriving at the port of entry on an 
    aircraft operated under part 135 of title 14, Code of Federal 
    Regulations, or a noncommercial aircraft that is owned or operated 
    by a domestic corporation conducting operations under part 91 of 
    title 14, Code of Federal Regulations).

                     (9) Automated system check

        The identity of the alien has been checked using an automated 
    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.

Operators of aircraft under part 135 of title 14, Code of Federal 
Regulations, or operators of noncommercial aircraft that are owned or 
operated by a domestic corporation conducting operations under part 91 
of title 14, Code of Federal Regulations, carrying any alien passenger 
who will apply for admission under this section shall furnish such 
information as the Attorney General by regulation shall prescribe as 
necessary for the identification of any alien passenger being 
transported and for the enforcement of the immigration laws. Such 
information shall be electronically transmitted not less than one hour 
prior to arrival at the port of entry for purposes of checking for 
inadmissibility using the automated electronic database.

(b) Waiver of rights

    An alien may not be provided a waiver under the program unless the 
alien has waived any right--
        (1) to review or appeal under this chapter of an immigration 
    officer's determination as to the admissibility of the alien at the 
    port of entry into the United States, or
        (2) to contest, other than on the basis of an application for 
    asylum, any action for removal of the alien.

(c) Designation of program countries

                           (1) In general

        The Attorney General, in consultation with the Secretary of 
    State, may designate any country as a program country if it meets 
    the requirements of paragraph (2).

                         (2) Qualifications

        Except as provided in subsection (f) of this section, a country 
    may not be designated as a program country unless the following 
    requirements are met:

        (A) Low nonimmigrant visa refusal rate

            Either--
                (i) the average number of refusals of nonimmigrant 
            visitor visas for nationals of that country during--
                    (I) the two previous full fiscal years was less than 
                2.0 percent of the total number of nonimmigrant visitor 
                visas for nationals of that country which were granted 
                or refused during those years; and
                    (II) either of such two previous full fiscal years 
                was less than 2.5 percent of the total number of 
                nonimmigrant visitor visas for nationals of that country 
                which were granted or refused during that year; or

                (ii) such refusal rate for nationals of that country 
            during the previous full fiscal year was less than 3.0 
            percent.

        (B) Machine readable passport program

            (i) In general

                Subject to clause (ii), the government of the country 
            certifies that it issues to its citizens machine-readable 
            passports that satisfy the internationally accepted standard 
            for machine readability.
            (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 program to issue machine-readable 
                passports to its citizens not later than October 1, 
                2003; and
                    (II) shall satisfy the requirement of clause (i) not 
                later than October 1, 2003.

        (C) Law enforcement and security interests

            The Attorney General, in consultation with the Secretary of 
        State--
                (i) evaluates the effect that the country's designation 
            would have on the law enforcement and security interests of 
            the United States (including the interest in enforcement of 
            the immigration laws of the United States and the existence 
            and effectiveness of its agreements and procedures for 
            extraditing to the United States individuals, including its 
            own nationals, who commit crimes that violate United States 
            law);
                (ii) determines that such interests would not be 
            compromised by the designation of the country; and
                (iii) submits a written report to the Committee on the 
            Judiciary and the Committee on International Relations of 
            the House of Representatives and the Committee on the 
            Judiciary and the Committee on Foreign Relations of the 
            Senate regarding the country's qualification for designation 
            that includes an explanation of such determination.

            (3) Continuing and subsequent qualifications

        For each fiscal year after the initial period--

        (A) Continuing qualification

            In the case of a country which was a program country in the 
        previous fiscal year, a country may not be designated as a 
        program country unless the sum of--
                (i) the total of the number of nationals of that country 
            who were denied admission at the time of arrival 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 nonimmigrant visitors during such previous 
            fiscal year and who violated the terms of such admission,

        was less than 2 percent of the total number of nationals of that 
        country who applied for admission as nonimmigrant visitors 
        during such previous fiscal year.

        (B) New countries

            In the case of another country, the country may not be 
        designated as a program country unless the following 
        requirements are met:
            (i) Low nonimmigrant visa refusal rate in previous 
                    2-year period

                The average number of refusals of nonimmigrant visitor 
            visas for nationals of that country during the two previous 
            full fiscal years was less than 2 percent of the total 
            number of nonimmigrant visitor visas for nationals of that 
            country which were granted or refused during those years.
            (ii) Low nonimmigrant visa refusal rate in each of 
                    the 2 previous years

                The average number of refusals of nonimmigrant visitor 
            visas for nationals of that country during either of such 
            two previous full fiscal years was less than 2.5 percent of 
            the total number of nonimmigrant visitor visas for nationals 
            of that country which were granted or refused during that 
            year.

