§ 1187 TITLE 8—ALIENS AND NATIONALITY Page 218

fully authorized to be employed in the United it a common area for immigration admis- States (other than the alien and the alien’s spouse, sions, reciprocal privileges to citizens and sons, or daughters), and those jobs exist or existed nationals of the , and on either of the dates described in paragraph (3); (B) is designated as a pilot program coun- and ‘‘(C) considering the alien’s investments in such try under subsection (c). enterprises on either of the dates described in para- (3) requirements graph (3), or on both such dates, the alien is or was The alien, at the time of application for ad- in substantial compliance with the capital invest- ment requirement described in section 216A(d)(1)(B) mission, is in possession of a valid unexpired of the Immigration and Nationality Act (8 U.S.C. passport that satisfies the following: 1186b(d)(1)(B)). (A) Machine readable ‘‘(3) DATES.—The dates described in this paragraph are the following: The passport is a machine-readable pass- ‘‘(A) The date on which the application described port that is tamper-resistant, incorporates in subsection (b)(2) was filed. document authentication identifiers, and ‘‘(B) The date on which the determination under otherwise satisfies the internationally ac- paragraph (2) is made. cepted standard for machine readability. ‘‘(f) CLARIFICATION WITH RESPECT TO CHILDREN.—In (B) Electronic the case of an alien who was a child on the date on which the application described in subsection (b)(2) was Beginning on April 1, 2016, the passport is filed, the alien shall be considered to be a child for pur- an electronic passport that is fraud-resist- poses of this section regardless of any change in age or ant, contains relevant biographic and bio- marital status after such date. metric information (as determined by the ‘‘SEC. 11033. REGULATIONS. Secretary of Homeland Security), and other- ‘‘The Immigration and Service shall wise satisfies internationally accepted promulgate regulations to implement this chapter standards for electronic . [chapter 1 (§§ 11031–11034) of subtitle B of title I of div. (4) Executes immigration forms C of Pub. L. 107–273, enacting this note] not later than 120 days after the date of enactment of this Act [Nov. The alien before the time of such admission 2, 2002]. Until such regulations are promulgated, the completes such immigration form as the Sec- Attorney General shall not deny a petition filed or retary of Homeland Security shall establish. pending under section 216A(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1186b(c)(1)(A)) that re- (5) Entry into the United States lates to an eligible alien described in section 11031, or If arriving by sea or air, the alien arrives at on an application filed or pending under section 245 of the port of entry into the United States on a such Act (8 U.S.C. 1255) that relates to an eligible alien carrier, including any carrier conducting oper- described in section 11032. Until such regulations are ations under part 135 of title 14, Code of Fed- promulgated, the Attorney General shall not initiate or proceed with removal proceedings under section 240 of eral Regulations, or a noncommercial aircraft the Immigration and Nationality Act (8 U.S.C. 1229a) that is owned or operated by a domestic cor- that relate to an eligible alien described in section poration conducting operations under part 91 11031 or 11032. of title 14, Code of Federal Regulations 1 which ‘‘SEC. 11034. DEFINITIONS. has entered into an agreement with the Sec- ‘‘Except as otherwise provided, the terms used in this retary of Homeland Security pursuant to sub- chapter shall have the meaning given such terms in section (e). The Secretary of Homeland Secu- section 101(b) of the Immigration and Nationality Act rity is authorized to require a carrier conduct- (8 U.S.C. 1101(b)).’’ ing operations under part 135 of title 14, Code of Federal Regulations, or a domestic corpora- § 1187. Visa waiver program for certain visitors tion conducting operations under part 91 of (a) Establishment of program that title, to give suitable and proper bond, in such reasonable amount and containing such The Secretary of Homeland Security and the conditions as the Secretary of Homeland Secu- Secretary of State are authorized to establish a rity may deem sufficient to ensure compliance program (hereinafter in this section referred to with the indemnification requirements of this as the ‘‘program’’) under which the requirement section, as a term of such an agreement. of paragraph (7)(B)(i)(II) of section 1182(a) of this title may be waived by the Secretary of Home- (6) Not a safety threat land Security, in consultation with the Sec- The alien has been determined not to rep- retary of State and in accordance with this sec- resent a threat to the welfare, health, safety, tion, in the case of an alien who meets the fol- or security of the United States. lowing requirements: (7) No previous violation (1) Seeking entry as tourist for 90 days or less If the alien previously was admitted without The alien is applying for admission during under this section, the alien must not the program as a nonimmigrant visitor (de- have failed to comply with the conditions of scribed in section 1101(a)(15)(B) of this title) any previous admission as such a non- for a period not exceeding 90 days. immigrant. (2) National of program country (8) Round-trip ticket The alien is a national of, and presents a The alien is in possession of a round-trip passport issued by, a country which— transportation ticket (unless this requirement (A) extends (or agrees to extend), either on is waived by the Secretary of Homeland Secu- its own or in conjunction with one or more rity under regulations or the alien is arriving other countries that are described in sub- paragraph (B) and that have established with 1 So in original. Probably should be followed by a comma. Page 219 TITLE 8—ALIENS AND NATIONALITY § 1187

at the port of entry on an aircraft operated (III) in any other country or area of under part 135 of title 14, Code of Federal Reg- concern designated by the Secretary of ulations, or a noncommercial aircraft that is Homeland Security under subparagraph owned or operated by a domestic corporation (D); and conducting operations under part 91 of title 14, (ii) regardless of whether the alien is a Code of Federal Regulations). national of a program country, the alien is (9) Automated system check not a national of— The identity of the alien has been checked (I) or ; using an automated electronic database con- (II) a country that is designated, at the taining information about the inadmissibility time the alien applies for admission, by of aliens to uncover any grounds on which the the Secretary of State under section alien may be inadmissible to the United 4605(j) of title 50 (as continued in effect States, and no such ground has been found. under the International Emergency Eco- (10) Electronic transmission of identification nomic Powers Act (50 U.S.C. 1701 et information seq.)), section 2780 of title 22, section 2371 of title 22, or any other provision of law, Operators of aircraft under part 135 of title as a country, the government of which 14, Code of Federal Regulations, or operators has repeatedly provided support of acts of noncommercial aircraft that are owned or of international terrorism; or operated by a domestic corporation conduct- (III) any other country that is des- ing operations under part 91 of title 14, Code of ignated, at the time the alien applies for Federal Regulations, carrying any alien pas- admission, by the Secretary of Homeland senger who will apply for admission under this Security under subparagraph (D). section shall furnish such information as the Secretary of Homeland Security by regulation (B) Certain military personnel and govern- shall prescribe as necessary for the identifica- ment employees tion of any alien passenger being transported Subparagraph (A)(i) shall not apply in the and for the enforcement of the immigration case of an alien if the Secretary of Homeland laws. Such information shall be electronically Security determines that the alien was transmitted not less than one hour prior to ar- present— rival at the port of entry for purposes of (i) in order to perform military service checking for inadmissibility using the auto- in the armed forces of a program country; mated electronic database. or (11) Eligibility determination under the elec- (ii) in order to carry out official duties tronic system for travel authorization as a full time employee of the government of a program country. Beginning on the date on which the elec- tronic system for travel authorization devel- (C) Waiver oped under subsection (h)(3) is fully oper- The Secretary of Homeland Security may ational, each alien traveling under the pro- waive the application of subparagraph (A) to gram shall, before applying for admission to an alien if the Secretary determines that the United States, electronically provide to such a waiver is in the law enforcement or the system biographical information and such national security interests of the United other information as the Secretary of Home- States. land Security shall determine necessary to de- (D) Countries or areas of concern termine the eligibility of, and whether there (i) In general exists a law enforcement or security risk in Not later than 60 days after December 18, permitting, the alien to travel to the United 2015, the Secretary of Homeland Security, States. Upon review of such biographical in- in consultation with the Secretary of formation, the Secretary of Homeland Secu- State and the Director of National Intel- rity shall determine whether the alien is eligi- ligence, shall determine whether the re- ble to travel to the United States under the quirement under subparagraph (A) shall program. apply to any other country or area. (12) Not present in Iraq, Syria, or any other (ii) Criteria country or area of concern (A) In general In making a determination under clause (i), the Secretary shall consider— Except as provided in subparagraphs (B) (I) whether the presence of an alien in and (C)— the country or area increases the likeli- (i) the alien has not been present, at any hood that the alien is a credible threat time on or after March 1, 2011— to the national security of the United (I) in Iraq or Syria; (II) in a country that is designated by States; the Secretary of State under section (II) whether a foreign terrorist organi- 4605(j) of title 50 (as continued in effect zation has a significant presence in the under the International Emergency Eco- country or area; and (III) whether the country or area is a nomic Powers Act (50 U.S.C. 1701 et safe haven for terrorists. seq.)), section 2780 of title 22, section 2371 of title 22, or any other provision of law, (iii) Annual review as a country, the government of which The Secretary shall conduct a review, on has repeatedly provided support of acts an annual basis, of any determination of international terrorism; or made under clause (i). § 1187 TITLE 8—ALIENS AND NATIONALITY Page 220

