8 U.S.C. § 1187
The Secretary of Homeland Security and the Secretary of State are authorized to establish a program (hereinafter in this section referred to as the "program") under which the requirement of paragraph (7)(B)(i)(II) of section 1182(a) of this title may be waived by the Secretary of Homeland Security, in consultation with the Secretary of State and in accordance with this section, in the case of an alien who meets the following requirements:
The alien is applying for admission during the program as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days.
The alien is a national of, and presents a passport issued by, a country which-
The alien, at the time of application for admission, is in possession of a valid unexpired passport that satisfies the following:
The passport is a machine-readable passport that is tamper-resistant, incorporates document authentication identifiers, and otherwise satisfies the internationally accepted standard for machine readability.
Beginning on April 1, 2016, the passport is an electronic passport that is fraud-resistant, contains relevant biographic and biometric information (as determined by the Secretary of Homeland Security), and otherwise satisfies internationally accepted standards for electronic passports.
The alien before the time of such admission completes such immigration form as the Secretary of Homeland Security shall establish.
If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier, including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations 1 which has entered into an agreement with the Secretary of Homeland Security pursuant to subsection (e). The Secretary of Homeland Security is authorized to require a carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a domestic corporation conducting operations under part 91 of that title, to give suitable and proper bond, in such reasonable amount and containing such conditions as the Secretary of Homeland Security may deem sufficient to ensure compliance with the indemnification requirements of this section, as a term of such an agreement.
The alien has been determined not to represent a threat to the welfare, health, safety, or security of the United States.
If the alien previously was admitted without a visa under this section, the alien must not have failed to comply with the conditions of any previous admission as such a nonimmigrant.
The alien is in possession of a round-trip transportation ticket (unless this requirement is waived by the Secretary of Homeland Security under regulations or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations).
The identity of the alien has been checked using an automated electronic database containing information about the inadmissibility of aliens to uncover any grounds on which the alien may be inadmissible to the United States, and no such ground has been found.
Operators of aircraft under part 135 of title 14, Code of Federal Regulations, or operators of noncommercial aircraft that are owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations, carrying any alien passenger who will apply for admission under this section shall furnish such information as the Secretary of Homeland Security by regulation shall prescribe as necessary for the identification of any alien passenger being transported and for the enforcement of the immigration laws. Such information shall be electronically transmitted not less than one hour prior to arrival at the port of entry for purposes of checking for inadmissibility using the automated electronic database.
Beginning on the date on which the electronic system for travel authorization developed under subsection (h)(3) is fully operational, each alien traveling under the program shall, before applying for admission to the United States, electronically provide to the system biographical information and such other information as the Secretary of Homeland Security shall determine necessary to determine the eligibility of, and whether there exists a law enforcement or security risk in permitting, the alien to travel to the United States. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien is eligible to travel to the United States under the program.
Except as provided in subparagraphs (B) and (C)-
Subparagraph (A)(i) shall not apply in the case of an alien if the Secretary of Homeland Security determines that the alien was present-
The Secretary of Homeland Security may waive the application of subparagraph (A) to an alien if the Secretary determines that such a waiver is in the law enforcement or national security interests of the United States.
Not later than 60 days after December 18, 2015, the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall determine whether the requirement under subparagraph (A) shall apply to any other country or area.
In making a determination under clause (i), the Secretary shall consider-
The Secretary shall conduct a review, on an annual basis, of any determination made under clause (i).
Beginning not later than one year after December 18, 2015, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report on each instance in which the Secretary exercised the waiver authority under subparagraph (C) during the previous year.
An alien may not be provided a waiver under the program unless the alien has waived any right-
The Secretary of Homeland Security, in consultation with the Secretary of State, may designate any country as a program country if it meets the requirements of paragraph (2).
Except as provided in subsection (f), a country may not be designated as a program country unless the following requirements are met:
Either-
The government of the country certifies that it issues to its citizens passports described in subparagraph (A) of subsection (a)(3), and on or after April 1, 2016, passports described in subparagraph (B) of subsection (a)(3).
Not later than October 1, 2016, the government of the country certifies that it has in place mechanisms to validate passports described in subparagraphs (A) and (B) of subsection (a)(3) at each key port of entry into that country. This requirement shall not apply to travel between countries which fall within the Schengen Zone.
The Secretary of Homeland Security, in consultation with the Secretary of State-
The government of the country enters into an agreement with the United States to report, or make available through Interpol or other means as designated by the Secretary of Homeland Security, to the United States Government information about the theft or loss of passports not later than 24 hours after becoming aware of the theft or loss and in a manner specified in the agreement.
The government of the country accepts for repatriation any citizen, former citizen, or national of the country against whom a final executable order of removal is issued not later than three weeks after the issuance of the final order of removal. Nothing in this subparagraph creates any duty for the United States or any right for any alien with respect to removal or release. Nothing in this subparagraph gives rise to any cause of action or claim under this paragraph or any other law against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien.
The government of the country enters into an agreement with the United States to share information regarding whether citizens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens, and fully implements such agreement.
Not later than 270 days after December 18, 2015, except in the case of a country in which there is not an international airport, the government of the country certifies to the Secretary of Homeland Security that, to the maximum extent allowed under the laws of the country, it is screening, for unlawful activity, each person who is not a citizen or national of that country who is admitted to or departs that country, by using relevant databases and notices maintained by Interpol, or other means designated by the Secretary of Homeland Security. This requirement shall not apply to travel between countries which fall within the Schengen Zone.