                         (4) Initial period

        For purposes of paragraphs (2) and (3), the term ``initial 
    period'' means the period beginning at the end of the 30-day period 
    described in subsection (b)(1) of this section and ending on the 
    last day of the first fiscal year which begins after such 30-day 
    period.

    (5) Written reports on continuing qualification; 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)--
                    (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 enforcement of the immigration laws of 
                the United States and the existence and effectiveness of 
                its agreements and procedures for extraditing to the 
                United States individuals, including its own nationals, 
                who commit crimes that violate United States law);
                    (II) shall determine, based upon the evaluation in 
                subclause (I), whether any such designation ought to be 
                continued or terminated under subsection (d) of this 
                section; and
                    (III) shall submit a written report to the Committee 
                on the Judiciary and the Committee on International 
                Relations of the House of Representatives and the 
                Committee on the Judiciary and the Committee on Foreign 
                Relations of the Senate regarding the continuation or 
                termination of the country's designation that includes 
                an explanation of such determination and the effects 
                described in subclause (I).
            (ii) Effective date

                A termination of the designation of a country under this 
            subparagraph shall take effect on the date determined by the 
            Attorney General, in consultation with the Secretary of 
            State.
            (iii) Redesignation

                In the case of a termination under this subparagraph, 
            the Attorney General shall redesignate the country as a 
            program country, without regard to subsection (f) of this 
            section or paragraph (2) or (3), when the Attorney General, 
            in consultation with the Secretary of State, determines that 
            all causes of the termination have been eliminated.

        (B) Emergency termination

            (i) In general

                In the case of a program country in which an emergency 
            occurs that the Attorney General, in consultation with the 
            Secretary of State, determines threatens the law enforcement 
            or security interests of the United States (including 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 democratically elected 
                government;
                    (II) war (including undeclared war, civil war, or 
                other military activity) on the territory of the program 
                country;
                    (III) a severe breakdown in law and order affecting 
                a significant portion of the program country's 
                territory;
                    (IV) a severe economic collapse in the program 
                country; or
                    (V) any other extraordinary event in the program 
                country that threatens the law enforcement or security 
                interests of the United States (including the interest 
                in enforcement of the immigration laws of the United 
                States) and where the country's participation in the 
                program could contribute to that threat.
            (iii) Redesignation

                The Attorney General may redesignate the country as a 
            program country, without regard to subsection (f) of this 
            section or paragraph (2) or (3), when the Attorney General, 
            in consultation with the Secretary of State, 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 refusals of nonimmigrant 
                visitor visas for nationals of that country during the 
                period of termination under this subparagraph was less 
                than 3.0 percent of the total number of nonimmigrant 
                visitor visas for nationals of that country which were 
                granted or refused during such period.

        (C) Treatment of nationals after termination

            For purposes of this paragraph--
                (i) nationals of a country whose designation is 
            terminated under subparagraph (A) or (B) shall remain 
            eligible for a waiver under subsection (a) of this section 
            until the effective 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) 
            of this section shall not, by such termination, be deemed to 
            have been rescinded or otherwise rendered invalid, if the 
            waiver is granted prior to such termination.

                (6) Computation of visa refusal rates

        For purposes of determining the eligibility of a country to be 
    designated as a program country, the calculation of visa refusal 
    rates shall not include any visa refusals which incorporate any 
    procedures based on, or are otherwise based on, race, sex, or 
    disability, unless otherwise specifically authorized by law or 
    regulation. No court shall have jurisdiction under this paragraph to 
    review any visa refusal, the denial of admission to the United 
    States of any alien by the Attorney General, the Secretary's 
    computation of the visa refusal rate, or the designation or 
    nondesignation of any country.

                     (7) Visa waiver information

        (A) In general

            In refusing the application of nationals of a program 
        country for United States visas, or the applications of 
        nationals of a country seeking entry into the visa waiver 
        program, a consular officer shall not knowingly or intentionally 
        classify the refusal of the visa under a category that is not 
        included in the calculation of the visa refusal rate only so 
        that the percentage of that country's visa refusals is less than 
        the percentage limitation applicable to qualification for 
        participation in the visa waiver program.

        (B) Reporting requirement

            On May 1 of each year, for each country under consideration 
        for inclusion in the visa waiver program, the Secretary of State 
        shall provide to the appropriate congressional committees--
                (i) the total number of nationals of that country that 
            applied for United States visas in that country during the 
            previous calendar year;
                (ii) the total number of such nationals who received 
            United States visas during the previous calendar year;
                (iii) the total number of such nationals who were 
            refused United States visas during the previous calendar 
            year;
                (iv) the total number of such nationals who were refused 
            United States visas during the previous calendar year under 
            each provision of this chapter under which the visas were 
            refused; and
                (v) the number of such nationals that were refused under 
            section 1184(b) of this title as a percentage of the visas 
            that were issued to such nationals.

