(c) Designation of program countries
(1) In general
The Secretary of Homeland Security, 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), a country may not be designated as a program country unless the following requirements are met:
(A) Low nonimmigrant visa refusal rate
(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) Passport program
(i) Issuance of passports
The government of the country certifies that it issues to its citizens passports described in subparagraph (A) of subsection (a)(3), and on or after April 1, 2016, passports described in subparagraph (B) of subsection (a)(3).
(ii) Validation of passports
Not later than October 1, 2016, the government of the country certifies that it has in place mechanisms to validate passports described in subparagraphs (A) and (B) of subsection (a)(3) at each key port of entry into that country. This requirement shall not apply to travel between countries which fall within the Schengen Zone.
(C) Law enforcement and security interests
The Secretary of Homeland Security, 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, the Committee on Foreign Affairs, and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the country’s qualification for designation that includes an explanation of such determination.
(D) Reporting lost and stolen passports
The government of the country enters into an agreement with the United States to report, or make available through Interpol or other means as designated by the Secretary of Homeland Security, to the United States Government information about the theft or loss of passports not later than 24 hours after becoming aware of the theft or loss and in a manner specified in the agreement.
(E) Repatriation of aliens
The government of the country accepts for repatriation any citizen, former citizen, or national of the country against whom a final executable order of removal is issued not later than three weeks after the issuance of the final order of removal. Nothing in this subparagraph creates any duty for the United States or any right for any alien with respect to removal or release. Nothing in this subparagraph gives rise to any cause of action or claim under this paragraph or any other law against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien.
(F) Passenger information exchange
The government of the country enters into an agreement with the United States to share information regarding whether citizens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens, and fully implements such agreement.
(G) Interpol screening
Not later than 270 days after December 18, 2015, except in the case of a country in which there is not an international airport, the government of the country certifies to the Secretary of Homeland Security that, to the maximum extent allowed under the laws of the country, it is screening, for unlawful activity, each person who is not a citizen or national of that country who is admitted to or departs that country, by using relevant databases and notices maintained by Interpol, or other means designated by the Secretary of Homeland Security. This requirement shall not apply to travel between countries which fall within the Schengen Zone.
(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) 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 Secretary of Homeland Security, 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);
(III) shall submit a written report to the Committee on the Judiciary, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Homeland Security, of the House of Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, the Select Committee on Intelligence and the Committee on Homeland Security and Governmental Affairs 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);
(IV) shall submit to Congress a report regarding the implementation of the electronic system for travel authorization under subsection (h)(3) and the participation of new countries in the program through a waiver under paragraph (8); and
(V) shall submit to the committees described in subclause (III), a report that includes an assessment of the threat to the national security of the United States of the designation of each country designated as a program country, including the compliance of the government of each such country with the requirements under subparagraphs (D) and (F) of paragraph (2), as well as each such government’s capacity to comply with such requirements.
(ii) Effective date
A termination of the designation of a country under this subparagraph shall take effect on the date determined by the Secretary of Homeland Security, in consultation with the Secretary of State.
(iii) Redesignation
In the case of a termination under this subparagraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), when the Secretary of Homeland Security, 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 Secretary of Homeland Security, 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 Secretary of Homeland Security 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 Secretary of Homeland Security may redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), when the Secretary of Homeland Security, 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.
(iv) Program suspension authority
The Director of National Intelligence shall immediately inform the Secretary of Homeland Security of any current and credible threat which poses an imminent danger to the United States or its citizens and originates from a country participating in the visa waiver program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State—
(I) may suspend a country from the visa waiver program without prior notice;
(II) shall notify any country suspended under subclause (I) and, to the extent practicable without disclosing sensitive intelligence sources and methods, provide justification for the suspension; and
(III) shall restore the suspended country’s participation in the visa waiver program upon a determination that the threat no longer poses an imminent danger to the United States or its citizens.
(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) 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) 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 Secretary of Homeland Security, 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 Secretary of Homeland Security 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 Secretary of Homeland Security.