(E) Report (ii) Validation of passports Beginning not later than one year after Not later than October 1, 2016, the gov- December 18, 2015, and annually thereafter, ernment of the country certifies that it the Secretary of Homeland Security shall has in place mechanisms to validate pass- submit to the Committee on Homeland Se- ports described in subparagraphs (A) and curity, the Committee on Foreign Affairs, (B) of subsection (a)(3) at each key port of the Permanent Select Committee on Intel- entry into that country. This requirement ligence, and the Committee on the Judiciary shall not apply to travel between countries of the House of Representatives, and the which fall within the Schengen Zone. Committee on Homeland Security and Gov- (C) Law enforcement and security interests ernmental Affairs, the Committee on For- eign Relations, the Select Committee on In- The Secretary of Homeland Security, in telligence, and the Committee on the Judici- consultation with the Secretary of State— ary of the Senate a report on each instance (i) evaluates the effect that the coun- in which the Secretary exercised the waiver try’s designation would have on the law authority under subparagraph (C) during the enforcement and security interests of the previous year. United States (including the interest in enforcement of the immigration laws of (b) Waiver of rights the United States and the existence and ef- An alien may not be provided a waiver under fectiveness of its agreements and proce- the program unless the alien has waived any dures for extraditing to the United States right— individuals, including its own nationals, (1) to review or appeal under this chapter of who commit crimes that violate United an immigration officer’s determination as to States law); the admissibility of the alien at the port of (ii) determines that such interests would entry into the United States, or not be compromised by the designation of (2) to contest, other than on the basis of an the country; and application for asylum, any action for removal (iii) submits a written report to the of the alien. Committee on the Judiciary, the Commit- (c) Designation of program countries tee on Foreign Affairs, and the Committee on Homeland Security of the House of Rep- (1) In general resentatives and the Committee on the Ju- The Secretary of Homeland Security, in con- diciary, the Committee on Foreign Rela- sultation with the Secretary of State, may tions, and the Committee on Homeland Se- designate any country as a program country if curity and Governmental Affairs of the it meets the requirements of paragraph (2). Senate regarding the country’s qualifica- (2) Qualifications tion for designation that includes an ex- planation of such determination. Except as provided in subsection (f), a coun- try may not be designated as a program coun- (D) Reporting lost and stolen passports try unless the following requirements are met: The government of the country enters into (A) Low nonimmigrant visa refusal rate an agreement with the United States to re- port, or make available through Interpol or Either— other means as designated by the Secretary (i) the average number of refusals of non- of Homeland Security, to the United States immigrant visitor visas for nationals of Government information about the theft or that country during— loss of passports not later than 24 hours (I) the two previous full fiscal years after becoming aware of the theft or loss and was less than 2.0 percent of the total in a manner specified in the agreement. number of nonimmigrant visitor visas (E) Repatriation of aliens for nationals of that country which were granted or refused during those years; The government of the country accepts for and repatriation any citizen, former citizen, or (II) either of such two previous full fis- national of the country against whom a final cal years was less than 2.5 percent of the executable order of removal is issued not total number of nonimmigrant visitor later than three weeks after the issuance of visas for nationals of that country which the final order of removal. Nothing in this were granted or refused during that year; subparagraph creates any duty for the or United States or any right for any alien with respect to removal or release. Nothing in (ii) such refusal rate for nationals of that this subparagraph gives rise to any cause of country during the previous full fiscal action or claim under this paragraph or any year was less than 3.0 percent. other law against any official of the United (B) Passport program States or of any State to compel the release, (i) Issuance of passports removal, or consideration for release or re- moval of any alien. The government of the country certifies that it issues to its citizens passports de- (F) Passenger information exchange scribed in subparagraph (A) of subsection The government of the country enters into (a)(3), and on or after April 1, 2016, pass- an agreement with the United States to ports described in subparagraph (B) of sub- share information regarding whether citi- section (a)(3). zens and nationals of that country traveling Page 221 TITLE 8—ALIENS AND NATIONALITY § 1187

to the United States represent a threat to (4) Initial period the security or welfare of the United States For purposes of paragraphs (2) and (3), the or its citizens, and fully implements such term ‘‘initial period’’ means the period begin- agreement. ning at the end of the 30-day period described (G) Interpol screening in subsection (b)(1) and ending on the last day Not later than 270 days after December 18, of the first which begins after such 2015, except in the case of a country in which 30-day period. there is not an international airport, the (5) Written reports on continuing qualification; government of the country certifies to the designation terminations Secretary of Homeland Security that, to the (A) Periodic evaluations maximum extent allowed under the laws of (i) In general the country, it is screening, for unlawful ac- tivity, each person who is not a citizen or The Secretary of Homeland Security, in national of that country who is admitted to consultation with the Secretary of State, or departs that country, by using relevant periodically (but not less than once every databases and notices maintained by 2 years)— Interpol, or other means designated by the (I) shall evaluate the effect of each Secretary of Homeland Security. This re- program country’s continued designation quirement shall not apply to travel between on the law enforcement and security in- countries which fall within the Schengen terests of the United States (including Zone. the interest in enforcement of the immi- gration laws of the United States and (3) Continuing and subsequent qualifications the existence and effectiveness of its For each fiscal year after the initial period— agreements and procedures for extradit- (A) Continuing qualification ing to the United States individuals, in- In the case of a country which was a pro- cluding its own nationals, who commit gram country in the previous fiscal year, a crimes that violate United States law); country may not be designated as a program (II) shall determine, based upon the country unless the sum of— evaluation in subclause (I), whether any (i) the total of the number of nationals such designation ought to be continued of that country who were denied admission or terminated under subsection (d); at the time of arrival or withdrew their ap- (III) shall submit a written report to plication for admission during such pre- the Committee on the Judiciary, the vious fiscal year as a nonimmigrant visi- Committee on Foreign Affairs, the Per- tor, and manent Select Committee on Intel- (ii) the total number of nationals of that ligence, and the Committee on Homeland country who were admitted as non- Security, of the House of Representa- immigrant visitors during such previous tives and the Committee on the Judici- fiscal year and who violated the terms of ary, the Committee on Foreign Rela- such admission, tions, the Select Committee on Intel- was less than 2 percent of the total number ligence and the Committee on Homeland of nationals of that country who applied for Security and Governmental Affairs of admission as nonimmigrant visitors during the Senate regarding the continuation or such previous fiscal year. termination of the country’s designation that includes an explanation of such de- (B) New countries termination and the effects described in In the case of another country, the coun- subclause (I); try may not be designated as a program (IV) shall submit to Congress a report country unless the following requirements regarding the implementation of the are met: electronic system for travel authoriza- (i) Low nonimmigrant visa refusal rate in tion under subsection (h)(3) and the par- previous 2-year period ticipation of new countries in the pro- The average number of refusals of non- gram through a waiver under paragraph immigrant visitor visas for nationals of (8); and that country during the two previous full (V) shall submit to the committees de- fiscal years was less than 2 percent of the scribed in subclause (III), a report that total number of nonimmigrant visitor includes an assessment of the threat to visas for nationals of that country which the national security of the United were granted or refused during those States of the designation of each country years. designated as a program country, includ- (ii) Low nonimmigrant visa refusal rate in ing the compliance of the government of each of the 2 previous years each such country with the requirements under subparagraphs (D) and (F) of para- The average number of refusals of non- graph (2), as well as each such govern- immigrant visitor visas for nationals of ment’s capacity to comply with such re- that country during either of such two pre- quirements. vious full fiscal years was less than 2.5 per- cent of the total number of nonimmigrant (ii) Effective date visitor visas for nationals of that country A termination of the designation of a which were granted or refused during that country under this subparagraph shall year. take effect on the date determined by the § 1187 TITLE 8—ALIENS AND NATIONALITY Page 222