        (C) Certification

            Not later than May 1 of each year, the United States chief 
        of mission, acting or permanent, to each country under 
        consideration for inclusion in the visa waiver program shall 
        certify to the appropriate congressional committees that the 
        information described in subparagraph (B) is accurate and 
        provide a copy of that certification to those committees.

        (D) Consideration of countries in the visa waiver program

            Upon notification to the Attorney General that a country is 
        under consideration for inclusion in the visa waiver program, 
        the Secretary of State shall provide all of the information 
        described in subparagraph (B) to the Attorney General.

        (E) Definition

            In this paragraph, the term ``appropriate congressional 
        committees'' means the Committee on the Judiciary and the 
        Committee on Foreign Relations of the Senate and the Committee 
        on the Judiciary and the Committee on International Relations of 
        the House of Representatives.

(d) Authority

    Notwithstanding any other provision of this section, the Attorney 
General, in consultation with the Secretary of State, may for any reason 
(including national security) refrain from waiving the visa requirement 
in respect to nationals of any country which may otherwise qualify for 
designation or may, at any time, rescind any waiver or designation 
previously granted under this section.

(e) Carrier agreements

                           (1) In general

        The agreement referred to in subsection (a)(4) of this section 
    is an agreement between a carrier (including any carrier conducting 
    operations under part 135 of title 14, Code of Federal Regulations) 
    or a domestic corporation conducting operations under part 91 of 
    that title and the Attorney General under which the carrier 
    (including any carrier conducting operations under part 135 of title 
    14, Code of Federal Regulations) or a domestic corporation 
    conducting operations under part 91 of that title agrees, in 
    consideration of the waiver of the visa requirement with respect to 
    a nonimmigrant visitor under the program--
            (A) to indemnify the United States against any costs for the 
        transportation of the alien from the United States if the 
        visitor is refused admission to the United States or remains in 
        the United States unlawfully after the 90-day period described 
        in subsection (a)(1)(A) of this section,
            (B) to submit daily to immigration officers any immigration 
        forms received with respect to nonimmigrant visitors provided a 
        waiver under the program,
            (C) to be subject to the imposition of fines resulting from 
        the transporting into the United States of a national of a 
        designated country without a passport pursuant to regulations 
        promulgated by the Attorney General, and
            (D) to collect, provide, and share passenger data as 
        required under subsection (h)(1)(B) of this section.

                    (2) Termination of agreements

        The Attorney General may terminate an agreement under paragraph 
    (1) with five days' notice to the carrier (including any carrier 
    conducting operations under part 135 of title 14, Code of Federal 
    Regulations) or a domestic corporation conducting operations under 
    part 91 of that title for the failure by a carrier (including any 
    carrier conducting operations under part 135 of title 14, Code of 
    Federal Regulations) or a domestic corporation conducting operations 
    under part 91 of that title to meet the terms of such agreement.

                 (3) Business aircraft requirements

        (A) In general

            For purposes of this section, a domestic corporation 
        conducting operations under part 91 of title 14, Code of Federal 
        Regulations \2\ that owns or operates a noncommercial aircraft 
        is a corporation that is organized under the laws of any of the 
        States of the United States or the District of Columbia and is 
        accredited by or a member of a national organization that sets 
        business aviation standards. The Attorney General shall 
        prescribe by regulation the provision of such information as the 
        Attorney General deems necessary to identify the domestic 
        corporation, its officers, employees, shareholders, its place of 
        business, and its business activities.
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        (B) Collections

            In addition to any other fee authorized by law, the Attorney 
        General is authorized to charge and collect, on a periodic 
        basis, an amount from each domestic corporation conducting 
        operations under part 91 of title 14, Code of Federal 
        Regulations, for nonimmigrant visa waiver admissions on 
        noncommercial aircraft owned or operated by such domestic 
        corporation equal to the total amount of fees assessed for 
        issuance of nonimmigrant visa waiver arrival/departure forms at 
        land border ports of entry. All fees collected under this 
        paragraph shall be deposited into the Immigration User Fee 
        Account established under section 1356(h) of this title.

(f) Duration and termination of designation

                           (1) In general

        (A) Determination and notification of disqualification rate

            Upon determination by the Attorney General that a 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 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 \3\ (c)(2)(C) of this section, or 
        has a disqualification rate of 2 percent or more, the Attorney 
        General shall terminate the designation of the country as a 
        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 program 
        country.
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        (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) of this section.