For each fiscal year after the initial period-
In the case of a country which was a program country in the previous fiscal year, a country may not be designated as a program country unless the sum of-
was less than 2 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during such previous fiscal year.
In the case of another country, the country may not be designated as a program country unless the following requirements are met:
The average number of refusals of nonimmigrant visitor visas for nationals of that country during the two previous full fiscal years was less than 2 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years.
The average number of refusals of nonimmigrant visitor visas for nationals of that country during either of such two previous full fiscal years was less than 2.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year.
For purposes of paragraphs (2) and (3), the term "initial period" means the period beginning at the end of the 30-day period described in subsection (b)(1) and ending on the last day of the first fiscal year which begins after such 30-day period.
The Secretary of Homeland Security, in consultation with the Secretary of State, periodically (but not less than once every 2 years)-
A termination of the designation of a country under this subparagraph shall take effect on the date determined by the Secretary of Homeland Security, in consultation with the Secretary of State.
In the case of a termination under this subparagraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that all causes of the termination have been eliminated.
In the case of a program country in which an emergency occurs that the Secretary of Homeland Security, in consultation with the Secretary of State, determines threatens the law enforcement or security interests of the United States (including the interest in enforcement of the immigration laws of the United States), the Secretary of Homeland Security shall immediately terminate the designation of the country as a program country.
For purposes of clause (i), the term "emergency" means-
The Secretary of Homeland Security may redesignate the country as a program country, without regard to subsection (f) or paragraph (2) or (3), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that-
The Director of National Intelligence shall immediately inform the Secretary of Homeland Security of any current and credible threat which poses an imminent danger to the United States or its citizens and originates from a country participating in the visa waiver program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State-
For purposes of this paragraph-
For purposes of determining the eligibility of a country to be designated as a program country, the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on, or are otherwise based on, race, sex, or disability, unless otherwise specifically authorized by law or regulation. No court shall have jurisdiction under this paragraph to review any visa refusal, the denial of admission to the United States of any alien by the Secretary of Homeland Security, the Secretary's computation of the visa refusal rate, or the designation or nondesignation of any country.
In refusing the application of nationals of a program country for United States visas, or the applications of nationals of a country seeking entry into the visa waiver program, a consular officer shall not knowingly or intentionally classify the refusal of the visa under a category that is not included in the calculation of the visa refusal rate only so that the percentage of that country's visa refusals is less than the percentage limitation applicable to qualification for participation in the visa waiver program.
On May 1 of each year, for each country under consideration for inclusion in the visa waiver program, the Secretary of State shall provide to the appropriate congressional committees-
Not later than May 1 of each year, the United States chief of mission, acting or permanent, to each country under consideration for inclusion in the visa waiver program shall certify to the appropriate congressional committees that the information described in subparagraph (B) is accurate and provide a copy of that certification to those committees.
Upon notification to the Secretary of Homeland Security that a country is under consideration for inclusion in the visa waiver program, the Secretary of State shall provide all of the information described in subparagraph (B) to the Secretary of Homeland Security.
In this paragraph, the term "appropriate congressional committees" means the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on International Relations of the House of Representatives.
On the date on which an air exit system is in place that can verify the departure of not less than 97 percent of foreign nationals who exit through airports of the United States and the electronic system for travel authorization required under subsection (h)(3) is fully operational, the Secretary of Homeland Security shall certify to Congress that such air exit system and electronic system for travel authorization are in place.
The Secretary shall notify Congress in writing of the date on which the air exit system under clause (i) fully satisfies the biometric requirements specified in subsection (i).
Notwithstanding any certification made under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009, the Secretary's waiver authority under subparagraph (B) shall be suspended beginning on July 1, 2009, until such time as the Secretary makes such notification.
Nothing in this paragraph shall be construed as in any way abrogating the reporting requirements under subsection (i)(3).
After certification by the Secretary under subparagraph (A), the Secretary, in consultation with the Secretary of State, may waive the application of paragraph (2)(A) for a country if-
After certification by the Secretary under subparagraph (A), the Secretary and the Secretary of State jointly shall use information from the air exit system referred to in such subparagraph to establish a maximum visa overstay rate for countries participating in the program pursuant to a waiver under subparagraph (B). The Secretary of Homeland Security shall certify to Congress that such rate would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States.
In this paragraph the term "visa overstay rate" means, with respect to a country, the ratio of-
The Secretary of Homeland Security shall on the same date submit to Congress and publish in the Federal Register information relating to the maximum visa overstay rate established under clause (i). Not later than 60 days after such date, the Secretary shall issue a final maximum visa overstay rate above which a country may not participate in the program.
In determining whether to waive the application of paragraph (2)(A) for a country, pursuant to paragraph (8), the Secretary of Homeland Security, in consultation with the Secretary of State, shall take into consideration other factors affecting the security of the United States, including-
The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide technical assistance to program countries to assist those countries in meeting the requirements under this section. The Secretary of Homeland Security shall ensure that the program office within the Department of Homeland Security is adequately staffed and has resources to be able to provide such technical assistance, in addition to its duties to effectively monitor compliance of the countries participating in the program with all the requirements of the program.
Prior to the admission of a new country into the program under this section, and in conjunction with the periodic evaluations required under subsection (c)(5)(A), the Director of National Intelligence shall conduct an independent intelligence assessment of a nominated country and member of the program.
The Director shall provide to the Secretary of Homeland Security, the Secretary of State, and the Attorney General the independent intelligence assessment required under subparagraph (A).
The independent intelligence assessment conducted by the Director shall include-
The Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall evaluate program countries on an annual basis based on the criteria described in subparagraph (B) and shall identify any program country, the admission of nationals from which under the visa waiver program under this section, the Secretary determines presents a high risk to the national security of the United States.
