§ 1187. — Visa waiver program for certain visitors.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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
(A) In general
Except as provided in subparagraph (B), on or after October
1, 2003, 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.
(B) Limited waiver authority
For the period beginning October 1, 2003, and ending
September 30, 2007, the Secretary of State may waive the
requirement of subparagraph (A) with respect to nationals of a
program country (as designated under subsection (c) of this
section), if the Secretary of State finds that the program
country--
(i) is making progress toward ensuring that passports
meeting the requirement of subparagraph (A) are generally
available to its nationals; and
(ii) has taken appropriate measures to protect against
misuse of passports the country has issued that do not meet
the requirement of subparagraph (A).
(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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\1\ So in original. Probably should be followed by a comma.
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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.
(D) Reporting passport thefts
The government of the country certifies that it reports to
the United States Government on a timely basis the theft of
blank passports issued by that country.
(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 2
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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\3\ So in original. Probably should be ``subsection''.
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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.
(5) Failure to report passport thefts
If the Attorney General and the Secretary of State jointly
determine that the program country is not reporting the theft of
blank passports, as required by subsection (c)(2)(D) of this
section, the Attorney General shall terminate the designation of the
country as a program country.
(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; Pub. L. 107-56, title IV, Sec. 417(c), (d),
Oct. 26, 2001, 115 Stat. 355; Pub. L. 107-173, title III, Sec. 307(a),
May 14, 2002, 116 Stat. 556.)
Amendments
2002--Subsec. (c)(2)(D). Pub. L. 107-173, Sec. 307(a)(1), added
subpar. (D).
Subsec. (c)(5)(A)(i). Pub. L. 107-173, Sec. 307(a)(2), substituted
``2 years'' for ``5 years'' in introductory provisions.
Subsec. (f)(5). Pub. L. 107-173, Sec. 307(a)(3), added par. (5).
2001--Subsec. (a)(3). Pub. L. 107-56, Sec. 417(d), which directed
the substitution of ``(A) In general.--Except as provided in
subparagraph (B), on or after'' for ``On or after'' and the addition of
subpar. (B), was executed making the substitution for ``On and after''
and adding subpar. (B) to reflect the probable intent of Congress.
Pub. L. 107-56, Sec. 417(c), substituted ``2003,'' for ``2007,''.
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.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
Machine Readable Passports
Pub. L. 107-56, title IV, Sec. 417(a), (b), Oct. 26, 2001, 115 Stat.
355, provided that:
``(a) Audits.--The Secretary of State shall, each fiscal year until
September 30, 2007--
``(1) perform annual audits of the implementation of section
217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(B));
``(2) check for the implementation of precautionary measures to
prevent the counterfeiting and theft of passports; and
``(3) ascertain that countries designated under the visa waiver
program have established a program to develop tamper-resistant
passports.
``(b) Periodic Reports.--Beginning one year after the date of
enactment of this Act [Oct. 26, 2001], and every year thereafter until
2007, the Secretary of State shall submit a report to Congress setting
forth the findings of the most recent audit conducted under subsection
(a)(1).''
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.''
Se