             (3) Nonapplicability of certain provisions

        Paragraph (1)(C) shall not apply unless the total number of 
    nationals of a program country described in paragraph (4)(A) exceeds 
    100.

                (4) ``Disqualification rate'' defined

        For purposes of this subsection, the term ``disqualification 
    rate'' means the percentage which--
            (A) the total number of nationals of the program country who 
        were--
                (i) denied admission at the time of arrival 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.

(g) Visa application sole method to dispute denial of waiver based on a 
        ground of inadmissibility

    In the case of an alien denied a waiver under the program by reason 
of a ground of inadmissibility described in section 1182(a) of this 
title that is discovered at the time of the alien's application for the 
waiver or through the use of an automated electronic database required 
under subsection (a)(9) of this section, 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 attacking the validity of such a denial.

(h) Use of information technology systems

               (1) Automated entry-exit control system

        (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 arrival and departure for 
        every alien who arrives and departs by sea or air at a port of 
        entry into the United States and is provided a waiver under the 
        program.

        (B) Requirements

            The system under subparagraph (A) shall satisfy the 
        following requirements:
            (i) Data collection by carriers

                Not later than October 1, 2001, the records of arrival 
            and departure described in subparagraph (A) shall be based, 
            to the maximum extent practicable, on passenger data 
            collected and electronically transmitted to the automated 
            entry and exit control system by each carrier that has an 
            agreement under subsection (a)(4) of this section.
            (ii) Data provision by carriers

                Not later than October 1, 2002, no waiver may be 
            provided under this section 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 
            determined by the Attorney General to be sufficient 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, expressed as a percentage of the total 
            number of such nationals who are so described.

        (C) Reporting

            (i) Percentage of nationals lacking departure record

                As part of the annual report required to be submitted 
            under section 1365a(e)(1) of this title, the Attorney 
            General shall include a section containing the calculation 
            described in subparagraph (B)(iii) for each program country 
            for the previous fiscal year, together with an analysis of 
            that information.
            (ii) System effectiveness

                Not later than December 31, 2004, the Attorney General 
            shall submit a written report to the Committee on the 
            Judiciary of the United States House of Representatives and 
            of the Senate containing the following:
                    (I) The conclusions of the Attorney General 
                regarding the effectiveness of the automated entry and 
                exit control system to be developed and implemented 
                under this paragraph.
                    (II) The recommendations of the Attorney General 
                regarding the use of the calculation described in 
                subparagraph (B)(iii) as a basis for evaluating whether 
                to terminate or continue the designation of a country as 
                a program country.

          The report required by this clause may be combined with the 
            annual report required to be submitted on that date under 
            section 1365a(e)(1) of this title.

                  (2) Automated data sharing system

        (A) System

            The Attorney General and the Secretary of State shall 
        develop and implement an automated data sharing system that will 
        permit them to share data in electronic form from their 
        respective records systems regarding the admissibility of aliens 
        who are nationals of a program country.

        (B) Requirements

            The system under subparagraph (A) shall satisfy the 
        following requirements:
            (i) Supplying information to immigration officers 
                    conducting inspections at ports of entry

                Not later than October 1, 2002, the system shall enable 
            immigration officers conducting inspections at ports of 
            entry under section 1225 of this title to obtain from the 
            system, with respect to aliens seeking a waiver under the 
            program--
                    (I) any photograph of the alien that may be 
                contained in the records of the Department of State or 
                the Service; and
                    (II) information on whether the alien has ever been 
                determined to be ineligible to receive a visa or 
                ineligible to be admitted to the United States.
            (ii) Supplying photographs of inadmissible aliens

                The system shall permit the Attorney General 
            electronically to obtain any photograph contained in the 
            records of the Secretary of State pertaining to an alien who 
            is a national of a program country and has been determined 
            to be ineligible to receive a visa.
            (iii) Maintaining records on applications for 
                    admission

                The system shall maintain, for a minimum of 10 years, 
            information about each application for admission made by an 
            alien seeking a waiver under the program, including the 
            following:
                    (I) The name or Service identification number of 
                each immigration officer conducting the inspection of 
                the alien at the port of entry.
                    (II) Any information described in clause (i) that is 
                obtained from the system by any such officer.
                    (III) The results of the application.