In evaluating program countries under subparagraph (A), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall consider the following criteria:
The Secretary of Homeland Security, in consultation with the Secretary of State, may suspend the designation of a program country based on a determination that the country presents a high risk to the national security of the United States under subparagraph (A) until such time as the Secretary determines that the country no longer presents such a risk.
Not later than 60 days after December 18, 2015, and annually thereafter, the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report, which includes an evaluation and threat assessment of each country determined to present a high risk to the national security of the United States under subparagraph (A).
Notwithstanding any other provision of this section, the Secretary of Homeland Security, in consultation with the Secretary of State, may for any reason (including national security) refrain from waiving the visa requirement in respect to nationals of any country which may otherwise qualify for designation or may, at any time, rescind any waiver or designation previously granted under this section. The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver.
The agreement referred to in subsection (a)(4) is an agreement between a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title and the Secretary of Homeland Security under which the carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title agrees, in consideration of the waiver of the visa requirement with respect to a nonimmigrant visitor under the program-
The Secretary of Homeland Security may terminate an agreement under paragraph (1) with five days' notice to the carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title for the failure by a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title to meet the terms of such agreement.
For purposes of this section, a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations 1 that owns or operates a noncommercial aircraft is a corporation that is organized under the laws of any of the States of the United States or the District of Columbia and is accredited by or a member of a national organization that sets business aviation standards. The Secretary of Homeland Security shall prescribe by regulation the provision of such information as the Secretary of Homeland Security deems necessary to identify the domestic corporation, its officers, employees, shareholders, its place of business, and its business activities.
In addition to any other fee authorized by law, the Secretary of Homeland Security is authorized to charge and collect, on a periodic basis, an amount from each domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations, for nonimmigrant visa waiver admissions on noncommercial aircraft owned or operated by such domestic corporation equal to the total amount of fees assessed for issuance of nonimmigrant visa waiver arrival/departure forms at land border ports of entry. All fees collected under this paragraph shall be deposited into the Immigration User Fee Account established under section 1356(h) of this title.
Upon determination by the Secretary of Homeland Security that a program country's disqualification rate is 2 percent or more, the Secretary of Homeland Security shall notify the Secretary of State.
If the program country's disqualification rate is greater than 2 percent but less than 3.5 percent, the Secretary of Homeland Security shall place the program country in probationary status for a period not to exceed 2 full fiscal years following the year in which the determination under subparagraph (A) is made.
Subject to paragraph (3), if the program country's disqualification rate is 3.5 percent or more, the Secretary of Homeland Security shall terminate the country's designation as a program country effective at the beginning of the second fiscal year following the fiscal year in which the determination under subparagraph (A) is made.
If the Secretary of Homeland Security determines at the end of the probationary period described in paragraph (1)(B) that the program country placed in probationary status under such paragraph has failed to develop a machine-readable passport program as required by section 3 (c)(2)(C), or has a disqualification rate of 2 percent or more, the Secretary of Homeland Security shall terminate the designation of the country as a program country. If the Secretary of Homeland Security determines that the program country has developed a machine-readable passport program and has a disqualification rate of less than 2 percent, the Secretary of Homeland Security shall redesignate the country as a program country.
A termination of the designation of a country under subparagraph (A) shall take effect on the first day of the first fiscal year following the fiscal year in which the determination under such subparagraph is made. Until such date, nationals of the country shall remain eligible for a waiver under subsection (a).
Paragraph (1)(C) shall not apply unless the total number of nationals of a program country described in paragraph (4)(A) exceeds 100.
For purposes of this subsection, the term "disqualification rate" means the percentage which-
If the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not reporting the theft or loss of passports, as required by subsection (c)(2)(D), the Secretary of Homeland Security shall terminate the designation of the country as a program country.
If the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not sharing information, as required by subsection (c)(2)(F), the Secretary of Homeland Security shall terminate the designation of the country as a program country.
In the case of a termination under this paragraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is sharing information, as required by subsection (c)(2)(F).
Beginning on the date that is 270 days after December 18, 2015, if the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not conducting the screening required by subsection (c)(2)(G), the Secretary of Homeland Security shall terminate the designation of the country as a program country.
In the case of a termination under this paragraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is conducting the screening required by subsection (c)(2)(G).
In the case of an alien denied a waiver under the program by reason of a ground of inadmissibility described in section 1182(a) of this title that is discovered at the time of the alien's application for the waiver or through the use of an automated electronic database required under subsection (a)(9), the alien may apply for a visa at an appropriate consular office outside the United States. There shall be no other means of administrative or judicial review of such a denial, and no court or person otherwise shall have jurisdiction to consider any claim attacking the validity of such a denial.
Not later than October 1, 2001, the Secretary of Homeland Security shall develop and implement a fully automated entry and exit control system that will collect a record of arrival and departure for every alien who arrives and departs by sea or air at a port of entry into the United States and is provided a waiver under the program.
The system under subparagraph (A) shall satisfy the following requirements:
Not later than October 1, 2001, the records of arrival and departure described in subparagraph (A) shall be based, to the maximum extent practicable, on passenger data collected and electronically transmitted to the automated entry and exit control system by each carrier that has an agreement under subsection (a)(4).
Not later than October 1, 2002, no waiver may be provided under this section to an alien arriving by sea or air at a port of entry into the United States on a carrier unless the carrier is electronically transmitting to the automated entry and exit control system passenger data determined by the Secretary of Homeland Security to be sufficient to permit the Secretary of Homeland Security to carry out this paragraph.
