Visa Waiver Pilot Program Reauthorization Act of 1997
PL 105-173 (S.1178), enacted 04/27/1998

112 STAT. 56 
PUBLIC LAW 105-173—APR. 27, 1998 
Public Law 105-173 
105th Congress 
An Act 
To amend the Immigration and Nationality Act to modify and extend the visa 
Apr. 27, 1998 
waiver pilot program, and to provide for the collection of data with respect 
[S 1178] 
*° ^® number of nonimmigrants who remain in the United States after the 
expiration of the period of stay authorized by the Attorney General. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. EXTENSION OF VISA WAIVER PILOT PROGRAM. 
8 use 1187. 
Section 217(f) of the Immigration and Nationality Act is amend-
ed by striking "1998." and inserting "2000.". 
8 use 1376. 
SEC. 2. DATA ON NONIMMIGRANT OVERSTAY RATES. 
(a) COLLECTION OF DATA.—Not later than the date that is 
180 days after the date of the enactment of this Act, the Attorney 
General shall implement a program to collect data, for each fiscal 
year, regarding the total number of aliens within each of the classes 
of nonimmigrant aliens described in section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) whose 
authorized period of stay in the United States terminated during 
the previous fiscal year, but who remained in the United States 
notwithstanding such termination. 
(b) ANNUAL REPORT.—^Not later than June 30, 1999, and not 
later than June 30 of each year thereafter, the Attorney General 
shall submit an annual report to the Congress providing numerical 
estimates, for each country for the preceding fiscal year, of the 
number of aliens from the country who are described in subsection 
(a). 
SEC. 3. QUALIFICATIONS FOR DESIGNATION AS PILOT PROGRAM 
COUNTRY. 
Section 217(c)(2) of the Immigration and Nationality Act (8 
U.S.C. 1187(c)(2)), is amended to read as follows: 
"(2) QUALIFICATIONS.—^Except as provided in subsection (g), 
a country may not be designated as a pilot program country 
unless the following requirements are met: 
"(A) L o w NONIMMIGRANT VISA REFUSAL RATE.—^Either— 
"(i) the average number of refusals of non-
immigrant visitor visas for nationals of that country 
during— 
"(I) the two previous full fiscal years was less 
than 2.0 percent of the total number of non-
immigrant visitor visas for nationals of that coun-
try which were granted or refused during those 
years; and 
•^ii*-* 
PUBLIC LAW 105-173—APR. 27, 1998 
112 STAT. 57 
"(II) 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; or 
"(ii) such refusal rate for nationals of that country 
during the previous full fiscal year was less than 3.0 
percent. 
"(B) 
MACHINE READABLE PASSPORT PROGRAM.—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. 
"(C) LAW ENFORCEMENT INTERESTS.—^The Attorney 
General determines that the United States law enforcement 
interests would not be compromised by the designation 
of the country.". 
Approved April 27, 1998. 
LEGISLATIVE HISTORY—S. 1178 (H.R. 2578): 
HOUSE REPORTS: No. 105-387 accompanying H.R. 2578 (Comm. on the Judici-
ary). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Sept. 26, considered and passed Senate. 
Vol. 144 (1998): Mar. 25, considered and passed House, amended, in lieu of 
H.R. 2578. 
Apr. 1, Senate concurred in House amendments.