(June 27, 1952, ch. 477, title II, ch. 2, Sec. 217, as added Pub. L. 99-
603, title III, Sec. 313(a), Nov. 6, 1986, 100 Stat. 3435; amended Pub. 
L. 100-525, Sec. 2(p)(1), (2), Oct. 24, 1988, 102 Stat. 2613; Pub. L. 
101-649, title II, Sec. 201(a), Nov. 29, 1990, 104 Stat. 5012; Pub. L. 
102-232, title III, Secs. 303(a)(1), (2), 307(l)(3), Dec. 12, 1991, 105 
Stat. 1746, 1756; Pub. L. 103-415, Sec. 1(m), Oct. 25, 1994, 108 Stat. 
4301; Pub. L. 103-416, title II, Secs. 210, 211, Oct. 25, 1994, 108 
Stat. 4312, 4313; Pub. L. 104-208, div. C, title III, Sec. 308(d)(4)(F), 
(e)(9), title VI, Sec. 635(a)-(c)(1), (3), Sept. 30, 1996, 110 Stat. 
3009-618, 3009-620, 3009-702, 3009-703; Pub. L. 105-119, title I, 
Sec. 125, Nov. 26, 1997, 111 Stat. 2471; Pub. L. 105-173, Secs. 1, 3, 
Apr. 27, 1998, 112 Stat. 56; Pub. L. 106-396, title I, Sec. 101(a), 
title II, Secs. 201-207, title IV, Sec. 403(a)-(d), Oct. 30, 2000, 114 
Stat. 1637-1644, 1647, 1648.)