(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.
(8) Nonimmigrant visa refusal rate flexibility
(A) Certification
(i) In general
On the date on which an air exit system is in place that can verify the departure of not less than 97 percent of foreign nationals who exit through airports of the United States and the electronic system for travel authorization required under subsection (h)(3) is fully operational, the Secretary of Homeland Security shall certify to Congress that such air exit system and electronic system for travel authorization are in place.
(ii) Notification to Congress
The Secretary shall notify Congress in writing of the date on which the air exit system under clause (i) fully satisfies the biometric requirements specified in subsection (i).
(iii) Temporary suspension of waiver authority
Notwithstanding any certification made under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009, the Secretary’s waiver authority under subparagraph (B) shall be suspended beginning on July 1, 2009, until such time as the Secretary makes such notification.
(iv) Rule of construction
Nothing in this paragraph shall be construed as in any way abrogating the reporting requirements under subsection (i)(3).
(B) Waiver
After certification by the Secretary under subparagraph (A), the Secretary, in consultation with the Secretary of State, may waive the application of paragraph (2)(A) for a country if—
(i) the country meets all security requirements of this section;
(ii) the Secretary of Homeland Security determines that the totality of the country’s security risk mitigation measures provide assurance that the country’s participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States;
(iii) there has been a sustained reduction in the rate of refusals for nonimmigrant visas for nationals of the country and conditions exist to continue such reduction;
(iv) the country cooperated with the Government of the United States on counterterrorism initiatives, information sharing, and preventing terrorist travel before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State determine that such cooperation will continue; and
(v)
(I) the rate of refusals for nonimmigrant visitor visas for nationals of the country during the previous full fiscal year was not more than ten percent; or
(II) the visa overstay rate for the country for the previous full fiscal year does not exceed the maximum visa overstay rate, once such rate is established under subparagraph (C).
(C) Maximum visa overstay rate
(i) Requirement to establish
After certification by the Secretary under subparagraph (A), the Secretary and the Secretary of State jointly shall use information from the air exit system referred to in such subparagraph to establish a maximum visa overstay rate for countries participating in the program pursuant to a waiver under subparagraph (B). The Secretary of Homeland Security shall certify to Congress that such rate would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States.
(ii) Visa overstay rate defined
In this paragraph the term “visa overstay rate” means, with respect to a country, the ratio of—
(I) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa whose periods of authorized stays ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to
(II) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa during that fiscal year.
(iii) Report and publication
The Secretary of Homeland Security shall on the same date submit to Congress and publish in the Federal Register information relating to the maximum visa overstay rate established under clause (i). Not later than 60 days after such date, the Secretary shall issue a final maximum visa overstay rate above which a country may not participate in the program.
(9) Discretionary security-related considerations
In determining whether to waive the application of paragraph (2)(A) for a country, pursuant to paragraph (8), the Secretary of Homeland Security, in consultation with the Secretary of State, shall take into consideration other factors affecting the security of the United States, including—
(A) airport security standards in the country;
(B) whether the country assists in the operation of an effective air marshal program;
(C) the standards of passports and travel documents issued by the country; and
(D) other security-related factors, including the country’s cooperation with the United States’ initiatives toward combating terrorism and the country’s cooperation with the United States intelligence community in sharing information regarding terrorist threats.
(10) Technical assistance
The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide technical assistance to program countries to assist those countries in meeting the requirements under this section. The Secretary of Homeland Security shall ensure that the program office within the Department of Homeland Security is adequately staffed and has resources to be able to provide such technical assistance, in addition to its duties to effectively monitor compliance of the countries participating in the program with all the requirements of the program.
(11) Independent review
(A) In general
Prior to the admission of a new country into the program under this section, and in conjunction with the periodic evaluations required under subsection (c)(5)(A), the Director of National Intelligence shall conduct an independent intelligence assessment of a nominated country and member of the program.
(B) Reporting requirement
The Director shall provide to the Secretary of Homeland Security, the Secretary of State, and the Attorney General the independent intelligence assessment required under subparagraph (A).