Secretary of Homeland Security, in con- Homeland Security of any current and sultation with the Secretary of State. credible threat which poses an imminent (iii) Redesignation danger to the United States or its citizens In the case of a termination under this and originates from a country participat- subparagraph, the Secretary of Homeland ing in the visa waiver program. Upon re- Security shall redesignate the country as a ceiving such notification, the Secretary, in program country, without regard to sub- consultation with the Secretary of State— (I) may suspend a country from the section (f) or paragraph (2) or (3), when the visa waiver program without prior no- Secretary of Homeland Security, in con- tice; sultation with the Secretary of State, de- (II) shall notify any country suspended termines that all causes of the termi- under subclause (I) and, to the extent nation have been eliminated. practicable without disclosing sensitive (B) Emergency termination intelligence sources and methods, pro- (i) In general vide justification for the suspension; and In the case of a program country in (III) shall restore the suspended coun- which an emergency occurs that the Sec- try’s participation in the visa waiver retary of Homeland Security, in consulta- program upon a determination that the tion with the Secretary of State, deter- threat no longer poses an imminent dan- mines threatens the law enforcement or ger to the United States or its citizens. security interests of the United States (in- (C) Treatment of nationals after termination cluding the interest in enforcement of the For purposes of this paragraph— immigration laws of the United States), (i) nationals of a country whose designa- the Secretary of Homeland Security shall tion is terminated under subparagraph (A) immediately terminate the designation of or (B) shall remain eligible for a waiver the country as a program country. under subsection (a) until the effective (ii) Definition date of such termination; and For purposes of clause (i), the term (ii) a waiver under this section that is ‘‘emergency’’ means— provided to such a national for a period de- (I) the overthrow of a democratically scribed in subsection (a)(1) shall not, by elected government; such termination, be deemed to have been (II) war (including undeclared war, rescinded or otherwise rendered invalid, if civil war, or other military activity) on the waiver is granted prior to such termi- the territory of the program country; nation. (III) a severe breakdown in law and (6) Computation of visa refusal rates order affecting a significant portion of For purposes of determining the eligibility the program country’s territory; of a country to be designated as a program (IV) a severe economic collapse in the country, the calculation of visa refusal rates program country; or (V) any other extraordinary event in shall not include any visa refusals which in- the program country that threatens the corporate any procedures based on, or are law enforcement or security interests of otherwise based on, race, sex, or disability, un- the United States (including the interest less otherwise specifically authorized by law in enforcement of the immigration laws or regulation. No court shall have jurisdiction of the United States) and where the under this paragraph to review any visa re- country’s participation in the program fusal, the denial of admission to the United could contribute to that threat. States of any alien by the Secretary of Home- land Security, the Secretary’s computation of (iii) Redesignation the visa refusal rate, or the designation or The Secretary of Homeland Security nondesignation of any country. may redesignate the country as a program (7) Visa waiver information country, without regard to subsection (f) (A) In general or paragraph (2) or (3), when the Secretary of Homeland Security, in consultation In refusing the application of nationals of with the Secretary of State, determines a program country for United States visas, that— or the applications of nationals of a country (I) at least 6 months have elapsed since seeking entry into the visa waiver program, the effective date of the termination; a consular officer shall not knowingly or in- (II) the emergency that caused the ter- tentionally classify the refusal of the visa mination has ended; and under a category that is not included in the (III) the average number of refusals of calculation of the visa refusal rate only so nonimmigrant visitor visas for nationals that the percentage of that country’s visa of that country during the period of ter- refusals is less than the percentage limita- mination under this subparagraph was tion applicable to qualification for partici- less than 3.0 percent of the total number pation in the visa waiver program. of nonimmigrant visitor visas for nation- (B) Reporting requirement als of that country which were granted On May 1 of each year, for each country or refused during such period. under consideration for inclusion in the visa (iv) Program suspension authority waiver program, the Secretary of State shall The Director of National Intelligence provide to the appropriate congressional shall immediately inform the Secretary of committees— Page 223 TITLE 8—ALIENS AND NATIONALITY § 1187

(i) the total number of nationals of that (iii) Temporary suspension of waiver au- country that applied for United States thority visas in that country during the previous Notwithstanding any certification made calendar year; under clause (i), if the Secretary has not (ii) the total number of such nationals notified Congress in accordance with who received United States visas during clause (ii) by June 30, 2009, the Secretary’s the previous calendar year; waiver authority under subparagraph (B) (iii) the total number of such nationals shall be suspended beginning on July 1, who were refused United States visas dur- 2009, until such time as the Secretary ing the previous calendar year; makes such notification. (iv) the total number of such nationals who were refused United States visas dur- (iv) Rule of construction ing the previous calendar year under each Nothing in this paragraph shall be con- provision of this chapter under which the strued as in any way abrogating the re- visas were refused; and porting requirements under subsection (v) the number of such nationals that (i)(3). were refused under section 1184(b) of this (B) Waiver title as a percentage of the visas that were issued to such nationals. After certification by the Secretary under subparagraph (A), the Secretary, in con- (C) Certification sultation with the Secretary of State, may Not later than May 1 of each year, the waive the application of paragraph (2)(A) for United States chief of mission, acting or per- a country if— manent, to each country under consider- (i) the country meets all security re- ation for inclusion in the visa waiver pro- quirements of this section; gram shall certify to the appropriate con- (ii) the Secretary of Homeland Security gressional committees that the information determines that the totality of the coun- described in subparagraph (B) is accurate try’s security risk mitigation measures and provide a copy of that certification to provide assurance that the country’s par- those committees. ticipation in the program would not com- promise the law enforcement, security in- (D) Consideration of countries in the visa terests, or enforcement of the immigration waiver program laws of the United States; Upon notification to the Secretary of (iii) there has been a sustained reduction Homeland Security that a country is under in the rate of refusals for nonimmigrant consideration for inclusion in the visa waiv- visas for nationals of the country and con- er program, the Secretary of State shall pro- ditions exist to continue such reduction; vide all of the information described in sub- (iv) the country cooperated with the paragraph (B) to the Secretary of Homeland Government of the United States on Security. counterterrorism initiatives, information (E) Definition sharing, and preventing terrorist travel be- fore the date of its designation as a pro- In this paragraph, the term ‘‘appropriate gram country, and the Secretary of Home- congressional committees’’ means the Com- land Security and the Secretary of State mittee on the Judiciary and the Committee determine that such cooperation will con- on Foreign Relations of the Senate and the tinue; and Committee on the Judiciary and the Com- (v)(I) the rate of refusals for non- mittee on International Relations of the immigrant visitor visas for nationals of House of Representatives. the country during the previous full fiscal (8) Nonimmigrant visa refusal rate flexibility year was not more than ten percent; or (II) the visa overstay rate for the coun- (A) Certification try for the previous full fiscal year does (i) In general not exceed the maximum visa overstay On the date on which an air exit system rate, once such rate is established under is in place that can verify the departure of subparagraph (C). not less than 97 percent of foreign nation- (C) Maximum visa overstay rate als who exit through airports of the United (i) Requirement to establish States and the electronic system for travel authorization required under subsection After certification by the Secretary (h)(3) is fully operational, the Secretary of under subparagraph (A), the Secretary and Homeland Security shall certify to Con- the Secretary of State jointly shall use in- gress that such air exit system and elec- formation from the air exit system re- tronic system for travel authorization are ferred to in such subparagraph to establish in place. a maximum visa overstay rate for coun- tries participating in the program pursu- (ii) Notification to Congress ant to a waiver under subparagraph (B). The Secretary shall notify Congress in The Secretary of Homeland Security shall writing of the date on which the air exit certify to Congress that such rate would system under clause (i) fully satisfies the not compromise the law enforcement, se- biometric requirements specified in sub- curity interests, or enforcement of the im- section (i). migration laws of the United States. § 1187 TITLE 8—ALIENS AND NATIONALITY Page 224

