(D) the Attorney General decides that the law enforcement interests
of the United States would not be compromised by the designation of
that country.
(c) DESIGNATION OF PILOT PROGRAM COUNTRIES WITH PROBATIONARY
STATUS.—(1) The Attorney General and the Secretary jointly may des-
ignate any foreign country as a pilot program country with probationary
status if the government of that country extends (or agrees to extend) recip-
rocal privileges to nationals of the United States and meets the require-
ments of paragraph (2) of this subsection.
(2) A country may be designated as a pilot program country with proba-
tionary status only if—
(A) the average number of refusals of nonimmigrant visitor visas for
nationals of that country during the prior 2 fiscal years was less than
3.5 percent of the number of nonimmigrant visitor visas for nationals
of that country that were issued or refused during those years;
(B) the number of refusals of nonimmigrant visitor visas for nation-
als of that country during the prior fiscal year was less than 3 percent
of the number of nonimmigrant visitor visas for nationals of that coun-
try that were issued or refused during that year;
(C) the total number of nationals referred to in subclauses (i) and
(ii) of this clause is less than 1.5 percent of the number of nationals
of that country who applied for admission as nonimmigrant visitors
during that prior fiscal year:
(i) the number of nationals of that country who were excluded
from admission or withdrew their application for admission during
that prior fiscal year as nonimmigrant visitors; plus
(ii) the number of nationals of that country who were admitted
as nonimmigrant visitors during that prior fiscal year and who vio-
lated a condition of that admission; and
(D) the government of that country certifies that it has or is develop-
ing a program to issue machine-readable passports to citizens of that
country.
(3) The designation of a country as a pilot program country with proba-
tionary status ends if—
(A) the total number of nationals referred to in subclauses (i) and
(ii) of this clause is more than 2 percent of the number of nationals
of that country who applied for admission as nonimmigrant visitors
during that prior fiscal year:
(i) the number of nationals of that country who were excluded
from admission or withdrew their application for admission during
that prior fiscal year as nonimmigrant visitors; plus
(ii) the number of nationals of that country who were admitted
as nonimmigrant visitors during that prior fiscal year and who vio-
lated a condition of that admission; or
(B) the country is not designated as a pilot program country under
subsection (b) of this section, as provided in paragraph (4) of this sub-
section, within 3 fiscal years of the country’s designation as a pilot pro-
gram country with probationary status under paragraph (2) of this
subsection.
(4) The Attorney General and the Secretary jointly may designate as a
pilot program country under subsection (b) of this section a country that
in the prior fiscal year was a pilot program country with probationary sta-
tus if the total number of nationals referred to in clauses (A) and (B) of
this paragraph is less than 2 percent of the number of nationals of that
country who applied for admission as nonimmigrant visitors during that
prior fiscal year:
(A) the number of nationals of that country who were excluded from
admission or withdrew their application for admission during that prior
fiscal year as nonimmigrant visitors; plus
(B) the number of nationals of that country who were admitted as
nonimmigrant visitors during that prior fiscal year and who violated a
condition of that admission.
(d) CONTINUATION OF PILOT PROGRAM COUNTRY STATUS.—A country
that was a pilot program country in the prior fiscal year may be designated
as a pilot program country in a subsequent fiscal year of the program only
if the total number of nationals referred to in clauses (1) and (2) of this
subsection is less than 2 percent of the number of nationals of that country
who applied for admission as nonimmigrant visitors during that prior fiscal
year:
(1) the number of nationals of that country who were excluded from
admission or withdrew their application for admission during that prior
fiscal year as nonimmigrant visitors; plus
(2) the number of nationals of that country who were admitted as
nonimmigrant visitors during that prior fiscal year and who violated a
condition of that admission.
(e) ELIGIBLE ALIENS.—An alien is eligible for a waiver under the pro-
gram if the alien—
(1) is applying to be admitted not later than September 30, 1996,
as a nonimmigrant visitor under section 2303 of this title for not more
than 90 days;
(2) is a national of, and presents a passport issued by, a foreign
country designated as a pilot program country under subsection (b) of
this section or a pilot program country with probationary status under
subsection (c) of this section;
(3) before admission, completes an immigration form prescribed by
the Attorney General;
(4) before being provided a waiver under the program, waives any
right—
(A) to a review or appeal under this title of an immigration offi-
cer’s decision on the admissibility of the alien at the port of entry
into the United States; or
(B) to contest (except on the basis of an application for asylum)
an action for deportation against the alien;
(5) when arriving by air or sea, arrives at the port of entry into the
United States on a carrier that has an agreement with the Attorney
General to guarantee transportation of the alien out of the United
States if the alien is found inadmissible or deportable by an immigra-
tion officer;
(6) has a round-trip transportation ticket unless the Attorney Gen-
eral by regulation waives this requirement;
(7) is not a threat to the welfare, health, safety, or security of the
United States; and
(8) complied with the conditions of any previous admission without
a visa under the program.
(f) ADMISSION UNDER VISA WAIVER PILOT PROGRAM.—An alien admit-
ted to the United States under this section without a visa may not stay in
the United States as a nonimmigrant visitor for more than 90 days after
the date of admission to the United States.
(g) CARRIER AGREEMENTS.—(1) A carrier and the Attorney General may
make an agreement referred to in subsection (e)(5) of this section under
which the carrier agrees, in consideration of the waiver of the visa require-
ment for a nonimmigrant visitor under the program—
(A) to indemnify the United States Government against costs of
transporting that visitor from the United States if the visitor is refused
admission or remains in the United States unlawfully after the end of
the period of admission referred to in subsection (e)(1) of this section;
(B) to submit each day to immigration officers any immigration
forms received about nonimmigrant visitors given a waiver under the
program; and
(C) to be liable, under regulations the Attorney General prescribes,
for transporting a national of a pilot program country into the United
States without a passport.