Page 211 TITLE 8—ALIENS AND NATIONALITY § 1187 2, 2002]. Until such regulations are promulgated, the country has issued that do not meet the Attorney General shall not deny a petition filed or requirement of subparagraph (A). pending under section 216A(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1186b(c)(1)(A)) that re- (4) Executes immigration forms lates to an eligible alien described in section 11031, or The alien before the time of such admission on an application filed or pending under section 245 of completes such immigration form as the At- such Act (8 U.S.C. 1255) that relates to an eligible alien torney General shall establish. described in section 11032. Until such regulations are promulgated, the Attorney General shall not initiate or (5) Entry into the United States proceed with removal proceedings under section 240 of If arriving by sea or air, the alien arrives at the Immigration and Nationality Act (8 U.S.C. 1229a) the port of entry into the United States on a that relate to an eligible alien described in section 11031 or 11032. carrier, including any carrier conducting oper- ations under part 135 of title 14, Code of Fed- ‘‘SEC. 11034. DEFINITIONS. eral Regulations, or a noncommercial aircraft ‘‘Except as otherwise provided, the terms used in this that is owned or operated by a domestic cor- chapter shall have the meaning given such terms in section 101(b) of the Immigration and Nationality Act poration conducting operations under part 91 1 (8 U.S.C. 1101(b)).’’ of title 14, Code of Federal Regulations which has entered into an agreement with the Attor- § 1187. Visa waiver program for certain visitors ney General pursuant to subsection (e) of this (a) Establishment of program section. The Attorney General is authorized to require a carrier conducting operations under The Attorney General and the Secretary of part 135 of title 14, Code of Federal Regula- State are authorized to establish a program tions, or a domestic corporation conducting (hereinafter in this section referred to as the operations under part 91 of that title, to give ‘‘program’’) under which the requirement of suitable and proper bond, in such reasonable paragraph (7)(B)(i)(II) of section 1182(a) of this amount and containing such conditions as the title may be waived by the Attorney General, in Attorney General may deem sufficient to en- consultation with the Secretary of State and in sure compliance with the indemnification re- accordance with this section, in the case of an quirements of this section, as a term of such alien who meets the following requirements: an agreement. (1) Seeking entry as tourist for 90 days or less (6) Not a safety threat The alien is applying for admission during The alien has been determined not to rep- the program as a nonimmigrant visitor (de- resent a threat to the welfare, health, safety, scribed in section 1101(a)(15)(B) of this title) or security of the United States. for a period not exceeding 90 days. (7) No previous violation (2) National of program country If the alien previously was admitted without The alien is a national of, and presents a a visa under this section, the alien must not passport issued by, a country which— have failed to comply with the conditions of (A) extends (or agrees to extend), either on any previous admission as such a non- its own or in conjunction with one or more immigrant. other countries that are described in sub- paragraph (B) and that have established with (8) Round-trip ticket it a common area for immigration admis- The alien is in possession of a round-trip sions, reciprocal privileges to citizens and transportation ticket (unless this requirement nationals of the United States, and is waived by the Attorney General under regu- (B) is designated as a pilot program coun- lations or the alien is arriving at the port of try under subsection (c) of this section. entry on an aircraft operated under part 135 of (3) Machine readable passport title 14, Code of Federal Regulations, or a non- commercial aircraft that is owned or operated (A) In general by a domestic corporation conducting oper- Except as provided in subparagraph (B), on ations under part 91 of title 14, Code of Federal or after October 1, 2003, the alien at the time Regulations). of application for admission is in possession (9) Automated system check of a valid unexpired machine-readable pass- port that satisfies the internationally ac- The identity of the alien has been checked cepted standard for machine readability. using an automated electronic database con- taining information about the inadmissibility (B) Limited waiver authority of aliens to uncover any grounds on which the For the period beginning October 1, 2003, alien may be inadmissible to the United and ending September 30, 2007, the Secretary States, and no such ground has been found. of State may waive the requirement of sub- (10) Electronic transmission of identification paragraph (A) with respect to nationals of a information program country (as designated under sub- section (c) of this section), if the Secretary Operators