2007—Subsec. (a). Pub. L. 110–53, § 711(d)(1)(A)(i), designated concluding provisions as par. (10) and inserted heading.

Subsec. (a)(11). Pub. L. 110–53, § 711(d)(1)(A)(ii), added par. (11).

Subsec. (c)(2)(D). Pub. L. 110–53, § 711(d)(1)(B)(i)(I), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “The government of the country certifies that it reports to the United States Government on a timely basis the theft of blank passports issued by that country.”

Subsec. (c)(2)(E), (F). Pub. L. 110–53, § 711(d)(1)(B)(i)(II), added subpars. (E) and (F).

Subsec. (c)(5)(A)(i). Pub. L. 110–53, § 711(d)(1)(B)(ii)(I), substituted “Secretary of Homeland Security” for “Attorney General” in introductory provisions.

Subsec. (c)(5)(A)(i)(III). Pub. L. 110–53, § 711(d)(1)(B)(ii)(II)(bb)(AA), substituted “, the Committee on Foreign Affairs, and the Committee on Homeland Security,” for “and the Committee on International Relations” and “, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs” for “and the Committee on Foreign Relations”.

Subsec. (c)(5)(A)(i)(IV). Pub. L. 110–53, § 711(d)(1)(B)(ii)(II)(aa), (bb)(BB), (cc), added subcl. (IV).

Subsec. (c)(5)(A)(ii), (iii), (B)(i), (iii). Pub. L. 110–53, § 711(d)(1)(B)(ii)(I), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing.

Subsec. (c)(5)(B)(iv). Pub. L. 110–53, § 711(d)(1)(B)(ii)(III), added cl. (iv).

Subsec. (c)(8), (9). Pub. L. 110–53, § 711(c), added pars. (8) and (9).

Subsec. (c)(10), (11). Pub. L. 110–53, § 711(d)(1)(B)(iii), added pars. (10) and (11).

Subsec. (d). Pub. L. 110–53, § 711(d)(1)(C), substituted “Secretary of Homeland Security” for “Attorney General” in first sentence and inserted at end “The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver.”

Subsec. (f)(5). Pub. L. 110–53, § 711(d)(1)(D), substituted “Secretary of Homeland Security” for “Attorney General” in two places and “theft or loss of passports” for “theft of blank passports”.

Subsec. (h)(3). Pub. L. 110–53, § 711(d)(1)(E), added par. (3).

Subsec. (i). Pub. L. 110–53, § 711(d)(1)(F), added subsec. (i).

2002—Subsec. (c)(2)(D). Pub. L. 107–173, § 307(a)(1), added subpar. (D).

Subsec. (c)(5)(A)(i). Pub. L. 107–173, § 307(a)(2), substituted “2 years” for “5 years” in introductory provisions.

Subsec. (f)(5). Pub. L. 107–173, § 307(a)(3), added par. (5).

2001—Subsec. (a)(3). Pub. L. 107–56, § 417(d), which directed the substitution of “(A) In general.—Except as provided in subparagraph (B), on or after” for “On or after” and the addition of subpar. (B), was executed making the substitution for “On and after” and adding subpar. (B) to reflect the probable intent of Congress.

Pub. L. 107–56, § 417(c), substituted “2003,” for “2007,”.

2000—Pub. L. 106–396, § 101(a)(1), in section catchline struck out “pilot” before “program”.

Subsec. (a). Pub. L. 106–396, §§ 101(a)(2)(A), (B), 403 (c), struck out “pilot” before “program” in heading and two places in introductory provisions and inserted concluding provisions.

Subsec. (a)(1). Pub. L. 106–396, § 101(a)(2)(C), substituted “program” for “pilot program period (as defined in subsection (e) of this section)”.

Subsec. (a)(2). Pub. L. 106–396, § 101(a)(2)(D), in heading struck out “pilot” before “program”.