                               Amendments

    2000--Pub. L. 106-396, Sec. 101(a)(1), in section catchline struck 
out ``pilot'' before ``program''.
    Subsec. (a). Pub. L. 106-396, Secs. 101(a)(2)(A), (B), 403(c), 
struck out ``pilot'' before ``program'' in heading and two places in 
introductory provisions and inserted concluding provisions.
    Subsec. (a)(1). Pub. L. 106-396, Sec. 101(a)(2)(C), substituted 
``program'' for ``pilot program period (as defined in subsection (e) of 
this section)''.
    Subsec. (a)(2). Pub. L. 106-396, Sec. 101(a)(2)(D), in heading 
struck out ``pilot'' before ``program''.
    Subsec. (a)(2)(A). Pub. L. 106-396, Sec. 201, inserted ``, either on 
its own or in conjunction with one or more other countries that are 
described in subparagraph (B) and that have established with it a common 
area for immigration admissions,'' after ``to extend)''.
    Subsec. (a)(3), (4). Pub. L. 106-396, Sec. 202(a), added par. (3) 
and redesignated former par. (3) as (4). Former par. (4) redesignated 
(5).
    Subsec. (a)(5). Pub. L. 106-396, Sec. 403(a), substituted ``, 
including any carrier conducting operations under part 135 of title 14, 
Code of Federal Regulations, or a noncommercial aircraft that is owned 
or operated by a domestic corporation conducting operations under part 
91 of title 14, Code of Federal Regulations which has entered into an 
agreement with the Attorney General pursuant to subsection (e) of this 
section. The Attorney General is authorized to require a carrier 
conducting operations under part 135 of title 14, Code of Federal 
Regulations, or a domestic corporation conducting operations under part 
91 of that title, to give suitable and proper bond, in such reasonable 
amount and containing such conditions as the Attorney General may deem 
sufficient to ensure compliance with the indemnification requirements of 
this section, as a term of such an agreement'' for ``which has entered 
into an agreement with the Service to guarantee transport of the alien 
out of the United States if the alien is found inadmissible or 
deportable by an immigration officer''.
    Pub. L. 106-396, Sec. 202(a)(1), redesignated par. (4) as (5). 
Former par. (5) redesignated (6).
    Subsec. (a)(6), (7). Pub. L. 106-396, Sec. 202(a)(1), designated 
pars. (5) and (6) as (6) and (7), respectively. Former par. (7) 
redesignated (8).
    Subsec. (a)(8). Pub. L. 106-396, Sec. 403(b), inserted ``or the 
alien is arriving at the port of entry on an aircraft operated under 
part 135 of title 14, Code of Federal Regulations, or a noncommercial 
aircraft that is owned or operated by a domestic corporation conducting 
operations under part 91 of title 14, Code of Federal Regulations'' 
after ``regulations''.
    Pub. L. 106-396, Sec. 202(a)(1), designated par. (7) as (8).
    Subsec. (a)(9). Pub. L. 106-396, Sec. 203(a), added par. (9).
    Subsec. (b). Pub. L. 106-396, Sec. 101(a)(3), struck out ``pilot'' 
before ``program'' in introductory provisions.
    Subsec. (c). Pub. L. 106-396, Sec. 101(a)(4)(A), in heading struck 
out ``pilot'' before ``program''.
    Subsec. (c)(1). Pub. L. 106-396, Sec. 101(a)(4)(B), struck out 
``pilot'' before ``program''.
    Subsec. (c)(2). Pub. L. 106-396, Sec. 101(a)(4)(C), in introductory 
provisions, substituted ``subsection (f)'' for ``subsection (g)'' and 
struck out ``pilot'' before ``program''.
    Subsec. (c)(2)(B). Pub. L. 106-396, Sec. 202(b), amended heading and 
text of subpar. (B) generally. Prior to amendment, text read as follows: 
``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.''
    Subsec. (c)(2)(C). Pub. L. 106-396, Sec. 204(a), amended heading and 
text of subpar. (C) generally. Prior to amendment, text read as follows: 
``The Attorney General determines that the United States law enforcement 
interests would not be compromised by the designation of the country.''
    Subsec. (c)(3). Pub. L. 106-396, Sec. 101(a)(4)(D)(i), struck out 
``(within the pilot program period)'' after ``fiscal year'' in 
introductory provisions.
    Subsec. (c)(3)(A). Pub. L. 106-396, Sec. 101(a)(4)(D)(ii), struck 
out ``pilot'' before ``program'' in two places in introductory 
provisions.
    Subsec. (c)(3)(B). Pub. L. 106-396, Sec. 101(a)(4)(D)(iii), struck 
out ``pilot'' before ``program'' in introductory provisions.
    Subsec. (c)(5). Pub. L. 106-396, Sec. 204(b), added par. (5).
    Subsec. (c)(6). Pub. L. 106-396, Sec. 206, added par. (6).
    Subsec. (c)(7). Pub. L. 106-396, Sec. 207, added par. (7).
    Subsec. (e)(1). Pub. L. 106-396, Secs. 101(a)(5)(A), 403(d)(1)(A), 
in introductory provisions, substituted ``carrier (including any carrier 
conducting operations under part 135 of title 14, Code of Federal 
Regulations) or a domestic corporation conducting operations under part 
91 of that title'' for ``carrier'' in two places and struck out 
``pilot'' before ``program''.
    Subsec. (e)(1)(B). Pub. L. 106-396, Sec. 101(a)(5)(B), struck out 
``pilot'' before ``program''.
    Subsec. (e)(1)(D). Pub. L. 106-396, Sec. 205(b), added subpar. (D).
    Subsec. (e)(2). Pub. L. 106-396, Sec. 403(d)(1), substituted 
``carrier (including any carrier conducting operations under part 135 of 
title 14, Code of Federal Regulations) or a domestic corporation 
conducting operations under part 91 of that title'' for ``carrier'' and 
``failure by a carrier (including any carrier conducting operations 
under part 135 of title 14, Code of Federal Regulations) or a domestic 
corporation conducting operations under part 91 of that title'' for 
``carrier's failure''.
    Subsec. (e)(3). Pub. L. 106-396, Sec. 403(d)(2), added par. (3).
    Subsec. (f). Pub. L. 106-396, Sec. 101(a)(6), redesignated subsec. 
(g) as (f) and struck out heading and text of former subsec. (f). Text 
read as follows: ``For purposes of this section, the term `pilot program 
period' means the period beginning on October 1, 1988, and ending on 
April 30, 2000.''
    Subsec. (f)(1)(A), (C). Pub. L. 106-396, Sec. 101(a)(7)(A), (B), 
struck out ``pilot'' before ``program''.
    Subsec. (f)(2) to (4). Pub. L. 106-396, Sec. 101(a)(7)(C)-(E), 
substituted ``as a program country'' for ``as a pilot program country'' 
in two places in par. (2)(A) and struck out ``pilot'' before ``program'' 