of aircraft under part 135 of title of State finds that the program country— 14, Code of Federal Regulations, or operators (i) is making progress toward ensuring of noncommercial aircraft that are owned or that passports meeting the requirement of operated by a domestic corporation conduct- subparagraph (A) are generally available ing operations under part 91 of title 14, Code of to its nationals; and Federal Regulations, carrying any alien pas- (ii) has taken appropriate measures to protect against misuse of passports the 1 So in original. Probably should be followed by a comma. § 1187 TITLE 8—ALIENS AND NATIONALITY Page 212 senger who will apply for admission under this (ii) such refusal rate for nationals of that section shall furnish such information as the country during the previous full fiscal Attorney General by regulation shall prescribe year was less than 3.0 percent. as necessary for the identification of any alien (B) Machine readable passport program passenger being transported and for the en- forcement of the immigration laws. Such in- (i) In general formation shall be electronically transmitted Subject to clause (ii), the government of not less than one hour prior to arrival at the the country certifies that it issues to its port of entry for purposes of checking for inad- citizens machine-readable passports that missibility using the automated electronic satisfy the internationally accepted stand- database. ard for machine readability. (11) Eligibility determination under the elec- (ii) Deadline for compliance for certain tronic travel authorization system countries Beginning on the date on which the elec- In the case of a country designated as a tronic travel authorization system developed program country under this subsection under subsection (h)(3) is fully operational, prior to May 1, 2000, as a condition on the each alien traveling under the program shall, continuation of that designation, the before applying for admission to the United country— States, electronically provide to the system (I) shall certify, not later than October biographical information and such other infor- 1, 2000, that it has a program to issue mation as the Secretary of Homeland Security machine-readable passports to its citi- shall determine necessary to determine the zens not later than October 1, 2003; and eligibility of, and whether there exists a law (II) shall satisfy the requirement of enforcement or security risk in permitting, clause (i) not later than October 1, 2003. the alien to travel to the United States. Upon (C) Law enforcement and security interests review of such biographical information, the Secretary of Homeland Security shall deter- The Attorney General, in consultation mine whether the alien is eligible to travel to with the Secretary of State— the United States under the program. (i) evaluates the effect that the coun- (b) Waiver of rights try’s designation would have on the law enforcement and security interests of the An alien may not be provided a waiver under United States (including the interest in the program unless the alien has waived any enforcement of the immigration laws of right— the United States and the existence and ef- (1) to review or appeal under this chapter of fectiveness of its agreements and proce- an immigration officer’s determination as to dures for extraditing to the United States the admissibility of the alien at the port of individuals, including its own nationals, entry into the United States, or who commit crimes that violate United (2) to contest, other than on the basis of an States law); application for asylum, any action for removal (ii) determines that such interests would of the alien. not be compromised by the designation of (c) Designation of program countries the country; and (1) In general (iii) submits a written report to the The Attorney General, in consultation with Committee on the Judiciary and the Com- the Secretary of State, may designate any mittee on International Relations of the country as a program country if it meets the House of Representatives and the Commit- requirements of paragraph (2). tee on the Judiciary and the Committee on Foreign Relations of the Senate regarding (2) Qualifications the country’s qualification for designation Except as provided in subsection (f) of this that includes an explanation of such deter- section, a country may not be designated as a mination. program country unless the following require- (D) Reporting lost and stolen passports ments are met: (A) Low nonimmigrant visa refusal rate The government of the country enters into an agreement with the United States to re- Either— port, or make available through Interpol or (i) the average number of refusals of non- other means as designated by the Secretary immigrant visitor visas for nationals of of Homeland Security, to the United States that country during— Government information about the theft or (I) the two previous full fiscal years loss of passports within a strict time limit was less than 2.0 percent of the total and in a manner specified in the agreement.