(C) Contents
The independent intelligence assessment conducted by the Director shall include—
(i) a review of all current, credible terrorist threats of the subject country;
(ii) an evaluation of the subject country’s counterterrorism efforts;
(iii) an evaluation as to the extent of the country’s sharing of information beneficial to suppressing terrorist movements, financing, or actions;
(iv) an assessment of the risks associated with including the subject country in the program; and
(v) recommendations to mitigate the risks identified in clause (iv).
(12) Designation of high risk program countries
(A) In general
The Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall evaluate program countries on an annual basis based on the criteria described in subparagraph (B) and shall identify any program country, the admission of nationals from which under the visa waiver program under this section, the Secretary determines presents a high risk to the national security of the United States.
(B) Criteria
In evaluating program countries under subparagraph (A), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall consider the following criteria:
(i) The number of nationals of the country determined to be ineligible to travel to the United States under the program during the previous year.
(ii) The number of nationals of the country who were identified in United States Government databases related to the identities of known or suspected terrorists during the previous year.
(iii) The estimated number of nationals of the country who have traveled to Iraq or Syria at any time on or after March 1, 2011 to engage in terrorism.
(iv) The capacity of the country to combat passport fraud.
(v) The level of cooperation of the country with the counter-terrorism efforts of the United States.
(vi) The adequacy of the border and immigration control of the country.
(vii) Any other criteria the Secretary of Homeland Security determines to be appropriate.
(C) Suspension of designation
The Secretary of Homeland Security, in consultation with the Secretary of State, may suspend the designation of a program country based on a determination that the country presents a high risk to the national security of the United States under subparagraph (A) until such time as the Secretary determines that the country no longer presents such a risk.
(D) Report
Not later than 60 days after December 18, 2015, and annually thereafter, the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report, which includes an evaluation and threat assessment of each country determined to present a high risk to the national security of the United States under subparagraph (A).
References in Text
The International Emergency Economic Powers Act, referred to in subsec. (a)(12)(A)(i)(II), (ii)(II), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.
This chapter, referred to in subsecs. (b)(1) and (c)(7)(B)(iv), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
Amendments
2015—Pub. L. 114–113, § 209(b)(1), substituted “electronic system for travel authorization” for “electronic travel authorization system” wherever appearing.
Pub. L. 114–113, § 209(a), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing, except in subsec. (c)(11)(B).
Subsec. (a)(3). Pub. L. 114–113, § 202(a), amended par. (3) generally. Prior to amendment, par. (3) related to machine readable passport requirement.
Subsec. (a)(11). Pub. L. 114–113, § 209(b)(2), substituted “electronic system for travel authorization” for “electronic travel authorization system” in heading.
Subsec. (a)(12). Pub. L. 114–113, § 203, added par. (12).
Subsec. (c)(2)(B). Pub. L. 114–113, § 202(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to machine readable passport program.
Subsec. (c)(2)(C)(iii). Pub. L. 114–113, § 205(a)(1), substituted “, the Committee on Foreign Affairs, and the Committee on Homeland Security” for “and the Committee on International Relations” and “, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs” for “and the Committee on Foreign Relations”.
Subsec. (c)(2)(D). Pub. L. 114–113, § 204(a), substituted “not later than 24 hours after becoming aware of the theft or loss” for “within a strict time limit”.
Subsec. (c)(2)(F). Pub. L. 114–113, § 204(c), inserted before period at end “, and fully implements such agreement”.
Subsec. (c)(2)(G). Pub. L. 114–113, § 204(b), added subpar. (G).
Subsec. (c)(5)(A)(i)(III). Pub. L. 114–113, § 205(a)(2)(A)(i), (ii), inserted “the Permanent Select Committee on Intelligence,” after “the Committee on Foreign Affairs,” and “the Select Committee on Intelligence” after “the Committee on Foreign Relations,”.
Subsec. (c)(5)(A)(i)(V). Pub. L. 114–113, § 205(a)(2)(A)(iii)–(C), added subcl. (V).