in pars. (3) and (4)(A).
    Subsec. (g). Pub. L. 106-396, Sec. 203(b), added subsec. (g). Former 
subsec. (g) redesignated (f).
    Subsec. (h). Pub. L. 106-396, Sec. 205(a), added subsec. (h).
    1998--Subsec. (c)(2). Pub. L. 105-173, Sec. 3, reenacted heading 
without change and amended text generally. Prior to amendment, text 
consisted of introductory provisions and subpars. (A) to (D) relating to 
low nonimmigrant visa refusal rate for previous 2-year period, low 
nonimmigrant visa refusal rate for each of 2 previous years, machine 
readable passport program, and law enforcement interests.
    Subsec. (f). Pub. L. 105-173, Sec. 1, substituted ``2000'' for 
``1998''.
    1997--Subsec. (f). Pub. L. 105-119 reenacted subsec. heading without 
change and amended text generally, substituting ``April 30, 1998'' for 
``September 30, 1997''.
    1996--Subsec. (a). Pub. L. 104-208, Sec. 635(a)(1), in introductory 
provisions, substituted ``Attorney General, in consultation with the 
Secretary of State'' for ``Attorney General and the Secretary of State, 
acting jointly''.
    Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 635(c)(3), struck out ``or 
is designated as a pilot program country with probationary status under 
subsection (g) of this section'' after ``subsection (c) of this 
section''.
    Subsec. (b)(2). Pub. L. 104-208, Sec. 308(e)(9), substituted 
``removal of'' for ``deportation against''.
    Subsec. (c)(1). Pub. L. 104-208, Sec. 635(a)(2), substituted 
``Attorney General, in consultation with the Secretary of State,'' for 
``Attorney General and the Secretary of State acting jointly''.
    Subsec. (c)(3)(A)(i). Pub. L. 104-208, Sec. 308(d)(4)(F), 
substituted ``denied admission at the time of arrival'' for ``excluded 
from admission''.
    Subsec. (d). Pub. L. 104-208, Sec. 635(a)(3), substituted ``Attorney 
General, in consultation with the Secretary of State'' for ``Attorney 
General and the Secretary of State, acting jointly''.
    Subsec. (f). Pub. L. 104-208, Sec. 635(b), substituted ``1997.'' for 
``1996''.
    Subsec. (g). Pub. L. 104-208, Sec. 635(c)(1), amended heading and 
text of subsec. (g) generally. Prior to amendment, text provided 
authority for Attorney General and Secretary of State to designate 
countries as pilot program countries with probationary status.
    Subsec. (g)(4)(A)(i). Pub. L. 104-208, Sec. 308(d)(4)(F), 
substituted ``denied admission at the time of arrival'' for ``excluded 
from admission''.
    1994--Subsec. (a)(2)(B). Pub. L. 103-416, Sec. 211(1), inserted 
before period at end ``or is designated as a pilot program country with 
probationary status under subsection (g) of this section''.
    Subsec. (c)(2). Pub. L. 103-416, Sec. 211(3), substituted ``Except 
as provided in subsection (g)(4) of this section, a country'' for ``A 
country''.
    Subsec. (f). Pub. L. 103-416, Sec. 210, substituted ``1996'' for 
``1995.''.
    Pub. L. 103-415 substituted ``1995'' for ``1994''.
    Subsec. (g). Pub. L. 103-416, Sec. 211(2), added subsec. (g).
    1991--Subsec. (a). Pub. L. 102-232, Sec. 307(l)(3), substituted 
``paragraph (7)(B)(i)(II)'' for ``paragraph (26)(B)''.
    Subsec. (a)(4). Pub. L. 102-232, Sec. 303(a)(1)(A), in heading 
substituted ``into the United States'' for ``by sea or air''.
    Subsec. (b). Pub. L. 102-232, Sec. 303(a)(1)(B), made technical 
amendment to heading.
    Subsec. (e)(1). Pub. L. 102-232, Sec. 303(a)(2), substituted 
``subsection (a)(4)'' for ``subsection (a)(4)(C)''.
    1990--Subsec. (a)(2). Pub. L. 101-649, Sec. 201(a)(1), inserted ``, 
and presents a passport issued by,'' after ``is a national of''.
    Subsec. (a)(3). Pub. L. 101-649, Sec. 201(a)(2), in heading 
substituted reference to immigration forms for reference to entry 
control and waiver forms, and in text substituted ``completes such 
immigration form as the Attorney General shall establish'' for ``--
        ``(A) completes such immigration form as the Attorney General 
    shall establish under subsection (b)(3) of this section, and
        ``(B) executes a waiver of review and appeal described in 
    subsection (b)(4) of this section''.
    Subsec. (a)(4). Pub. L. 101-649, Sec. 201(a)(3), added par. (4) and 
struck out former par. (4) which waived visa requirement for certain 
aliens having round-trip transportation tickets.
    Subsec. (a)(7). Pub. L. 101-649, Sec. 201(a)(4), added par. (7).
    Subsec. (b). Pub. L. 101-649, Sec. 201(a)(5), redesignated subsec. 
(b)(4) as subsec. (b) and subpars. (A) and (B) as pars. (1) and (2), 
respectively, and struck out subsec. (b) heading ``Conditions before 
pilot program can be put into operation'' and pars. (1) to (3) which 
related to prior notice to Congress, automated data arrival and 
departure system, and visa waiver information form, respectively.
    Subsec. (c)(1). Pub. L. 101-649, Sec. 201(a)(6)(A), substituted in 
heading, ``In general'' for ``Up to 8 countries'' and in text 
substituted ``any country as a pilot program country if it meets the 
requirements of paragraph (2)'' for ``up to eight countries as pilot 
program countries for purposes of the pilot program''.
    Subsec. (c)(2). Pub. L. 101-649, Sec. 201(a)(6)(B), substituted 
``Qualifications'' for ``Initial qualifications'' in heading and ``A 
country'' for ``For the initial period described in paragraph (4), a 
country'' in introductory provisions, and added subpars. (C) and (D).
    Subsec. (d). Pub. L. 101-649, Sec. 201(a)(7), added subsec. (d). 
Former subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 101-649, Sec. 201(a)(7), (8), redesignated 
subsec. (d) as (e) and added subpar. (C) at end of par. (1). Former 
subsec. (e) redesignated (f).
    Subsec. (f). Pub. L. 101-649, Sec. 201(a)(7), (9), redesignated 
subsec. (e) as (f) and substituted ``on October 1, 1988, and ending on 
September 30, 1994'' for ``at the end of the 30-day period referred to 
in subsection (b)(1) of this section and ending on the last day of the 
third fiscal year which begins after such 30-day period''.
    1988--Pub. L. 100-525, Sec. 2(p)(1), made technical amendment to 
directory language of Pub. L. 99-603, Sec. 313(a), which enacted this 
section.
    Subsec. (a). Pub. L. 100-525, Sec. 2(p)(2), substituted 
``hereinafter'' for ``hereafter''.