(ii) Visa overstay rate defined an independent intelligence assessment of a In this paragraph the term ‘‘visa over- nominated country and member of the pro- stay rate’’ means, with respect to a coun- gram. try, the ratio of— (B) Reporting requirement (I) the total number of nationals of The Director shall provide to the Sec- that country who were admitted to the retary of Homeland Security, the Secretary United States on the basis of a non- of State, and the Attorney General the inde- immigrant visa whose periods of author- pendent intelligence assessment required ized stays ended during a fiscal year but under subparagraph (A). who remained unlawfully in the United (C) Contents States beyond such periods; to (II) the total number of nationals of The independent intelligence assessment that country who were admitted to the conducted by the Director shall include— (i) a review of all current, credible ter- United States on the basis of a non- rorist threats of the subject country; immigrant visa during that fiscal year. (ii) an evaluation of the subject coun- (iii) Report and publication try’s counterterrorism efforts; The Secretary of Homeland Security (iii) an evaluation as to the extent of the shall on the same date submit to Congress country’s sharing of information beneficial and publish in the Federal Register infor- to suppressing terrorist movements, fi- mation relating to the maximum visa nancing, or actions; overstay rate established under clause (i). (iv) an assessment of the risks associated Not later than 60 days after such date, the with including the subject country in the Secretary shall issue a final maximum program; and visa overstay rate above which a country (v) recommendations to mitigate the may not participate in the program. risks identified in clause (iv). (9) Discretionary security-related consider- (12) Designation of high risk program coun- ations tries In determining whether to waive the appli- (A) In general cation of paragraph (2)(A) for a country, pur- The Secretary of Homeland Security, in suant to paragraph (8), the Secretary of Home- consultation with the Director of National land Security, in consultation with the Sec- Intelligence and the Secretary of State, retary of State, shall take into consideration shall evaluate program countries on an an- other factors affecting the security of the nual basis based on the criteria described in United States, including— subparagraph (B) and shall identify any pro- (A) airport security standards in the coun- gram country, the admission of nationals try; from which under the visa waiver program (B) whether the country assists in the op- under this section, the Secretary determines eration of an effective air marshal program; presents a high risk to the national security (C) the standards of passports and travel of the United States. documents issued by the country; and (B) Criteria (D) other security-related factors, includ- In evaluating program countries under ing the country’s cooperation with the subparagraph (A), the Secretary of Home- United States’ initiatives toward combating land Security, in consultation with the Di- terrorism and the country’s cooperation rector of National Intelligence and the Sec- with the United States intelligence commu- retary of State, shall consider the following nity in sharing information regarding ter- criteria: rorist threats. (i) The number of nationals of the coun- (10) Technical assistance try determined to be ineligible to travel to The Secretary of Homeland Security, in con- the United States under the program dur- sultation with the Secretary of State, shall ing the previous year. provide technical assistance to program coun- (ii) The number of nationals of the coun- tries to assist those countries in meeting the try who were identified in United States requirements under this section. The Sec- Government databases related to the iden- retary of Homeland Security shall ensure that tities of known or suspected terrorists dur- the program office within the Department of ing the previous year. Homeland Security is adequately staffed and (iii) The estimated number of nationals has resources to be able to provide such tech- of the country who have traveled to Iraq nical assistance, in addition to its duties to ef- or Syria at any time on or after March 1, fectively monitor compliance of the countries 2011 to engage in terrorism. participating in the program with all the re- (iv) The capacity of the country to com- quirements of the program. bat passport fraud. (v) The level of cooperation of the coun- (11) Independent review try with the counter-terrorism efforts of (A) In general the United States. Prior to the admission of a new country (vi) The adequacy of the border and im- into the program under this section, and in migration control of the country. conjunction with the periodic evaluations (vii) Any other criteria the Secretary of required under subsection (c)(5)(A), the Di- Homeland Security determines to be ap- rector of National Intelligence shall conduct propriate. Page 225 TITLE 8—ALIENS AND NATIONALITY § 1187

(C) Suspension of designation (A) to indemnify the United States against The Secretary of Homeland Security, in any costs for the transportation of the alien consultation with the Secretary of State, from the United States if the visitor is re- may suspend the designation of a program fused admission to the United States or re- country based on a determination that the mains in the United States unlawfully after country presents a high risk to the national the 90-day period described in subsection security of the United States under subpara- (a)(1)(A), graph (A) until such time as the Secretary (B) to submit daily to immigration officers determines that the country no longer pre- any immigration forms received with re- sents such a risk. spect to nonimmigrant visitors provided a (D) Report waiver under the program, (C) to be subject to the imposition of fines Not later than 60 days after December 18, resulting from the transporting into the 2015, and annually thereafter, the Secretary United States of a national of a designated of Homeland Security, in consultation with country without a passport pursuant to reg- the Director of National Intelligence and the ulations promulgated by the Secretary of Secretary of State, shall submit to the Com- Homeland Security, and mittee on Homeland Security, the Commit- (D) to collect, provide, and share passenger tee on Foreign Affairs, the Permanent Se- data as required under subsection (h)(1)(B). lect Committee on Intelligence, and the (2) Termination of agreements Committee on the Judiciary of the House of Representatives, and the Committee on The Secretary of Homeland Security may Homeland Security and Governmental Af- terminate an agreement under paragraph (1) fairs, the Committee on Foreign Relations, with five days’ notice to the carrier (including the Select Committee on Intelligence, and any carrier conducting operations under part the Committee on the Judiciary of the Sen- 135 of title 14, Code of Federal Regulations) or ate a report, which includes an evaluation a domestic corporation conducting operations and threat assessment of each country deter- under part 91 of that title for the failure by a mined to present a high risk to the national carrier (including any carrier conducting oper- security of the United States under subpara- ations under part 135 of title 14, Code of Fed- graph (A). eral Regulations) or a domestic corporation conducting operations under part 91 of that (d) Authority title to meet the terms of such agreement. Notwithstanding any other provision of this (3) Business aircraft requirements section, the Secretary of Homeland Security, in consultation with the Secretary of State, may (A) In general for any reason (including national security) re- For purposes of this section, a domestic frain from waiving the visa requirement in re- corporation conducting operations under spect to nationals of any country which may part 91 of title 14, Code of Federal Regula- otherwise qualify for designation or may, at any tions 2 that owns or operates a noncommer- time, rescind any waiver or designation pre- cial aircraft is a corporation that is orga- viously granted under this section. The Sec- nized under the laws of any of the States of retary of Homeland Security may not waive any the United States or the District of Colum- eligibility requirement under this section unless bia and is accredited by or a member of a na- the Secretary notifies, with respect to the House tional organization that sets business avia- of Representatives, the Committee on Homeland tion standards. The Secretary of Homeland Security, the Committee on the Judiciary, the Security shall prescribe by regulation the Committee on Foreign Affairs, and the Commit- provision of such information as the Sec- tee on Appropriations, and with respect to the retary of Homeland Security deems nec- Senate, the Committee on Homeland Security essary to identify the domestic corporation, and Governmental Affairs, the Committee on its officers, employees, shareholders, its the Judiciary, the Committee on Foreign Rela- place of business, and its business activities. tions, and the Committee on Appropriations not (B) Collections later than 30 days before the effective date of In addition to any other fee authorized by such waiver. law, the Secretary of Homeland Security is (e) Carrier agreements authorized to charge and collect, on a peri- (1) In general odic basis, an amount from each domestic The agreement referred to in subsection corporation conducting operations under (a)(4) is an agreement between a carrier (in- part 91 of title 14, Code of Federal Regula- cluding any carrier conducting operations tions, for nonimmigrant visa waiver admis- under part 135 of title 14, Code of Federal Reg- sions on noncommercial aircraft owned or ulations) or a domestic corporation conduct- operated by such domestic corporation equal ing operations under part 91 of that title and to the total amount of fees assessed for issu- the Secretary of Homeland Security under ance of nonimmigrant visa waiver arrival/de- which the carrier (including any carrier con- parture forms at land border ports of entry. ducting operations under part 135 of title 14, All fees collected under this paragraph shall Code of Federal Regulations) or a domestic be deposited into the Immigration User Fee corporation conducting operations under part Account established under section 1356(h) of 91 of that title agrees, in consideration of the this title. waiver of the visa requirement with respect to a nonimmigrant visitor under the program— 2 So in original. Probably should be followed by a comma. § 1187 TITLE 8—ALIENS AND NATIONALITY Page 226