The system shall contain sufficient data to permit the Secretary of Homeland Security to calculate, for each program country and each fiscal year, the portion of nationals of that country who are described in subparagraph (A) and for whom no record of departure exists, expressed as a percentage of the total number of such nationals who are so described.
As part of the annual report required to be submitted under section 1365a(e)(1) of this title, the Secretary of Homeland Security shall include a section containing the calculation described in subparagraph (B)(iii) for each program country for the previous fiscal year, together with an analysis of that information.
Not later than December 31, 2004, the Secretary of Homeland Security shall submit a written report to the Committee on the Judiciary of the United States House of Representatives and of the Senate containing the following:
The report required by this clause may be combined with the annual report required to be submitted on that date under section 1365a(e)(1) of this title.
The Secretary of Homeland Security and the Secretary of State shall develop and implement an automated data sharing system that will permit them to share data in electronic form from their respective records systems regarding the admissibility of aliens who are nationals of a program country.
The system under subparagraph (A) shall satisfy the following requirements:
Not later than October 1, 2002, the system shall enable immigration officers conducting inspections at ports of entry under section 1225 of this title to obtain from the system, with respect to aliens seeking a waiver under the program-
The system shall permit the Secretary of Homeland Security electronically to obtain any photograph contained in the records of the Secretary of State pertaining to an alien who is a national of a program country and has been determined to be ineligible to receive a visa.
The system shall maintain, for a minimum of 10 years, information about each application for admission made by an alien seeking a waiver under the program, including the following:
The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a fully automated electronic system for travel authorization (referred to in this paragraph as the "System") to collect such biographical and other information as the Secretary of Homeland Security determines necessary to determine, in advance of travel, the eligibility of, and whether there exists a law enforcement or security risk in permitting, the 4 alien to travel to the United States.
No later than 6 months after March 4, 2010, the Secretary of Homeland Security shall establish a fee for the use of the System and begin assessment and collection of that fee. The initial fee shall be the sum of-
Amounts collected under clause (i)(I) shall be credited to the Travel Promotion Fund established by subsection (d) of section 2131 of title 22. Amounts collected under clause (i)(II) shall be transferred to the general fund of the Treasury and made available to pay the costs incurred to administer the System.
The Secretary may not collect the fee authorized by clause (i)(I) for fiscal years beginning after October 31, 2028.
The Secretary of Homeland Security, in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to exceed three years, during which a determination of eligibility to travel under the program will be valid. Notwithstanding any other provision under this section, the Secretary of Homeland Security may revoke any such determination or shorten the period of eligibility under any such determination at any time and for any reason.
A determination by the Secretary of Homeland Security that an alien is eligible to travel to the United States under the program is not a determination that the alien is admissible to the United States.
A determination by the Secretary of Homeland Security that an alien who applied for authorization to travel to the United States through the System is not eligible to travel under the program is not a determination of eligibility for a visa to travel to the United States and shall not preclude the alien from applying for a visa.
Notwithstanding any other provision of law, no court shall have jurisdiction to review an eligibility determination under the System.
The Secretary of Homeland Security shall research opportunities to incorporate into the System technology that will detect and prevent fraud and deception in the System.
The Secretary of Homeland Security shall collect from an applicant for admission pursuant to this section information on any additional or previous countries of citizenship of that applicant. The Secretary shall take any information so collected into account when making determinations as to the eligibility of the alien for admission pursuant to this section.
Not later than 30 days after December 18, 2015, and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate a report on the number of individuals who were denied eligibility to travel under the program, or whose eligibility for such travel was revoked during the previous year, and the number of such individuals determined, in accordance with subsection (a)(6), to represent a threat to the national security of the United States, and shall include the country or countries of citizenship of each such individual.
Not later than one year after August 3, 2007, the Secretary of Homeland Security shall establish an exit system that records the departure on a flight leaving the United States of every alien participating in the visa waiver program established under this section.
The system established under paragraph (1) shall-
Not later than 180 days after August 3, 2007, the Secretary shall submit to Congress a report that describes-