Subsec. (c)(12). Pub. L. 114–113, § 206, added par. (12).
Subsec. (f)(6), (7). Pub. L. 114–113, § 204(d), added pars. (6) and (7).
Subsec. (h)(3). Pub. L. 114–113, § 209(b)(3), substituted “Electronic system for travel authorization” for “Electronic travel authorization system” in heading.
Subsec. (h)(3)(C)(i). Pub. L. 114–113, § 207(a)(1), inserted “or shorten the period of eligibility under any such determination” after “any such determination”.
Subsec. (h)(3)(D) to (F). Pub. L. 114–113, § 207(a)(2), added subpars. (D) to (F) and struck out former subpar. (D) which required submission of report regarding the implementation of the automated electronic travel authorization system.
2014—Subsec. (h)(3)(B)(iii). Pub. L. 113–235, § 605(b), substituted “September 30, 2020” for “September 30, 2015”.
2010—Subsec. (h)(3)(B). Pub. L. 111–145, § 9(h), formerly § 9(e), as renumbered by Pub. L. 113–235, § 606(1), amended subpar. (B) generally. Prior to amendment, text read as follows: “The Secretary of Homeland Security may charge a fee for the use of the System, which shall be—
“(i) set at a level that will ensure recovery of the full costs of providing and administering the System; and
“(ii) available to pay the costs incurred to administer the System.”
Subsec. (h)(3)(B)(ii). Pub. L. 111–198, § 5(a)(1), made technical amendment to reference in original act which appears in text as reference to “subsection (d) of section 2131 of title 22”.
Subsec. (h)(3)(B)(iii). Pub. L. 111–198, § 5(a)(2), substituted “September 30, 2015.” for “September 30, 2014.”
2007—Subsec. (a). Pub. L. 110–53, § 711(d)(1)(A)(i), designated concluding provisions as par. (10) and inserted heading.
Subsec. (a)(11). Pub. L. 110–53, § 711(d)(1)(A)(ii), added par. (11).
Subsec. (c)(2)(D). Pub. L. 110–53, § 711(d)(1)(B)(i)(I), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “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.”
Subsec. (c)(2)(E), (F). Pub. L. 110–53, § 711(d)(1)(B)(i)(II), added subpars. (E) and (F).
Subsec. (c)(5)(A)(i). Pub. L. 110–53, § 711(d)(1)(B)(ii)(I), substituted “Secretary of Homeland Security” for “Attorney General” in introductory provisions.
Subsec. (c)(5)(A)(i)(III). Pub. L. 110–53, § 711(d)(1)(B)(ii)(II)(bb)(AA), substituted “, the Committee on Foreign Affairs, and the Committee on Homeland Security,” for “and the Committee on International Relations” and “, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs” for “and the Committee on Foreign Relations”.
Subsec. (c)(5)(A)(i)(IV). Pub. L. 110–53, § 711(d)(1)(B)(ii)(II)(aa), (bb)(BB), (cc), added subcl. (IV).
Subsec. (c)(5)(A)(ii), (iii), (B)(i), (iii). Pub. L. 110–53, § 711(d)(1)(B)(ii)(I), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing.
Subsec. (c)(5)(B)(iv). Pub. L. 110–53, § 711(d)(1)(B)(ii)(III), added cl. (iv).
Subsec. (c)(8), (9). Pub. L. 110–53, § 711(c), added pars. (8) and (9).
Subsec. (c)(10), (11). Pub. L. 110–53, § 711(d)(1)(B)(iii), added pars. (10) and (11).
Subsec. (d). Pub. L. 110–53, § 711(d)(1)(C), substituted “Secretary of Homeland Security” for “Attorney General” in first sentence and inserted at end “The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver.”
Subsec. (f)(5). Pub. L. 110–53, § 711(d)(1)(D), substituted “Secretary of Homeland Security” for “Attorney General” in two places and “theft or loss of passports” for “theft of blank passports”.