(f) Duration and termination of designation (i) denied admission at the time of arriv- (1) In general al or withdrew their application for admis- (A) Determination and notification of dis- sion during the most recent fiscal year for qualification rate which data are available; and (ii) admitted as nonimmigrant visitors Upon determination by the Secretary of during such fiscal year and who violated Homeland Security that a program coun- the terms of such admission; bears to try’s disqualification rate is 2 percent or more, the Secretary of Homeland Security (B) the total number of nationals of such shall notify the Secretary of State. country who applied for admission as non- (B) Probationary status immigrant visitors during such fiscal year. If the program country’s disqualification (5) Failure to report passport thefts rate is greater than 2 percent but less than If the Secretary of Homeland Security and 3.5 percent, the Secretary of Homeland Secu- the Secretary of State jointly determine that rity shall place the program country in pro- the program country is not reporting the theft bationary status for a period not to exceed 2 or loss of passports, as required by subsection full fiscal years following the year in which (c)(2)(D), the Secretary of Homeland Security the determination under subparagraph (A) is shall terminate the designation of the country made. as a program country. (C) Termination of designation (6) Failure to share information Subject to paragraph (3), if the program (A) In general country’s disqualification rate is 3.5 percent If the Secretary of Homeland Security and or more, the Secretary of Homeland Secu- the Secretary of State jointly determine rity shall terminate the country’s designa- that the program country is not sharing in- tion as a program country effective at the formation, as required by subsection beginning of the second fiscal year following (c)(2)(F), the Secretary of Homeland Secu- the fiscal year in which the determination rity shall terminate the designation of the under subparagraph (A) is made. country as a program country. (2) Termination of probationary status (B) Redesignation (A) In general In the case of a termination under this If the Secretary of Homeland Security de- paragraph, the Secretary of Homeland Secu- termines at the end of the probationary pe- rity shall redesignate the country as a pro- riod described in paragraph (1)(B) that the gram country, without regard to paragraph program country placed in probationary (2) or (3) of subsection (c) or paragraphs (1) status under such paragraph has failed to de- through (4), when the Secretary of Homeland velop a machine-readable passport program Security, in consultation with the Secretary 3 as required by section (c)(2)(C), or has a dis- of State, determines that the country is qualification rate of 2 percent or more, the sharing information, as required by sub- Secretary of Homeland Security shall termi- section (c)(2)(F). nate the designation of the country as a pro- gram country. If the Secretary of Homeland (7) Failure to screen Security determines that the program coun- (A) In general try has developed a machine-readable pass- Beginning on the date that is 270 days port program and has a disqualification rate after December 18, 2015, if the Secretary of of less than 2 percent, the Secretary of Homeland Security and the Secretary of Homeland Security shall redesignate the State jointly determine that the program country as a program country. country is not conducting the screening re- (B) Effective date quired by subsection (c)(2)(G), the Secretary A termination of the designation of a of Homeland Security shall terminate the country under subparagraph (A) shall take designation of the country as a program effect on the first day of the first fiscal year country. following the fiscal year in which the deter- (B) Redesignation mination under such subparagraph is made. In the case of a termination under this Until such date, nationals of the country paragraph, the Secretary of Homeland Secu- shall remain eligible for a waiver under sub- rity shall redesignate the country as a pro- section (a). gram country, without regard to paragraph (3) Nonapplicability of certain provisions (2) or (3) of subsection (c) or paragraphs (1) Paragraph (1)(C) shall not apply unless the through (4), when the Secretary of Homeland total number of nationals of a program coun- Security, in consultation with the Secretary try described in paragraph (4)(A) exceeds 100. of State, determines that the country is con- (4) ‘‘Disqualification rate’’ defined ducting the screening required by subsection (c)(2)(G). For purposes of this subsection, the term ‘‘disqualification rate’’ means the percentage (g) Visa application sole method to dispute de- which— nial of waiver based on a ground of inadmis- (A) the total number of nationals of the sibility program country who were— In the case of an alien denied a waiver under the program by reason of a ground of inadmis- 3 So in original. Probably should be ‘‘subsection’’. sibility described in section 1182(a) of this title Page 227 TITLE 8—ALIENS AND NATIONALITY § 1187 that is discovered at the time of the alien’s ap- (ii) System effectiveness plication for the waiver or through the use of an Not later than December 31, 2004, the automated electronic database required under Secretary of Homeland Security shall sub- subsection (a)(9), the alien may apply for a visa mit a written report to the Committee on at an appropriate consular office outside the the Judiciary of the United States House United States. There shall be no other means of of Representatives and of the Senate con- administrative or judicial review of such a de- taining the following: nial, and no court or person otherwise shall have (I) The conclusions of the Secretary of jurisdiction to consider any claim attacking the Homeland Security regarding the effec- validity of such a denial. tiveness of the automated entry and exit (h) Use of information technology systems control system to be developed and im- (1) Automated entry-exit control system plemented under this paragraph. (II) The recommendations of the Sec- (A) System retary of Homeland Security regarding Not later than October 1, 2001, the Sec- the use of the calculation described in retary of Homeland Security shall develop subparagraph (B)(iii) as a basis for evalu- and implement a fully automated entry and ating whether to terminate or continue exit control system that will collect a record the designation of a country as a pro- of arrival and departure for every alien who gram country. arrives and departs by sea or air at a port of entry into the United States and is provided The report required by this clause may be a waiver under the program. combined with the annual report required to be submitted on that date under section (B) Requirements 1365a(e)(1) of this title. The system under subparagraph (A) shall (2) Automated data sharing system satisfy the following requirements: (A) System (i) Data collection by carriers The Secretary of Homeland Security and Not later than October 1, 2001, the the Secretary of State shall develop and im- records of arrival and departure described plement an automated data sharing system in subparagraph (A) shall be based, to the that will permit them to share data in elec- maximum extent practicable, on passenger tronic form from their respective records data collected and electronically transmit- systems regarding the admissibility of aliens ted to the automated entry and exit con- who are nationals of a program country. trol system by each carrier that has an (B) Requirements agreement under subsection (a)(4). The system under subparagraph (A) shall (ii) Data provision by carriers satisfy the following requirements: Not later than October 1, 2002, no waiver (i) Supplying information to immigration may be provided under this section to an officers conducting inspections at ports alien arriving by sea or air at a port of of entry entry into the United States on a carrier Not later than October 1, 2002, the sys- unless the carrier is electronically trans- tem shall enable immigration officers con- mitting to the automated entry and exit ducting inspections at ports of entry under control system passenger data determined section 1225 of this title to obtain from the by the Secretary of Homeland Security to system, with respect to aliens seeking a be sufficient to permit the Secretary of waiver under the program— Homeland Security to carry out this para- (I) any photograph of the alien that graph. may be contained in the records of the (iii) Calculation Department of State or the Service; and The system shall contain sufficient data (II) information on whether the alien to permit the Secretary of Homeland Secu- has ever been determined to be ineligible rity to calculate, for each program coun- to receive a visa or ineligible to be ad- try and each fiscal year, the portion of na- mitted to the United States. tionals of that country who are described (ii) Supplying photographs of inadmissible in subparagraph (A) and for whom no aliens record of departure exists, expressed as a The system shall permit the Secretary of percentage of the total number of such na- Homeland Security electronically to ob- tionals who are so described. tain any photograph contained in the (C) Reporting records of the Secretary of State pertain- (i) Percentage of nationals lacking depar- ing to an alien who is a national of a pro- ture record gram country and has been determined to be ineligible to receive a visa. As part of the annual report required to be submitted under section 1365a(e)(1) of (iii) Maintaining records on applications this title, the Secretary of Homeland Se- for admission curity shall include a section containing The system shall maintain, for a mini- the calculation described in subparagraph mum of 10 years, information about each (B)(iii) for each program country for the application for admission made by an alien previous fiscal year, together with an seeking a waiver under the program, in- analysis of that information. cluding the following: § 1187 TITLE 8—ALIENS AND NATIONALITY Page 228

(I) The name or Service identification ble to travel to the United States under number of each immigration officer con- the program is not a determination that ducting the inspection of the alien at the the alien is admissible to the United port of entry. States. (II) Any information described in (iii) Not a determination of visa eligibility clause (i) that is obtained from the sys- A determination by the Secretary of tem by any such officer. Homeland Security that an alien who ap- (III) The results of the application. plied for authorization to travel to the (3) Electronic system for travel authorization United States through the System is not (A) System eligible to travel under the program is not The Secretary of Homeland Security, in a determination of eligibility for a visa to consultation with the Secretary of State, travel to the United States and shall not shall develop and implement a fully auto- preclude the alien from applying for a visa. mated electronic system for travel author- (iv) Judicial review ization (referred to in this paragraph as the Notwithstanding any other provision of ‘‘System’’) to collect such biographical and law, no court shall have jurisdiction to re- other information as the Secretary of Home- view an eligibility determination under land Security determines necessary to deter- the System. mine, in advance of travel, the eligibility of, (D) Fraud detection and whether there exists a law enforcement or security risk in permitting, the 4 alien to The Secretary of Homeland Security shall travel to the United States. research opportunities to incorporate into (B) Fees the System technology that will detect and prevent fraud and deception in the System. (i) In general (E) Additional and previous countries of citi- No later than 6 months after March 4, zenship 2010, the Secretary