1 So in original. Probably should be followed by a comma.
2 See References in Text note below.
3 So in original. Probably should be "subsection".
4 So in original. Probably should be "an".
8 U.S.C. § 1187
EDITORIAL NOTES
REFERENCES IN TEXTSection 4605(j) of title 50, referred to in subsec. (a)(12)(A)(i)(II), (ii)(II), was repealed by Pub. L. 115-232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232. For provisions similar to those of former section 4605(j) of title 50, see section 4813(c) of title 50, as enacted by Pub. L. 115-232. The International Emergency Economic Powers Act, referred to in subsec. (a)(12)(A)(i)(II), (ii)(II), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.This chapter, referred to in subsecs. (b)(1) and (c)(7)(B)(iv), was in the original, "this Act", meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
AMENDMENTS2022-Subsec. (h)(3)(B)(iii). Pub. L. 117-103 substituted "October 31, 2028" for "September 30, 2027". 2019-Subsec. (h)(3)(B)(i)(I). Pub. L. 116-94 substituted "$17" for "$10".2018-Subsec. (h)(3)(B)(iii). Pub. L. 115-123 substituted "September 30, 2027" for "September 30, 2020".2015- Pub. L. 114-113, §209(b)(1), substituted "electronic system for travel authorization" for "electronic travel authorization system" wherever appearing. Pub. L. 114-113, §209(a), substituted "Secretary of Homeland Security" for "Attorney General" wherever appearing, except in subsec. (c)(11)(B).Subsec. (a)(3). Pub. L. 114-113, §202(a), amended par. (3) generally. Prior to amendment, par. (3) related to machine readable passport requirement. Subsec. (a)(11). Pub. L. 114-113, §209(b)(2), substituted "electronic system for travel authorization" for "electronic travel authorization system" in heading.Subsec. (a)(12). Pub. L. 114-113, §203, added par. (12).Subsec. (c)(2)(B). Pub. L. 114-113, §202(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to machine readable passport program.Subsec. (c)(2)(C)(iii). Pub. L. 114-113, §205(a)(1), substituted ", the Committee on Foreign Affairs, and the Committee on Homeland Security" for "and the Committee on International Relations" and ", the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs" for "and the Committee on Foreign Relations".Subsec. (c)(2)(D). Pub. L. 114-113, §204(a), substituted "not later than 24 hours after becoming aware of the theft or loss" for "within a strict time limit".Subsec. (c)(2)(F). Pub. L. 114-113, §204(c), inserted before period at end ", and fully implements such agreement".Subsec. (c)(2)(G). Pub. L. 114-113, §204(b), added subpar. (G).Subsec. (c)(5)(A)(i)(III). Pub. L. 114-113, §205(a)(2)(A)(i), (ii), inserted "the Permanent Select Committee on Intelligence," after "the Committee on Foreign Affairs," and "the Select Committee on Intelligence" after "the Committee on Foreign Relations,".Subsec. (c)(5)(A)(i)(V). Pub. L. 114-113, §205(a)(2)(A)(iii)-(C), added subcl. (V).Subsec. (c)(12). Pub. L. 114-113, §206, added par. (12).Subsec. (f)(6), (7). Pub. L. 114-113, §204(d), added pars. (6) and (7).Subsec. (h)(3). Pub. L. 114-113, §209(b)(3), substituted "Electronic system for travel authorization" for "Electronic travel authorization system" in heading.Subsec. (h)(3)(C)(i). Pub. L. 114-113, §207(a)(1), inserted "or shorten the period of eligibility under any such determination" after "any such determination".Subsec. (h)(3)(D) to (F). Pub. L. 114-113, §207(a)(2), added subpars. (D) to (F) and struck out former subpar. (D) which required submission of report regarding the implementation of the automated electronic travel authorization system. 2014-Subsec. (h)(3)(B)(iii). Pub. L. 113-235, §605(b), substituted "September 30, 2020" for "September 30, 2015". 2010-Subsec. (h)(3)(B). Pub. L. 111-145, §9(h), formerly §9(e), as renumbered by Pub. L. 113-235, §606(1), amended subpar. (B) generally. Prior to amendment, text read as follows: "The Secretary of Homeland Security may charge a fee for the use of the System, which shall be- "(i) set at a level that will ensure recovery of the full costs of providing and administering the System; and"(ii) available to pay the costs incurred to administer the System."Subsec. (h)(3)(B)(ii). Pub. L. 111-198, §5(a)(1), made technical amendment to reference in original act which appears in text as reference to "subsection (d) of section 2131 of title 22".Subsec. (h)(3)(B)(iii). Pub. L. 111-198, §5(a)(2), substituted "September 30, 2015." for "September 30, 2014."2007-Subsec. (a). Pub. L. 110-53, §711(d)(1)(A)(i), designated concluding provisions as par. (10) and inserted heading.Subsec. (a)(11). Pub. L. 110-53, §711(d)(1)(A)(ii), added par. (11).Subsec. (c)(2)(D). Pub. L. 110-53, §711(d)(1)(B)(i)(I), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: "The government of the country certifies that it reports to the United States Government on a timely basis the theft of blank passports issued by that country."Subsec. (c)(2)(E), (F). Pub. L. 110-53, §711(d)(1)(B)(i)(II), added subpars. (E) and (F).Subsec. (c)(5)(A)(i). Pub. L. 110-53, §711(d)(1)(B)(ii)(I), substituted "Secretary of Homeland Security" for "Attorney General" in introductory provisions.Subsec. (c)(5)(A)(i)(III). Pub. L. 110-53, §711(d)(1)(B)(ii)(II)(bb)(AA), substituted ", the Committee on Foreign Affairs, and the Committee on Homeland Security," for "and the Committee on International Relations" and ", the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs" for "and the Committee on Foreign Relations". Subsec. (c)(5)(A)(i)(IV). Pub. L. 110-53, §711(d)(1)(B)(ii)(II)(aa), (bb) (BB), (cc), added subcl. (IV).Subsec. (c)(5)(A)(ii), (iii), (B)(i), (iii). Pub. L. 110-53, §711(d)(1)(B)(ii)(I), substituted "Secretary of Homeland Security" for "Attorney General" wherever appearing.Subsec. (c)(5)(B)(iv). Pub. L. 110-53, §711(d)(1)(B)(ii)(III), added cl. (iv).Subsec. (c)(8), (9). Pub. L. 110-53, §711(c), added pars. (8) and (9).Subsec. (c)(10), (11). Pub. L. 110-53, §711(d)(1)(B)(iii), added pars. (10) and (11).Subsec. (d). Pub. L. 110-53, §711(d)(1)(C), substituted "Secretary of Homeland Security" for "Attorney General" in first sentence and inserted at end "The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver." Subsec. (f)(5). Pub. L. 110-53, §711(d)(1)(D), substituted "Secretary of Homeland Security" for "Attorney General" in two places and "theft or loss of passports" for "theft of blank passports".Subsec. (h)(3). Pub. L. 110-53, §711(d)(1)(E), added par. (3).Subsec. (i). Pub. L. 110-53, §711(d)(1)(F), added subsec. (i). 