Subsec. (h)(3). Pub. L. 110–53, § 711(d)(1)(E), added par. (3).
Subsec. (i). Pub. L. 110–53, § 711(d)(1)(F), added subsec. (i).
2002—Subsec. (c)(2)(D). Pub. L. 107–173, § 307(a)(1), added subpar. (D).
Subsec. (c)(5)(A)(i). Pub. L. 107–173, § 307(a)(2), substituted “2 years” for “5 years” in introductory provisions.
Subsec. (f)(5). Pub. L. 107–173, § 307(a)(3), added par. (5).
2001—Subsec. (a)(3). Pub. L. 107–56, § 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, § 417(c), substituted “2003,” for “2007,”.
2000—Pub. L. 106–396, § 101(a)(1), in section catchline struck out “pilot” before “program”.
Subsec. (a). Pub. L. 106–396, §§ 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, § 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, § 101(a)(2)(D), in heading struck out “pilot” before “program”.
Subsec. (a)(2)(A). Pub. L. 106–396, § 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, § 202(a), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 106–396, § 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). 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, § 202(a)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (a)(6), (7). Pub. L. 106–396, § 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, § 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, § 202(a)(1), designated par. (7) as (8).
Subsec. (a)(9). Pub. L. 106–396, § 203(a), added par. (9).
Subsec. (b). Pub. L. 106–396, § 101(a)(3), struck out “pilot” before “program” in introductory provisions.
Subsec. (c). Pub. L. 106–396, § 101(a)(4)(A), in heading struck out “pilot” before “program”.
Subsec. (c)(1). Pub. L. 106–396, § 101(a)(4)(B), struck out “pilot” before “program”.
Subsec. (c)(2). Pub. L. 106–396, § 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, § 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, § 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, § 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, § 101(a)(4)(D)(ii), struck out “pilot” before “program” in two places in introductory provisions.
Subsec. (c)(3)(B). Pub. L. 106–396, § 101(a)(4)(D)(iii), struck out “pilot” before “program” in introductory provisions.
Subsec. (c)(5). Pub. L. 106–396, § 204(b), added par. (5).
Subsec. (c)(6). Pub. L. 106–396, § 206, added par. (6).
Subsec. (c)(7). Pub. L. 106–396, § 207, added par. (7).
Subsec. (e)(1). Pub. L. 106–396, §§ 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, § 101(a)(5)(B), struck out “pilot” before “program”.
Subsec. (e)(1)(D). Pub. L. 106–396, § 205(b), added subpar. (D).
Subsec. (e)(2). Pub. L. 106–396, § 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, § 403(d)(2), added par. (3).
Subsec. (f). Pub. L. 106–396, § 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, § 101(a)(7)(A), (B), struck out “pilot” before “program”.
Subsec. (f)(2) to (4). Pub. L. 106–396, § 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, § 203(b), added subsec. (g). Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 106–396, § 205(a), added subsec. (h).
1998—Subsec. (c)(2). Pub. L. 105–173, § 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, § 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, § 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, § 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)”.
Subsec. (b)(2). Pub. L. 104–208, § 308(e)(9), substituted “removal of” for “deportation against”.
Subsec. (c)(1). Pub. L. 104–208, § 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, § 308(d)(4)(F), substituted “denied admission at the time of arrival” for “excluded from admission”.
Subsec. (d). Pub. L. 104–208, § 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, § 635(b), substituted “1997.” for “1996”.
Subsec. (g). Pub. L. 104–208, § 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, § 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, § 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, § 211(3), substituted “Except as provided in subsection (g)(4) of this section, a country” for “A country”.
Subsec. (f). Pub. L. 103–416, § 210, substituted “1996” for “1995.”.
Pub. L. 103–415 substituted “1995” for “1994”.
Subsec. (g). Pub. L. 103–416, § 211(2), added subsec. (g).
1991—Subsec. (a). Pub. L. 102–232, § 307(l)(3), substituted “paragraph (7)(B)(i)(II)” for “paragraph (26)(B)”.