of Homeland Security shall establish a fee for the use of the Sys- The Secretary of Homeland Security shall tem and begin assessment and collection collect from an applicant for admission pur- of that fee. The initial fee shall be the sum suant to this section information on any ad- of— ditional or previous countries of citizenship (I) $10 per travel authorization; and of that applicant. The Secretary shall take (II) an amount that will at least ensure any information so collected into account recovery of the full costs of providing when making determinations as to the eligi- and administering the System, as deter- bility of the alien for admission pursuant to mined by the Secretary. this section. (ii) Disposition of amounts collected (F) Report on certain limitations on travel Amounts collected under clause (i)(I) Not later than 30 days after December 18, shall be credited to the Travel Promotion 2015, and annually thereafter, the Secretary Fund established by subsection (d) of sec- of Homeland Security, in consultation with tion 2131 of title 22. Amounts collected the Secretary of State, shall submit to the under clause (i)(II) shall be transferred to Committee on Homeland Security, the Com- the general fund of the Treasury and made mittee on the Judiciary, and the Committee available to pay the costs incurred to ad- on Foreign Affairs of the House of Rep- minister the System. resentatives, and the Committee on Home- land Security and Governmental Affairs, the (iii) Sunset of Travel Promotion Fund fee Committee on the Judiciary, and the Com- The Secretary may not collect the fee mittee on Foreign Relations of the Senate a authorized by clause (i)(I) for fiscal years report on the number of individuals who beginning after September 30, 2020. were denied eligibility to travel under the (C) Validity program, or whose eligibility for such travel (i) Period was revoked during the previous year, and the number of such individuals determined, The Secretary of Homeland Security, in in accordance with subsection (a)(6), to rep- consultation with the Secretary of State, resent a threat to the national security of shall prescribe regulations that provide for the United States, and shall include the a period, not to exceed three years, during country or countries of citizenship of each which a determination of eligibility to such individual. travel under the program will be valid. Notwithstanding any other provision (i) Exit system under this section, the Secretary of Home- (1) In general land Security may revoke any such deter- Not later than one year after August 3, 2007, mination or shorten the period of eligi- the Secretary of Homeland Security shall es- bility under any such determination at tablish an exit system that records the depar- any time and for any reason. ture on a flight leaving the United States of (ii) Limitation every alien participating in the visa waiver A determination by the Secretary of program established under this section. Homeland Security that an alien is eligi- (2) System requirements The system established under paragraph (1) 4 So in original. Probably should be ‘‘an’’. shall— Page 229 TITLE 8—ALIENS AND NATIONALITY § 1187

(A) match biometric information of the Subsec. (a)(3). Pub. L. 114–113, § 202(a), amended par. alien against relevant watch lists and immi- (3) generally. Prior to amendment, par. (3) related to gration information; and machine readable passport requirement. (B) compare such biometric information Subsec. (a)(11). Pub. L. 114–113, § 209(b)(2), substituted ‘‘electronic system for travel authorization’’ for ‘‘elec- against manifest information collected by tronic travel authorization system’’ in heading. air carriers on passengers departing the Subsec. (a)(12). Pub. L. 114–113, § 203, added par. (12). United States to confirm such aliens have Subsec. (c)(2)(B). Pub. L. 114–113, § 202(b), amended departed the United States. subpar. (B) generally. Prior to amendment, subpar. (B) (3) Report related to machine readable passport program. Subsec. (c)(2)(C)(iii). Pub. L. 114–113, § 205(a)(1), sub- Not later than 180 days after August 3, 2007, stituted ‘‘, the Committee on Foreign Affairs, and the the Secretary shall submit to Congress a re- Committee on Homeland Security’’ for ‘‘and the Com- port that describes— mittee on International Relations’’ and ‘‘, the Commit- (A) the progress made in developing and tee on Foreign Relations, and the Committee on Home- deploying the exit system established under land Security and Governmental Affairs’’ for ‘‘and the this subsection; and Committee on Foreign Relations’’. (B) the procedures by which the Secretary Subsec. (c)(2)(D). Pub. L. 114–113, § 204(a), substituted ‘‘not later than 24 hours after becoming aware of the shall improve the method of calculating the theft or loss’’ for ‘‘within a strict time limit’’. rates of nonimmigrants who overstay their Subsec. (c)(2)(F). Pub. L. 114–113, § 204(c), inserted be- authorized period of stay in the United fore period at end ‘‘, and fully implements such agree- States. ment’’. Subsec. (c)(2)(G). Pub. L. 114–113, § 204(b), added sub- (June 27, 1952, ch. 477, title II, ch. 2, § 217, as par. (G). added Pub. L. 99–603, title III, § 313(a), Nov. 6, Subsec. (c)(5)(A)(i)(III). Pub. L. 114–113, 1986, 100 Stat. 3435; amended Pub. L. 100–525, § 205(a)(2)(A)(i), (ii), inserted ‘‘the Permanent Select § 2(p)(1), (2), Oct. 24, 1988, 102 Stat. 2613; Pub. L. Committee on Intelligence,’’ after ‘‘the Committee on 101–649, title II, § 201(a), Nov. 29, 1990, 104 Stat. Foreign Affairs,’’ and ‘‘the Select Committee on Intel- 5012; Pub. L. 102–232, title III, §§ 303(a)(1), (2), ligence’’ after ‘‘the Committee on Foreign Relations,’’. l Subsec. (c)(5)(A)(i)(V). Pub. L. 114–113, 307( )(3), Dec. 12, 1991, 105 Stat. 1746, 1756; Pub. L. § 205(a)(2)(A)(iii)–(C), added subcl. (V). 103–415, § 1(m), Oct. 25, 1994, 108 Stat. 4301; Pub. Subsec. (c)(12). Pub. L. 114–113, § 206, added par. (12). L. 103–416, title II, §§ 210, 211, Oct. 25, 1994, 108 Subsec. (f)(6), (7). Pub. L. 114–113, § 204(d), added pars. Stat. 4312, 4313; Pub. L. 104–208, div. C, title III, (6) and (7). § 308(d)(4)(F), (e)(9), title VI, § 635(a)–(c)(1), (3), Subsec. (h)(3). Pub. L. 114–113, § 209(b)(3), substituted Sept. 30, 1996, 110 Stat. 3009–618, 3009–620, ‘‘Electronic system for travel authorization’’ for ‘‘Elec- tronic travel authorization system’’ in heading. 3009–702, 3009–703; Pub. L. 105–119, title I, § 125, Subsec. (h)(3)(C)(i). Pub. L. 114–113, § 207(a)(1), inserted Nov. 26, 1997, 111 Stat. 2471; Pub. L. 105–173, §§ 1, ‘‘or shorten the period of eligibility under any such de- 3, Apr. 27, 1998, 112 Stat. 56; Pub. L. 106–396, title termination’’ after ‘‘any such determination’’. I, § 101(a), title II, §§ 201–207, title IV, § 403(a)–(d), Subsec. (h)(3)(D) to (F). Pub. L. 114–113, § 207(a)(2), Oct. 30, 2000, 114 Stat. 1637–1644, 1647, 1648; Pub. added subpars. (D) to (F) and struck out former subpar. L. 107–56, title IV, § 417(c), (d), Oct. 26, 2001, 115 (D) which required submission of report regarding the Stat. 355; Pub. L. 107–173, title III, § 307(a), May implementation of the automated electronic travel au- thorization system. 14, 2002, 116 Stat. 556; Pub. L. 110–53, title VII, 2014—Subsec. (h)(3)(B)(iii). Pub. L. 113–235, § 605(b), § 711(c), (d)(1), Aug. 3, 2007, 121 Stat. 339, 341; Pub. substituted ‘‘September 30, 2020’’ for ‘‘September 30, L. 111–145, § 9(h), formerly § 9(e), Mar. 4, 2010, 124 2015’’. Stat. 62, renumbered Pub. L. 113–235, div. B, title 2010—Subsec. (h)(3)(B). Pub. L. 111–145, § 9(h), formerly VI, § 606(1), Dec. 16, 2014, 128 Stat. 2219; Pub. L. § 9(e), as renumbered by Pub. L. 113–235, § 606(1), amend- 111–198, § 5(a), July 2, 2010, 124 Stat. 1357; Pub. L. ed subpar. (B) generally. Prior to amendment, text read 113–235, div. B, title VI, § 605(b), Dec. 16, 2014, 128 as follows: ‘‘The Secretary of Homeland Security may charge a fee for the use of the System, which shall be— Stat. 2219; Pub. L. 114–113, div. O, title II, ‘‘(i) set at a level that will ensure recovery of the §§ 202(a), (b), 203–205(a), 206, 207(a), 209, Dec. 18, full costs of providing and administering the System; 2015, 129 Stat. 2989–2995.) and ‘‘(ii) available to pay the costs incurred to admin- REFERENCES IN TEXT ister the System.’’ The International Emergency Economic Powers Act, Subsec. (h)(3)(B)(ii). Pub. L. 111–198, § 5(a)(1), made referred to in subsec. (a)(12)(A)(i)(II), (ii)(II), is title II technical amendment to reference in original act which of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is appears in text as reference to ‘‘subsection (d) of sec- classified generally to chapter 35 (§ 1701 et seq.) of Title tion 2131 of title 22’’. 50, War and National Defense. For complete classifica- Subsec. (h)(3)(B)(iii). Pub. L. 111–198, § 5(a)(2), sub- tion of this Act to the Code, see Short Title note set stituted ‘‘September 30, 2015.’’ for ‘‘September 30, 2014.’’ out under section 1701 of Title 50 and Tables. 2007—Subsec. (a). Pub. L. 110–53, § 711(d)(1)(A)(i), des- This chapter, referred to in subsecs. (b)(1) and ignated concluding provisions as par. (10) and inserted (c)(7)(B)(iv), was in the original, ‘‘this Act’’, meaning heading. act June 27, 1952, ch. 477, 66 Stat. 163, known as the Im- Subsec. (a)(11). Pub. L. 110–53, § 711(d)(1)(A)(ii), added migration and Nationality Act, which is classified prin- par. (11). cipally to this chapter. For complete classification of Subsec. (c)(2)(D). Pub. L. 110–53, § 711(d)(1)(B)(i)(I), this Act to the Code, see Short Title note set out under amended heading and text of subpar. (D) generally. section 1101 of this title and Tables. Prior to amendment, text read as follows: ‘‘The govern- ment of the country certifies that it reports to the AMENDMENTS United States Government on a timely basis the theft 2015—Pub. L. 114–113, § 209(b)(1), substituted ‘‘elec- of blank passports issued by that country.’’ tronic system for travel authorization’’ for ‘‘electronic Subsec. (c)(2)(E), (F). Pub. L. 110–53, travel authorization system’’ wherever appearing. § 711(d)(1)(B)(i)(II), added subpars. (E) and (F). Pub. L. 114–113, § 209(a), substituted ‘‘Secretary of Subsec. (c)(5)(A)(i). Pub. L. 110–53, § 711(d)(1)(B)(ii)(I), Homeland Security’’ for ‘‘Attorney General’’ wherever substituted ‘‘Secretary of Homeland Security’’ for ‘‘At- appearing, except in subsec. (c)(11)(B). torney General’’ in introductory provisions. § 1187 TITLE 8—ALIENS AND NATIONALITY Page 230