2002-Subsec. (c)(2)(D). Pub. L. 107-173, §307(a)(1), added subpar. (D).Subsec. (c)(5)(A)(i). Pub. L. 107-173, §307(a)(2), substituted "2 years" for "5 years" in introductory provisions.Subsec. (f)(5). Pub. L. 107-173, §307(a)(3), added par. (5).2001-Subsec. (a)(3). Pub. L. 107-56, §417(d), which directed the substitution of "(A) IN GENERAL.-Except as provided in subparagraph (B), on or after" for "On or after" and the addition of subpar. (B), was executed making the substitution for "On and after" and adding subpar. (B) to reflect the probable intent of Congress. Pub. L. 107-56, §417(c), substituted "2003," for "2007,". 2000- Pub. L. 106-396, §101(a)(1), in section catchline struck out "pilot" before "program".Subsec. (a). Pub. L. 106-396, §§101(a)(2)(A), (B), 403, struck out "pilot" before "program" in heading and two places in introductory provisions and inserted concluding provisions.Subsec. (a)(1). Pub. L. 106-396, §101(a)(2)(C), substituted "program" for "pilot program period (as defined in subsection (e) of this section)".Subsec. (a)(2). Pub. L. 106-396, §101(a)(2)(D), in heading struck out "pilot" before "program". Subsec. (a)(2)(A). Pub. L. 106-396, §201, inserted ", either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions," after "to extend)".Subsec. (a)(3), (4). Pub. L. 106-396, §202(a), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5).Subsec. (a)(5). Pub. L. 106-396, §403(a), substituted ", including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations which has entered into an agreement with the Attorney General pursuant to subsection (e). The Attorney General is authorized to require a carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a domestic corporation conducting operations under part 91 of that title, to give suitable and proper bond, in such reasonable amount and containing such conditions as the Attorney General may deem sufficient to ensure compliance with the indemnification requirements of this section, as a term of such an agreement" for "which has entered into an agreement with the Service to guarantee transport of the alien out of the United States if the alien is found inadmissible or deportable by an immigration officer". Pub. L. 106-396, §202(a)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).Subsec. (a)(6), (7). Pub. L. 106-396, §202(a)(1), designated pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8).Subsec. (a)(8). Pub. L. 106-396, §403(b), inserted "or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations" after "regulations". Pub. L. 106-396, §202(a)(1), designated par. (7) as (8).Subsec. (a)(9). Pub. L. 106-396, §203(a), added par. (9).Subsec. (b). Pub. L. 106-396, §101(a)(3), struck out "pilot" before "program" in introductory provisions. Subsec. (c). Pub. L. 106-396, §101(a)(4)(A), in heading struck out "pilot" before "program".Subsec. (c)(1). Pub. L. 106-396, §101(a)(4)(B), struck out "pilot" before "program".Subsec. (c)(2). Pub. L. 106-396, §101(a)(4)(C), in introductory provisions, substituted "subsection (f)" for "subsection (g)" and struck out "pilot" before "program".Subsec. (c)(2)(B). Pub. L. 106-396, §202(b), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: "The government of the country certifies that it has or is in the process of developing a program to issue machine-readable passports to its citizens."Subsec. (c)(2)(C). Pub. L. 106-396, §204(a), amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: "The Attorney General determines that the United States law enforcement interests would not be compromised by the designation of the country."Subsec. (c)(3). Pub. L. 106-396, §101(a)(4)(D)(i), struck out "(within the pilot program period)" after "fiscal year" in introductory provisions.Subsec. (c)(3)(A). Pub. L. 106-396, §101(a)(4)(D)(ii), struck out "pilot" before "program" in two places in introductory provisions.Subsec. (c)(3)(B). Pub. L. 106-396, §101(a)(4)(D)(iii), struck out "pilot" before "program" in introductory provisions.Subsec. (c)(5). Pub. L. 106-396, §204(b), added par. (5).Subsec. (c)(6). Pub. L. 106-396, §206, added par. (6).Subsec. (c)(7). Pub. L. 106-396, §207, added par. (7).Subsec. (e)(1). Pub. L. 106-396, §§101(a)(5)(A), 403, in introductory provisions, substituted "carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title" for "carrier" in two places and struck out "pilot" before "program".Subsec. (e)(1)(B). Pub. L. 106-396, §101(a)(5)(B), struck out "pilot" before "program".Subsec. (e)(1)(D). Pub. L. 106-396, §205(b), added subpar. (D).Subsec. (e)(2). Pub. L. 106-396, §403(d)(1), substituted "carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title" for "carrier" and "failure by a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title" for "carrier's failure".Subsec. (e)(3). Pub. L. 106-396, §403(d)(2), added par. (3).Subsec. (f). Pub. L. 106-396, §101(a)(6), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: "For purposes of this section, the term 'pilot program period' means the period beginning on October 1, 1988, and ending on April 30, 2000."Subsec. (f)(1)(A), (C). Pub. L. 106-396, §101(a)(7)(A), (B), struck out "pilot" before "program". Subsec. (f)(2) to (4). Pub. L. 106-396, §101(a)(7)(C)-(E), substituted "as a program country" for "as a pilot program country" in two places in par. (2)(A) and struck out "pilot" before "program" in pars. (3) and (4)(A).Subsec. (g). Pub. L. 106-396, §203(b), added subsec. (g). Former subsec. (g) redesignated (f).Subsec. (h). Pub. L. 106-396, §205(a), added subsec. (h). 