                    Effective Date of 1996 Amendment

    Amendment by section 308(d)(4)(F), (e)(9) of Pub. L. 104-208 
effective, with certain transitional provisions, on the first day of the 
first month beginning more than 180 days after Sept. 30, 1996, see 
section 309 of Pub. L. 104-208, set out as a note under section 1101 of 
this title.


                    Effective Date of 1991 Amendment

    Amendment by section 303(a)(1), (2) of Pub. L. 102-232 effective as 
if included in the enactment of the Immigration Act of 1990, Pub. L. 
101-649, see section 310(1) of Pub. L. 102-232, set out as a note under 
section 1101 of this title.
    Section 307(l) of Pub. L. 102-232 provided that the amendment made 
by that section is effective as if included in section 603(a) of the 
Immigration Act of 1990, Pub. L. 101-649.


                    Effective Date of 1990 Amendment

    Section 201(d) of Pub. L. 101-649 provided that: ``The amendments 
made by this section [amending this section and section 1323 of this 
title] shall take effect as of the date of the enactment of this Act 
[Nov. 29, 1990].''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-525 effective as if included in enactment 
of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see 
section 2(s) of Pub. L. 100-525, set out as a note under section 1101 of 
this title.


                             Report Required

    Pub. L. 106-396, title IV, Sec. 403(e), Oct. 30, 2000, 114 Stat. 
1649, provided that: ``Not later than two years after the date of the 
enactment of this Act [Oct. 30, 2000], the Attorney General shall submit 
a report to the Committees on the Judiciary of the House of 
Representatives and the Senate assessing the effectiveness of the 
program implemented under the amendments made by this section [amending 
this section] for simplifying the admission of business travelers from 
visa waiver program countries and compliance with the Immigration and 
Nationality Act [8 U.S.C. 1101 et seq.] by such travelers under that 
program.''


                          Transition Provisions

    Section 635(c)(2) of div. C of Pub. L. 104-208 provided that: ``A 
country designated as a pilot program country with probationary status 
under section 217(g) of the Immigration and Nationality Act [8 U.S.C. 
1187(g)] (as in effect on the day before the date of the enactment of 
this Act [Sept. 30, 1996]) 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)).''


Operation of Automated Data Arrival and Departure Control System; Report 
                               to Congress

    Section 201(c) of Pub. L. 101-649 provided that: ``By not later than 
January 1, 1992, the Attorney General, in consultation with the 
Secretary of State, shall submit to the Committees on the Judiciary of 
the House of Representatives and of the Senate a report on the operation 
of the automated data arrival and departure control system for foreign 
visitors and on admission refusals and overstays for such visitors who 
have entered under the visa waiver program.''


                   Report on Visa Waiver Pilot Program

    Section 405 of Pub. L. 99-603 provided that:
    ``(a) Monitoring and Report on the Pilot Program.--The Attorney 
General and the Secretary of State shall jointly monitor the pilot 
program established under section 217 of the Immigration and Nationality 
Act [8 U.S.C. 1187] and shall report to the Congress not later than two 
years after the beginning of the program.
    ``(b) Details in Report.--The report shall include--
        ``(1) an evaluation of the program, including its impact--
            ``(A) on the control of alien visitors to the United States,
            ``(B) on consular operations in the countries designated 
        under the program, as well as on consular operations in other 
        countries in which additional consular personnel have been 
        relocated as a result of the implementation of the program, and
            ``(C) on the United States tourism industry; and
        ``(2) recommendations--
            ``(A) on extending the pilot program period, and
            ``(B) on increasing the number of countries that may be 
        designated under the program.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1182, 1184, 1229c, 1255, 
1258, 1365a of this title.