Subsec. (c)(5)(A)(i)(III). Pub. L. 110–53, tered into an agreement with the Attorney General § 711(d)(1)(B)(ii)(II)(bb)(AA), substituted ‘‘, the Commit- pursuant to subsection (e). The Attorney General is au- tee on Foreign Affairs, and the Committee on Home- thorized to require a carrier conducting operations land Security,’’ for ‘‘and the Committee on Inter- under part 135 of title 14, Code of Federal Regulations, national Relations’’ and ‘‘, the Committee on Foreign or a domestic corporation conducting operations under Relations, and the Committee on Homeland Security part 91 of that title, to give suitable and proper bond, and Governmental Affairs’’ for ‘‘and the Committee on in such reasonable amount and containing such condi- Foreign Relations’’. tions as the Attorney General may deem sufficient to Subsec. (c)(5)(A)(i)(IV). Pub. L. 110–53, ensure compliance with the indemnification require- § 711(d)(1)(B)(ii)(II)(aa), (bb)(BB), (cc), added subcl. (IV). ments of this section, as a term of such an agreement’’ Subsec. (c)(5)(A)(ii), (iii), (B)(i), (iii). Pub. L. 110–53, for ‘‘which has entered into an agreement with the § 711(d)(1)(B)(ii)(I), substituted ‘‘Secretary of Homeland Service to guarantee transport of the alien out of the Security’’ for ‘‘Attorney General’’ wherever appearing. United States if the alien is found inadmissible or de- Subsec. (c)(5)(B)(iv). Pub. L. 110–53, portable by an immigration officer’’. § 711(d)(1)(B)(ii)(III), added cl. (iv). Pub. L. 106–396, § 202(a)(1), redesignated par. (4) as (5). Subsec. (c)(8), (9). Pub. L. 110–53, § 711(c), added pars. Former par. (5) redesignated (6). (8) and (9). Subsec. (a)(6), (7). Pub. L. 106–396, § 202(a)(1), des- Subsec. (c)(10), (11). Pub. L. 110–53, § 711(d)(1)(B)(iii), ignated pars. (5) and (6) as (6) and (7), respectively. added pars. (10) and (11). Former par. (7) redesignated (8). Subsec. (d). Pub. L. 110–53, § 711(d)(1)(C), substituted Subsec. (a)(8). Pub. L. 106–396, § 403(b), inserted ‘‘or ‘‘Secretary of Homeland Security’’ for ‘‘Attorney Gen- the alien is arriving at the port of entry on an aircraft eral’’ in first sentence and inserted at end ‘‘The Sec- operated under part 135 of title 14, Code of Federal Reg- retary of Homeland Security may not waive any eligi- ulations, or a noncommercial aircraft that is owned or bility requirement under this section unless the Sec- operated by a domestic corporation conducting oper- retary notifies, with respect to the House of Represent- ations under part 91 of title 14, Code of Federal Regula- atives, the Committee on Homeland Security, the Com- tions’’ after ‘‘regulations’’. mittee on the Judiciary, the Committee on Foreign Af- Pub. L. 106–396, § 202(a)(1), designated par. (7) as (8). fairs, and the Committee on Appropriations, and with Subsec. (a)(9). Pub. L. 106–396, § 203(a), added par. (9). respect to the Senate, the Committee on Homeland Se- Subsec. (b). Pub. L. 106–396, § 101(a)(3), struck out curity and Governmental Affairs, the Committee on ‘‘pilot’’ before ‘‘program’’ in introductory provisions. the Judiciary, the Committee on Foreign Relations, Subsec. (c). Pub. L. 106–396, § 101(a)(4)(A), in heading and the Committee on Appropriations not later than 30 struck out ‘‘pilot’’ before ‘‘program’’. days before the effective date of such waiver.’’ Subsec. (c)(1). Pub. L. 106–396, § 101(a)(4)(B), struck out Subsec. (f)(5). Pub. L. 110–53, § 711(d)(1)(D), substituted ‘‘pilot’’ before ‘‘program’’. ‘‘Secretary of Homeland Security’’ for ‘‘Attorney Gen- Subsec. (c)(2). Pub. L. 106–396, § 101(a)(4)(C), in intro- eral’’ in two places and ‘‘theft or loss of passports’’ for ductory provisions, substituted ‘‘subsection (f)’’ for ‘‘theft of blank passports’’. ‘‘subsection (g)’’ and struck out ‘‘pilot’’ before ‘‘pro- Subsec. (h)(3). Pub. L. 110–53, § 711(d)(1)(E), added par. gram’’. (3). Subsec. (c)(2)(B). Pub. L. 106–396, § 202(b), amended Subsec. (i). Pub. L. 110–53, § 711(d)(1)(F), added subsec. heading and text of subpar. (B) generally. Prior to (i). amendment, text read as follows: ‘‘The government of 2002—Subsec. (c)(2)(D). Pub. L. 107–173, § 307(a)(1), the country certifies that it has or is in the process of added subpar. (D). developing a program to issue machine-readable pass- Subsec. (c)(5)(A)(i). Pub. L. 107–173, § 307(a)(2), sub- ports to its citizens.’’ stituted ‘‘2 years’’ for ‘‘5 years’’ in introductory provi- Subsec. (c)(2)(C). Pub. L. 106–396, § 204(a), amended sions. heading and text of subpar. (C) generally. Prior to Subsec. (f)(5). Pub. L. 107–173, § 307(a)(3), added par. amendment, text read as follows: ‘‘The Attorney Gen- (5). eral determines that the United States law enforce- 2001—Subsec. (a)(3). Pub. L. 107–56, § 417(d), which di- ment interests would not be compromised by the des- rected the substitution of ‘‘(A) IN GENERAL.—Except as ignation of the country.’’ provided in subparagraph (B), on or after’’ for ‘‘On or Subsec. (c)(3). Pub. L. 106–396, § 101(a)(4)(D)(i), struck after’’ and the addition of subpar. (B), was executed out ‘‘(within the pilot program period)’’ after ‘‘fiscal making the substitution for ‘‘On and after’’ and adding year’’ in introductory provisions. subpar. (B) to reflect the probable intent of Congress. Subsec. (c)(3)(A). Pub. L. 106–396, § 101(a)(4)(D)(ii), Pub. L. 107–56, § 417(c), substituted ‘‘2003,’’ for ‘‘2007,’’. struck out ‘‘pilot’’ before ‘‘program’’ in two places in 2000—Pub. L. 106–396, § 101(a)(1), in section catchline introductory provisions. struck out ‘‘pilot’’ before ‘‘program’’. Subsec. (c)(3)(B). Pub. L. 106–396, § 101(a)(4)(D)(iii), Subsec. (a). Pub. L. 106–396, §§ 101(a)(2)(A), (B), 403(c), struck out ‘‘pilot’’ before ‘‘program’’ in introductory struck out ‘‘pilot’’ before ‘‘program’’ in heading and provisions. two places in introductory provisions and inserted con- Subsec. (c)(5). Pub. L. 106–396, § 204(b), added par. (5). cluding provisions. Subsec. (c)(6). Pub. L. 106–396, § 206, added par. (6). Subsec. (a)(1). Pub. L. 106–396, § 101(a)(2)(C), sub- Subsec. (c)(7). Pub. L. 106–396, § 207, added par. (7). stituted ‘‘program’’ for ‘‘pilot program period (as de- Subsec. (e)(1). Pub. L. 106–396, §§ 101(a)(5)(A), fined in subsection (e) of this section)’’. 403(d)(1)(A), in introductory provisions, substituted Subsec. (a)(2). Pub. L. 106–396, § 101(a)(2)(D), in head- ‘‘carrier (including any carrier conducting operations ing struck out ‘‘pilot’’ before ‘‘program’’. under part 135 of title 14, Code of Federal Regulations) Subsec. (a)(2)(A). Pub. L. 106–396, § 201, inserted or a domestic corporation conducting operations under ‘‘, either on its own or in conjunction with one or more part 91 of that title’’ for ‘‘carrier’’ in two places and other countries that are described in subparagraph (B) struck out ‘‘pilot’’ before ‘‘program’’. and that have established with it a common area for Subsec. (e)(1)(B). Pub. L. 106–396, § 101(a)(5)(B), struck immigration admissions,’’ after ‘‘to extend)’’. out ‘‘pilot’’ before ‘‘program’’. Subsec. (a)(3), (4). Pub. L. 106–396, § 202(a), added par. Subsec. (e)(1)(D). Pub. L. 106–396, § 205(b), added sub- (3) and redesignated former par. (3) as (4). Former par. par. (D). (4) redesignated (5). Subsec. (e)(2). Pub. L. 106–396, § 403(d)(1), substituted Subsec. (a)(5). Pub. L. 106–396, § 403(a), substituted ‘‘carrier (including any carrier conducting operations ‘‘, including any carrier conducting operations under under part 135 of title 14, Code of Federal Regulations) part 135 of title 14, Code of Federal Regulations, or a or a domestic corporation conducting operations under noncommercial aircraft that is owned or operated by a part 91 of that title’’ for ‘‘carrier’’ and ‘‘failure by a domestic corporation conducting operations under part carrier (including any carrier conducting operations 91 of title 14, Code of Federal Regulations which has en- under part 135 of title 14, Code of Federal Regulations) Page 231 TITLE 8—ALIENS AND NATIONALITY § 1187 or a domestic corporation conducting operations under Subsec. (b). Pub. L. 102–232, § 303(a)(1)(B), made tech- part 91 of that title’’ for ‘‘carrier’s failure’’. nical amendment to heading. Subsec. (e)(3). Pub. L. 106–396, § 403(d)(2), added par. Subsec. (e)(1). Pub. L. 102–232, § 303(a)(2), substituted (3). ‘‘subsection (a)(4)’’ for ‘‘subsection (a)(4)(C)’’. Subsec. (f). Pub. L. 106–396, § 101(a)(6), redesignated 1990—Subsec. (a)(2). Pub. L. 101–649, § 201(a)(1), in- subsec. (g) as (f) and struck out heading and text of serted ‘‘, and presents a passport issued by,’’ after ‘‘is former subsec. (f). Text read as follows: ‘‘For purposes a national of’’. of this section, the term ‘pilot program period’ means Subsec. (a)(3). Pub. L. 101–649, § 201(a)(2), in heading the period beginning on October 1, 1988, and ending on substituted reference to immigration forms for ref- April 30, 2000.’’ erence to entry control and waiver forms, and in text Subsec. (f)(1)(A), (C). Pub. L. 106–396, § 101(a)(7)(A), (B), substituted ‘‘completes such immigration form as the struck out ‘‘pilot’’ before ‘‘program’’. Attorney General shall establish’’ for ‘‘— Subsec. (f)(2) to (4). Pub. L. 106–396, § 101(a)(7)(C)–(E), ‘‘(A) completes such immigration form as the At- substituted ‘‘as a program country’’ for ‘‘as a pilot pro- torney General shall establish under subsection (b)(3) gram country’’ in two places in par. (2)(A) and struck of this section, and out ‘‘pilot’’ before ‘‘program’’ in pars. (3) and (4)(A). ‘‘(B) executes a waiver of review and appeal de- Subsec. (g). Pub. L. 106–396, § 203(b), added subsec. (g). scribed in subsection (b)(4) of this section’’. Former subsec. (g) redesignated (f). Subsec. (a)(4). Pub. L. 101–649, § 201(a)(3), added par. (4) Subsec. (h). Pub. L. 106–396, § 205(a), added subsec. (h). and struck out former par. (4) which waived visa re- 1998—Subsec. (c)(2). Pub. L. 105–173, § 3, reenacted quirement for certain aliens having round-trip trans- heading without change and amended text generally. portation tickets. Prior to amendment, text consisted of introductory Subsec. (a)(7). Pub. L. 101–649, § 201(a)(4), added par. provisions and subpars. (A) to (D) relating to low non- (7). immigrant visa refusal rate for previous 2-year period, Subsec. (b). Pub. L. 101–649, § 201(a)(5), redesignated low nonimmigrant visa refusal rate for each of 2 pre- subsec. (b)(4) as subsec. (b) and subpars. (A) and (B) as vious years, machine readable passport program, and pars. (1) and (2), respectively, and struck out subsec. (b) law enforcement interests. Subsec. (f). Pub. L. 105–173, § 1, substituted ‘‘2000’’ for heading ‘‘Conditions before pilot program can be put ‘‘1998’’. into operation’’ and pars. (1) to (3) which related to 1997—Subsec. (f). Pub. L. 105–119 reenacted subsec. prior notice to Congress, automated data arrival and heading without change and amended text generally, departure system, and visa waiver information form, substituting ‘‘April 30, 1998’’ for ‘‘September 30, 1997’’. respectively. 