1998-Subsec. (c)(2). Pub. L. 105-173, §3, reenacted heading without change and amended text generally. Prior to amendment, text consisted of introductory provisions and subpars. (A) to (D) relating to low nonimmigrant visa refusal rate for previous 2-year period, low nonimmigrant visa refusal rate for each of 2 previous years, machine readable passport program, and law enforcement interests.Subsec. (f). Pub. L. 105-173, §1, substituted "2000" for "1998". 1997-Subsec. (f). Pub. L. 105-119 reenacted subsec. heading without change and amended text generally, substituting "April 30, 1998" for "September 30, 1997".1996-Subsec. (a). Pub. L. 104-208, §635(a)(1), in introductory provisions, substituted "Attorney General, in consultation with the Secretary of State" for "Attorney General and the Secretary of State, acting jointly".Subsec. (a)(2)(B). Pub. L. 104-208, §635(c)(3), struck out "or is designated as a pilot program country with probationary status under subsection (g) of this section" after "subsection (c)".Subsec. (b)(2). Pub. L. 104-208, §308(e)(9), substituted "removal of" for "deportation against". Subsec. (c)(1). Pub. L. 104-208, §635(a)(2), substituted "Attorney General, in consultation with the Secretary of State," for "Attorney General and the Secretary of State acting jointly".Subsec. (c)(3)(A)(i). Pub. L. 104-208, §308(d)(4)(F), substituted "denied admission at the time of arrival" for "excluded from admission".Subsec. (d). Pub. L. 104-208, §635(a)(3), substituted "Attorney General, in consultation with the Secretary of State" for "Attorney General and the Secretary of State, acting jointly".Subsec. (f). Pub. L. 104-208, §635(b), substituted "1997." for "1996".Subsec. (g). Pub. L. 104-208, §635(c)(1), amended heading and text of subsec. (g) generally. Prior to amendment, text provided authority for Attorney General and Secretary of State to designate countries as pilot program countries with probationary status.Subsec. (g)(4)(A)(i). Pub. L. 104-208, §308(d)(4)(F), substituted "denied admission at the time of arrival" for "excluded from admission".1994-Subsec. (a)(2)(B). Pub. L. 103-416, §211(1), inserted before period at end "or is designated as a pilot program country with probationary status under subsection (g) of this section".Subsec. (c)(2). Pub. L. 103-416, §211(3), substituted "Except as provided in subsection (g)(4) of this section, a country" for "A country".Subsec. (f). Pub. L. 103-416, §210, substituted "1996" for "1995.". Pub. L. 103-415 substituted "1995" for "1994".Subsec. (g). Pub. L. 103-416, §211(2), added subsec. (g).1991-Subsec. (a). Pub. L. 102-232, §307(l)(3), substituted "paragraph (7)(B)(i)(II)" for "paragraph (26)(B)".Subsec. (a)(4). Pub. L. 102-232, §303(a)(1)(A), in heading substituted "into the United States" for "by sea or air".Subsec. (b). Pub. L. 102-232, §303(a)(1)(B), made technical amendment to heading.Subsec. (e)(1). Pub. L. 102-232, §303(a)(2), substituted "subsection (a)(4)" for "subsection (a)(4)(C)".1990-Subsec. (a)(2). Pub. L. 101-649, §201(a)(1), inserted ", and presents a passport issued by," after "is a national of".Subsec. (a)(3). Pub. L. 101-649, §201(a)(2), in heading substituted reference to immigration forms for reference to entry control and waiver forms, and in text substituted "completes such immigration form as the Attorney General shall establish" for "-"(A) completes such immigration form as the Attorney General shall establish under subsection (b)(3) of this section, and"(B) executes a waiver of review and appeal described in subsection (b)(4) of this section". Subsec. (a)(4). Pub. L. 101-649, §201(a)(3), added par. (4) and struck out former par. (4) which waived visa requirement for certain aliens having round-trip transportation tickets.Subsec. (a)(7). Pub. L. 101-649, §201(a)(4), added par. (7).Subsec. (b). Pub. L. 101-649, §201(a)(5), redesignated subsec. (b)(4) as subsec. (b) and subpars. (A) and (B) as pars. (1) and (2), respectively, and struck out subsec. (b) heading "Conditions before pilot program can be put into operation" and pars. (1) to (3) which related to prior notice to Congress, automated data arrival and departure system, and visa waiver information form, respectively. Subsec. (c)(1). Pub. L. 101-649, §201(a)(6)(A), substituted in heading, "In general" for "Up to 8 countries" and in text substituted "any country as a pilot program country if it meets the requirements of paragraph (2)" for "up to eight countries as pilot program countries for purposes of the pilot program".Subsec. (c)(2). Pub. L. 101-649, §201(a)(6)(B), substituted "Qualifications" for "Initial qualifications" in heading and "A country" for "For the initial period described in paragraph (4), a country" in introductory provisions, and added subpars. (C) and (D).Subsec. (d). Pub. L. 101-649, §201(a)(7), added subsec. (d). Former subsec. (d) redesignated (e).Subsec. (e). Pub. L. 101-649, §201(a)(7), (8), redesignated subsec. (d) as (e) and added subpar. (C) at end of par. (1). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 101-649, §201(a)(7), (9), redesignated subsec. (e) as (f) and substituted "on October 1, 1988, and ending on September 30, 1994" for "at the end of the 30-day period referred to in subsection (b)(1) of this section and ending on the last day of the third fiscal year which begins after such 30-day period".1988- Pub. L. 100-525, §2(p)(1), made technical amendment to directory language of Pub. L. 99-603, §313(a), which enacted this section.Subsec. (a). Pub. L. 100-525, §2(p)(2), substituted "hereinafter" for "hereafter".