Subsec. (a)(2)(A). Pub. L. 106–396, § 201, inserted “, either on its own or in conjunction with one or more other countries that are described in subparagraph (B) and that have established with it a common area for immigration admissions,” after “to extend)”.

Subsec. (a)(3), (4). Pub. L. 106–396, § 202(a), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 106–396, § 403(a), substituted “, including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations which has entered into an agreement with the Attorney General pursuant to subsection (e) of this section. The Attorney General is authorized to require a carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a domestic corporation conducting operations under part 91 of that title, to give suitable and proper bond, in such reasonable amount and containing such conditions as the Attorney General may deem sufficient to ensure compliance with the indemnification requirements of this section, as a term of such an agreement” for “which has entered into an agreement with the Service to guarantee transport of the alien out of the United States if the alien is found inadmissible or deportable by an immigration officer”.

Pub. L. 106–396, § 202(a)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (a)(6), (7). Pub. L. 106–396, § 202(a)(1), designated pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8).

Subsec. (a)(8). Pub. L. 106–396, § 403(b), inserted “or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations” after “regulations”.

Pub. L. 106–396, § 202(a)(1), designated par. (7) as (8).

Subsec. (a)(9). Pub. L. 106–396, § 203(a), added par. (9).

Subsec. (b). Pub. L. 106–396, § 101(a)(3), struck out “pilot” before “program” in introductory provisions.

Subsec. (c). Pub. L. 106–396, § 101(a)(4)(A), in heading struck out “pilot” before “program”.

Subsec. (c)(1). Pub. L. 106–396, § 101(a)(4)(B), struck out “pilot” before “program”.

Subsec. (c)(2). Pub. L. 106–396, § 101(a)(4)(C), in introductory provisions, substituted “subsection (f)” for “subsection (g)” and struck out “pilot” before “program”.

Subsec. (c)(2)(B). Pub. L. 106–396, § 202(b), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “The government of the country certifies that it has or is in the process of developing a program to issue machine-readable passports to its citizens.”

Subsec. (c)(2)(C). Pub. L. 106–396, § 204(a), amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: “The Attorney General determines that the United States law enforcement interests would not be compromised by the designation of the country.”

Subsec. (c)(3). Pub. L. 106–396, § 101(a)(4)(D)(i), struck out “(within the pilot program period)” after “fiscal year” in introductory provisions.

Subsec. (c)(3)(A). Pub. L. 106–396, § 101(a)(4)(D)(ii), struck out “pilot” before “program” in two places in introductory provisions.

Subsec. (c)(3)(B). Pub. L. 106–396, § 101(a)(4)(D)(iii), struck out “pilot” before “program” in introductory provisions.

Subsec. (c)(5). Pub. L. 106–396, § 204(b), added par. (5).

Subsec. (c)(6). Pub. L. 106–396, § 206, added par. (6).

Subsec. (c)(7). Pub. L. 106–396, § 207, added par. (7).

Subsec. (e)(1). Pub. L. 106–396, §§ 101(a)(5)(A), 403 (d)(1)(A), in introductory provisions, substituted “carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title” for “carrier” in two places and struck out “pilot” before “program”.

Subsec. (e)(1)(B). Pub. L. 106–396, § 101(a)(5)(B), struck out “pilot” before “program”.

Subsec. (e)(1)(D). Pub. L. 106–396, § 205(b), added subpar. (D).

Subsec. (e)(2). Pub. L. 106–396, § 403(d)(1), substituted “carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title” for “carrier” and “failure by a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title” for “carrier’s failure”.

Subsec. (e)(3). Pub. L. 106–396, § 403(d)(2), added par. (3).

Subsec. (f). Pub. L. 106–396, § 101(a)(6), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: “For purposes of this section, the term ‘pilot program period’ means the period beginning on October 1, 1988, and ending on April 30, 2000.”

Subsec. (f)(1)(A), (C). Pub. L. 106–396, § 101(a)(7)(A), (B), struck out “pilot” before “program”.