1996—Subsec. (a). Pub. L. 104–208, § 635(a)(1), in intro- Subsec. (c)(1). Pub. L. 101–649, § 201(a)(6)(A), sub- ductory provisions, substituted ‘‘Attorney General, in stituted in heading, ‘‘In general’’ for ‘‘Up to 8 coun- consultation with the Secretary of State’’ for ‘‘Attor- tries’’ and in text substituted ‘‘any country as a pilot ney General and the Secretary of State, acting joint- program country if it meets the requirements of para- ly’’. graph (2)’’ for ‘‘up to eight countries as pilot program Subsec. (a)(2)(B). Pub. L. 104–208, § 635(c)(3), struck out countries for purposes of the pilot program’’. ‘‘or is designated as a pilot program country with pro- Subsec. (c)(2). Pub. L. 101–649, § 201(a)(6)(B), sub- bationary status under subsection (g) of this section’’ stituted ‘‘Qualifications’’ for ‘‘Initial qualifications’’ in after ‘‘subsection (c)’’. heading and ‘‘A country’’ for ‘‘For the initial period de- Subsec. (b)(2). Pub. L. 104–208, § 308(e)(9), substituted scribed in paragraph (4), a country’’ in introductory ‘‘removal of’’ for ‘‘deportation against’’. provisions, and added subpars. (C) and (D). Subsec. (c)(1). Pub. L. 104–208, § 635(a)(2), substituted Subsec. (d). Pub. L. 101–649, § 201(a)(7), added subsec. ‘‘Attorney General, in consultation with the Secretary (d). Former subsec. (d) redesignated (e). of State,’’ for ‘‘Attorney General and the Secretary of Subsec. (e). Pub. L. 101–649, § 201(a)(7), (8), redesig- State acting jointly’’. nated subsec. (d) as (e) and added subpar. (C) at end of Subsec. (c)(3)(A)(i). Pub. L. 104–208, § 308(d)(4)(F), sub- par. (1). Former subsec. (e) redesignated (f). stituted ‘‘denied admission at the time of arrival’’ for Subsec. (f). Pub. L. 101–649, § 201(a)(7), (9), redesig- ‘‘excluded from admission’’. nated subsec. (e) as (f) and substituted ‘‘on October 1, Subsec. (d). Pub. L. 104–208, § 635(a)(3), substituted 1988, and ending on September 30, 1994’’ for ‘‘at the end ‘‘Attorney General, in consultation with the Secretary of the 30-day period referred to in subsection (b)(1) of of State’’ for ‘‘Attorney General and the Secretary of this section and ending on the last day of the third fis- State, acting jointly’’. cal year which begins after such 30-day period’’. Subsec. (f). Pub. L. 104–208, § 635(b), substituted 1988—Pub. L. 100–525, § 2(p)(1), made technical amend- ‘‘1997.’’ for ‘‘1996’’. ment to directory language of Pub. L. 99–603, § 313(a), Subsec. (g). Pub. L. 104–208, § 635(c)(1), amended head- which enacted this section. ing and text of subsec. (g) generally. Prior to amend- Subsec. (a). Pub. L. 100–525, § 2(p)(2), substituted ment, text provided authority for Attorney General ‘‘hereinafter’’ for ‘‘hereafter’’. and Secretary of State to designate countries as pilot program countries with probationary status. CHANGE OF NAME Subsec. (g)(4)(A)(i). Pub. L. 104–208, § 308(d)(4)(F), sub- Committee on International Relations of House of stituted ‘‘denied admission at the time of arrival’’ for Representatives changed to Committee on Foreign Af- ‘‘excluded from admission’’. fairs of House of Representatives by House Resolution 1994—Subsec. (a)(2)(B). Pub. L. 103–416, § 211(1), in- No. 6, One Hundred Tenth Congress, Jan. 5, 2007. serted before period at end ‘‘or is designated as a pilot program country with probationary status under sub- EFFECTIVE DATE OF 2007 AMENDMENT section (g) of this section’’. Pub. L. 110–53, title VII, § 711(d)(2), Aug. 3, 2007, 121 Subsec. (c)(2). Pub. L. 103–416, § 211(3), substituted Stat. 345, provided that: ‘‘Section 217(a)(11) of the Im- ‘‘Except as provided in subsection (g)(4) of this section, migration and Nationality Act [8 U.S.C. 1187(a)(11)], as a country’’ for ‘‘A country’’. Subsec. (f). Pub. L. 103–416, § 210, substituted ‘‘1996’’ added by paragraph (1)(A)(ii), shall take effect on the for ‘‘1995.’’. date that is 60 days after the date on which the Sec- Pub. L. 103–415 substituted ‘‘1995’’ for ‘‘1994’’. retary of Homeland Security publishes notice in the Subsec. (g). Pub. L. 103–416, § 211(2), added subsec. (g). Federal Register of the requirement under such para- 1991—Subsec. (a). Pub. L. 102–232, § 307(l)(3), sub- graph. [Notice published in Federal Register, Nov. 13, stituted ‘‘paragraph (7)(B)(i)(II)’’ for ‘‘paragraph 2008, 73 F.R. 67354.]’’ (26)(B)’’. EFFECTIVE DATE OF 1996 AMENDMENT Subsec. (a)(4). Pub. L. 102–232, § 303(a)(1)(A), in head- ing substituted ‘‘into the United States’’ for ‘‘by sea or Amendment by section 308(d)(4)(F), (e)(9) of Pub. L. air’’. 104–208 effective, with certain transitional provisions, § 1187a TITLE 8—ALIENS AND NATIONALITY Page 232 on the first day of the first month beginning more than annual audits and submit reports relating to machine 180 days after Sept. 30, 1996, see section 309 of Pub. L. readable, counterfeit, and tamper-resistant passports 104–208, set out as a note under section 1101 of this title. until Sept. 30, 2007.

EFFECTIVE DATE OF 1991 AMENDMENT REPORT REQUIRED Amendment by section 303(a)(1), (2) of Pub. L. 102–232 Pub. L. 106–396, title IV, § 403(e), Oct. 30, 2000, 114 Stat. effective as if included in the enactment of the Immi- 1649, provided that: ‘‘Not later than two years after the gration Act of 1990, Pub. L. 101–649, see section 310(1) of date of the enactment of this Act [Oct. 30, 2000], the At- Pub. L. 102–232, set out as a note under section 1101 of torney General shall submit a report to the Commit- this title. tees on the Judiciary of the House of Representatives Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. and the Senate assessing the effectiveness of the pro- 1756, provided that the amendment made by section gram implemented under the amendments made by this 307(l) is effective as if included in section 603(a) of the section [amending this section] for simplifying the ad- , Pub. L. 101–649. mission of business travelers from visa waiver program countries and compliance with the Immigration and FFECTIVE DATE OF 1990 AMENDMENT E Nationality Act [8 U.S.C. 1101 et seq.] by such travelers Pub. L. 101–649, title II, § 201(d), Nov. 29, 1990, 104 Stat. under that program.’’ 5014, provided that: ‘‘The amendments made by this TRANSITION PROVISIONS section [amending this section and section 1323 of this title] shall take effect as of the date of the enactment Pub. L. 104–208, div. C, title VI, § 635(c)(2), Sept. 30, of this Act [Nov. 29, 1990].’’ 1996, 110 Stat. 3009–703, provided that: ‘‘A country des- ignated as a pilot program country with probationary EFFECTIVE DATE OF 1988 AMENDMENT status under section 217(g) of the Immigration and Na- Amendment by Pub. L. 100–525 effective as if included tionality Act [8 U.S.C. 1187(g)] (as in effect on the day in enactment of Immigration Reform and Control Act before the date of the enactment of this Act [Sept. 30, of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, 1996]) shall be considered to be designated as a pilot set out as a note under section 1101 of this title. program country on and after such date, subject to placement in probationary status or termination of ABOLITION OF IMMIGRATION AND NATURALIZATION such designation under such section (as amended by SERVICE AND TRANSFER OF FUNCTIONS paragraph (1)).’’ For abolition of Immigration and Naturalization OPERATION OF AUTOMATED DATA ARRIVAL AND Service, transfer of functions, and treatment of related DEPARTURE CONTROL SYSTEM; REPORT TO CONGRESS references, see note set out under section 1551 of this title. Pub. L. 101–649, title II, § 201(c), Nov. 29, 1990, 104 Stat. 5014, provided that: ‘‘By not later than January 1, 1992, DATE OF SUBMISSION OF FIRST REPORT the Attorney General, in consultation with the Sec- Pub. L. 114–113, div. O, title II, § 205(b), Dec. 18, 2015, retary of State, shall submit to the Committees on the 129 Stat. 2993, provided that: ‘‘The Secretary of Home- Judiciary of the House of Representatives and of the land Security shall submit the first report described in Senate a report on the operation of the automated data subclause (V) of section 217(c)(5)(A)(i) of the Immigra- arrival and departure control system for foreign visi- tion and Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added tors and on admission refusals and overstays for such by subsection (a), not later than 90 days after the date visitors who have entered under the visa waiver pro- of the enactment of this Act [Dec. 18, 2015].’’ gram.’’

MODERNIZING AND STRENGTHENING OF SECURITY OF REPORT ON VISA WAIVER PILOT PROGRAM VISA WAIVER PROGRAM Pub. L. 99–603, title IV, § 405, Nov. 6, 1986, 100 Stat. Pub. L. 110–53, title VII, § 711(b), Aug. 3, 2007, 121 Stat. 3442, provided that: 338, provided that: ‘‘It is the sense of Congress that— ‘‘(a) MONITORING AND REPORT ON THE PILOT PRO- ‘‘(1) the United States should modernize and GRAM.—The Attorney General and the Secretary of strengthen the security of the visa waiver program State shall jointly monitor the pilot program estab- under section 217 of the Immigration and Nationality lished under section 217 of the Immigration and Nation- Act (8 U.S.C. 1187) by simultaneously— ality Act [8 U.S.C. 1187] and shall report to the Con- ‘‘(A) enhancing program security requirements; gress not later than two years after the beginning of and the program. ‘‘(B) extending visa-free travel privileges to na- ‘‘(b) DETAILS IN REPORT.—The report shall include— tionals of foreign countries that are partners in the ‘‘(1) an evaluation of the program, including its im- war on terrorism— pact— ‘‘(i) that are actively cooperating with the ‘‘(A) on the control of alien visitors to the United United States to prevent terrorist travel, includ- States, ing sharing counterterrorism and law enforce- ‘‘(B) on consular operations in the countries des- ment information; and ignated under the program, as well as on consular ‘‘(ii) whose nationals have demonstrated their operations in other countries in which additional compliance with the provisions of the Immigra- consular personnel have been relocated as a result tion and Nationality Act [8 U.S.C. 1101 et seq.] re- of the implementation of the program, and garding the purpose and duration of their admis- ‘‘(C) on the United States tourism industry; and sion to the United States; and ‘‘(2) recommendations— ‘‘(2) the modernization described in paragraph (1) ‘‘(A) on extending the pilot program period, and will— ‘‘(B) on increasing the number of countries that ‘‘(A) enhance bilateral cooperation on critical may be designated under the program.’’ counterterrorism and information sharing initia- tives; § 1187a. Provision of assistance to non-program ‘‘(B) support and expand tourism and business op- countries portunities to enhance long-term economic com- The Secretary of Homeland Security, in con- petitiveness; and ‘‘(C) strengthen bilateral relationships.’’ sultation with the Secretary of State, shall pro- vide assistance in a risk-based manner to coun- MACHINE READABLE PASSPORTS tries that do not participate in the visa waiver Pub. L. 107–56, title IV, § 417(a), (b), Oct. 26, 2001, 115 program under section 1187 of this title to assist Stat. 355, required the Secretary of State to perform those countries in—