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAMECommittee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110-53, title VII, §711(d)(2), Aug. 3, 2007, 121 Stat. 345, provided that: "Section 217(a)(11) of the Immigration and Nationality Act [ 8 U.S.C. 1187(a)(11) ], as added by paragraph (1)(A)(ii), shall take effect on the date that is 60 days after the date on which the Secretary of Homeland Security publishes notice in the Federal Register of the requirement under such paragraph. [Notice published in Federal Register, Nov. 13, 2008, 73 F.R. 67354.]"
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(d)(4)(F), (e)(9) of Pub. L. 104-208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 303(a)(1), (2) of Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649 see section 310(1) of Pub. L. 102-232 set out as a note under section 1101 of this title. Pub. L. 102-232, title III, §307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101-649.
EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-649, title II, §201(d), Nov. 29, 1990, 104 Stat. 5014, provided that: "The amendments made by this section [amending this section and section 1323 of this title] shall take effect as of the date of the enactment of this Act [Nov. 29, 1990]."
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see section 2(s) of Pub. L. 100-525 set out as a note under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
DATE OF SUBMISSION OF FIRST REPORT Pub. L. 114-113, div. O, title II, §205(b), Dec. 18, 2015, 129 Stat. 2993, provided that: "The Secretary of Homeland Security shall submit the first report described in subclause (V) of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added by subsection (a), not later than 90 days after the date of the enactment of this Act [Dec. 18, 2015]."
MODERNIZING AND STRENGTHENING OF SECURITY OF VISA WAIVER PROGRAM Pub. L. 110-53, title VII, §711(b), Aug. 3, 2007, 121 Stat. 338, provided that: "It is the sense of Congress that- "(1) the United States should modernize and strengthen the security of the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) by simultaneously-"(A) enhancing program security requirements; and"(B) extending visa-free travel privileges to nationals of foreign countries that are partners in the war on terrorism-"(i) that are actively cooperating with the United States to prevent terrorist travel, including sharing counterterrorism and law enforcement information; and"(ii) whose nationals have demonstrated their compliance with the provisions of the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.] regarding the purpose and duration of their admission to the United States; and "(2) the modernization described in paragraph (1) will- "(A) enhance bilateral cooperation on critical counterterrorism and information sharing initiatives;"(B) support and expand tourism and business opportunities to enhance long-term economic competitiveness; and "(C) strengthen bilateral relationships."
MACHINE READABLE PASSPORTS Pub. L. 107-56, title IV, §417(a), (b), Oct. 26, 2001, 115 Stat. 355, required the Secretary of State to perform annual audits and submit reports relating to machine readable, counterfeit, and tamper-resistant passports until Sept. 30, 2007.
REPORT REQUIRED Pub. L. 106-396, title IV, §403(e), Oct. 30, 2000, 114 Stat. 1649, provided that: "Not later than two years after the date of the enactment of this Act [Oct. 30, 2000], the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate assessing the effectiveness of the program implemented under the amendments made by this section [amending this section] for simplifying the admission of business travelers from visa waiver program countries and compliance with the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.] by such travelers under that program."
TRANSITION PROVISIONS Pub. L. 104-208, div. C, title VI, §635(c)(2), Sept. 30, 1996, 110 Stat. 3009-703, provided that: "A country designated as a pilot program country with probationary status under section 217(g) of the Immigration and Nationality Act [ 8 U.S.C. 1187(g) ] (as in effect on the day before the date of the enactment of this Act [Sept. 30, 1996]) shall be considered to be designated as a pilot program country on and after such date, subject to placement in probationary status or termination of such designation under such section (as amended by paragraph (1))."
OPERATION OF AUTOMATED DATA ARRIVAL AND DEPARTURE CONTROL SYSTEM; REPORT TO CONGRESS Pub. L. 101-649, title II, §201(c), Nov. 29, 1990, 104 Stat. 5014, provided that: "By not later than January 1, 1992, the Attorney General, in consultation with the Secretary of State, shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report on the operation of the automated data arrival and departure control system for foreign visitors and on admission refusals and overstays for such visitors who have entered under the visa waiver program."
REPORT ON VISA WAIVER PILOT PROGRAM Pub. L. 99-603, title IV, §405, Nov. 6, 1986, 100 Stat. 3442, provided that the Attorney General and the Secretary of State would jointly monitor the pilot program established under this section and report to the Congress not later than two years after the beginning of the program.
- Attorney General
- The term "Attorney General" means the Attorney General of the United States.
- Service
- The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
- State
- The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
- alien
- The term "alien" means any person not a citizen or national of the United States.
- consular officer
- The term "consular officer" means any consular, diplomatic, or other officer or employee of the United States designated under regulations prescribed under authority contained in this chapter, for the purpose of issuing immigrant or nonimmigrant visas or, when used in subchapter III, for the purpose of adjudicating nationality.
- immigration laws
- The term "immigration laws" includes this chapter and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens.
- immigration officer
- The term "immigration officer" means any employee or class of employees of the Service or of the United States designated by the Attorney General, individually or by regulation, to perform the functions of an immigration officer specified by this chapter or any section of this title.
- national
- The term "national" means a person owing permanent allegiance to a state.
- naturalization
- The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
- nonimmigrant visa
- The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this chapter.
- organization
- The term "organization" means, but is not limited to, an organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects.
- passport
- The term "passport" means any travel document issued by competent authority showing the bearer's origin, identity, and nationality if any, which is valid for the admission of the bearer into a foreign country.
- permanent
- The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
- person
- The term "person" means an individual or an organization.
- admission
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.
- admitted
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.