Subsec. (f)(2) to (4). Pub. L. 106–396, § 101(a)(7)(C)–(E), substituted “as a program country” for “as a pilot program country” in two places in par. (2)(A) and struck out “pilot” before “program” in pars. (3) and (4)(A).

Subsec. (g). Pub. L. 106–396, § 203(b), added subsec. (g). Former subsec. (g) redesignated (f).

Subsec. (h). Pub. L. 106–396, § 205(a), added subsec. (h).

1998—Subsec. (c)(2). Pub. L. 105–173, § 3, reenacted heading without change and amended text generally. Prior to amendment, text consisted of introductory provisions and subpars. (A) to (D) relating to low nonimmigrant visa refusal rate for previous 2-year period, low nonimmigrant visa refusal rate for each of 2 previous years, machine readable passport program, and law enforcement interests.

Subsec. (f). Pub. L. 105–173, § 1, substituted “2000” for “1998”.

1997—Subsec. (f). Pub. L. 105–119 reenacted subsec. heading without change and amended text generally, substituting “April 30, 1998” for “September 30, 1997”.

1996—Subsec. (a). Pub. L. 104–208, § 635(a)(1), in introductory provisions, substituted “Attorney General, in consultation with the Secretary of State” for “Attorney General and the Secretary of State, acting jointly”.

Subsec. (a)(2)(B). Pub. L. 104–208, § 635(c)(3), struck out “or is designated as a pilot program country with probationary status under subsection (g) of this section” after “subsection (c) of this section”.

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”.

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

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.]”

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.

Amendment by section 303(a)(1), (2) of Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.

Section 307(l) of Pub. L. 102–232 provided that the amendment made by that section is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.

Section 201(d) of Pub. L. 101–649 provided that: “The amendments made by this section [amending this section and section 1323 of this title] shall take effect as of the date of the enactment of this Act [Nov. 29, 1990].”

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.

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

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.”

Pub. L. 107–56, title IV, § 417(a), (b), Oct. 26, 2001, 115 Stat. 355, provided that:

“(a) Audits.—The Secretary of State shall, each fiscal year until September 30, 2007—

“(1) perform annual audits of the implementation of section 217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1187 (c)(2)(B));

“(2) check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports; and

“(3) ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports.

“(b) Periodic Reports.—Beginning one year after the date of enactment of this Act [Oct. 26, 2001], and every year thereafter until 2007, the Secretary of State shall submit a report to Congress setting forth the findings of the most recent audit conducted under subsection (a)(1).”

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.”

Section 635(c)(2) of div. C of Pub. L. 104–208 provided that: “A country designated as a pilot program country with probationary status under section 217(g) of the Immigration and Nationality Act [8 U.S.C. 1187 (g)] (as in effect on the day before the date of the enactment of this Act [Sept. 30, 1996]) shall be considered to be designated as a pilot program country on and after such date, subject to placement in probationary status or termination of such designation under such section (as amended by paragraph (1)).”

Section 201(c) of Pub. L. 101–649 provided that: “By not later than January 1, 1992, the Attorney General, in consultation with the Secretary of State, shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report on the operation of the automated data arrival and departure control system for foreign visitors and on admission refusals and overstays for such visitors who have entered under the visa waiver program.”

Section 405 of Pub. L. 99–603 provided that:

“(a) Monitoring and Report on the Pilot Program.—The Attorney General and the Secretary of State shall jointly monitor the pilot program established under section 217 of the Immigration and Nationality Act [8 U.S.C. 1187] and shall report to the Congress not later than two years after the beginning of the program.

“(b) Details in Report.—The report shall include—

“(1) an evaluation of the program, including its impact—

“(A) on the control of alien visitors to the United States,

“(B) on consular operations in the countries designated under the program, as well as on consular operations in other countries in which additional consular personnel have been relocated as a result of the implementation of the program, and

“(C) on the United States tourism industry; and

“(2) recommendations—

“(A) on extending the pilot program period, and

“(B) on increasing the number of countries that may be designated under the program.”