Subsec. (a)(4). Pub. L. 102–232, § 303(a)(1)(A), in heading substituted “into the United States” for “by sea or air”.
Subsec. (b). Pub. L. 102–232, § 303(a)(1)(B), made technical amendment to heading.
Subsec. (e)(1). Pub. L. 102–232, § 303(a)(2), substituted “subsection (a)(4)” for “subsection (a)(4)(C)”.
1990—Subsec. (a)(2). Pub. L. 101–649, § 201(a)(1), inserted “, and presents a passport issued by,” after “is a national of”.
Subsec. (a)(3). Pub. L. 101–649, § 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, § 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, § 201(a)(4), added par. (7).
Subsec. (b). Pub. L. 101–649, § 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, § 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, § 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, § 201(a)(7), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 101–649, § 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, § 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, § 2(p)(1), made technical amendment to directory language of Pub. L. 99–603, § 313(a), which enacted this section.
Subsec. (a). Pub. L. 100–525, § 2(p)(2), substituted “hereinafter” for “hereafter”.
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 2007 Amendment
Pub. L. 110–53, title VII, § 711(d)(2), Aug. 3, 2007, 121 Stat. 345, provided that:
“Section 217(a)(11) of the Immigration and Nationality Act [
8 U.S.C. 1187(a)(11)], as added by paragraph (1)(A)(ii), shall take effect on the date that is 60 days after the date on which the Secretary of Homeland Security publishes notice in the Federal Register of the requirement under such paragraph. [Notice published in Federal Register, Nov. 13, 2008, 73 F.R. 67354.]”
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.
Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.
Effective Date of 1990 Amendment
Pub. L. 101–649, title II, § 201(d), Nov. 29, 1990, 104 Stat. 5014, 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.
Date of Submission of First Report
Pub. L. 114–113, div. O, title II, § 205(b), Dec. 18, 2015, 129 Stat. 2993, provided that:
“The Secretary of Homeland Security shall submit the first report described in subclause (V) of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added by subsection (a), not later than 90 days after the date of the enactment of this Act [Dec. 18, 2015].”
Modernizing and Strengthening of Security of Visa Waiver Program
Pub. L. 110–53, title VII, § 711(b), Aug. 3, 2007, 121 Stat. 338, provided that:
“It is the sense of Congress that—
“(1)
the United States should modernize and strengthen the security of the visa waiver program under section 217 of the Immigration and Nationality Act (
8 U.S.C. 1187) by simultaneously—
“(A) enhancing program security requirements; and
“(B)
extending visa-free travel privileges to nationals of foreign countries that are partners in the war on terrorism—
“(i) that are actively cooperating with the United States to prevent terrorist travel, including sharing counterterrorism and law enforcement information; and
“(ii) whose nationals have demonstrated their compliance with the provisions of the Immigration and Nationality Act [
8 U.S.C. 1101 et seq.] regarding the purpose and duration of their admission to the United States; and
“(2)
the modernization described in paragraph (1) will—
“(A) enhance bilateral cooperation on critical counterterrorism and information sharing initiatives;
“(B) support and expand tourism and business opportunities to enhance long-term economic competitiveness; and
“(C) strengthen bilateral relationships.”
Machine Readable Passports
Pub. L. 107–56, title IV, § 417(a), (b), Oct. 26, 2001, 115 Stat. 355, required the Secretary of State to perform annual audits and submit reports relating to machine readable, counterfeit, and tamper-resistant passports until Sept. 30, 2007.
Report Required
Pub. L. 106–396, title IV, § 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
Pub. L. 104–208, div. C, title VI, § 635(c)(2), Sept. 30, 1996, 110 Stat. 3009–703, 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
Pub. L. 101–649, title II, § 201(c), Nov. 29, 1990, 104 Stat. 5014, 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
Pub. L. 99–603, title IV, § 405, Nov. 6, 1986, 100 Stat. 3442, 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)
“(A) on extending the pilot program period, and
“(B) on increasing the number of countries that may be designated under the program.”