CREATION OF PROBATIONARY STATUS FOR PARTICIPANT COUNTRIES IN THE VISA WAIVER PROGRAM.

SEC. 211. CREATION OF PROBATIONARY STATUS FOR PARTICIPANT COUNTRIES IN THE VISA WAIVER PROGRAM. Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended— (1) in subsection (a)(2)(B) by inserting before the period “or is designated as a pilot program country with probationary status under subsection (g)”; (2) by adding at the end the following new subsection: “(g) Pilot Program Country With Probationary Status.— “(1) In general.—The Attorney General and the Secretary of State acting jointly may designate any country as a pilot program country with probationary status if it meets the requirements of paragraph (2). “(2) Qualifications.—A country may not be designated as a pilot program country with probationary status unless the following requirements are met: “(A) Nonimmigrant visa refusal rate for previous 2-year period.—The average number of refusals of non-immigrant visitor visas for nationals of the country during the two previous full fiscal years was less than 3.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years. “(B) Nonimmigrant visa refusal rate for previous year.—The number of refusals of nonimmigrant visitor visas for nationals of the country during the previous full fiscal year was less than 3 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year. “(C) Low exclusions and violations rate for previous year.—The sum of— “(i) the total number of nationals of that country who were excluded from admission or withdrew their application for admission during the preceding fiscal year as a nonimmigrant visitor, and “(ii) the total number of nationals of that country who were admitted as nonimmigrant visitors during the preceding fiscal year and who violated the terms of such admission, was less than 1.5 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during the preceding fiscal year. “(D) 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. “(3) Continuing and subsequent qualifications for pilot program countries with probationary status.—The designation of a country as a pilot program country with probationary status shall terminate if either of the following occurs: “(A) The sum of— “(i) the total number of nationals of that country who were excluded from admission or withdrew their application for admission during the preceding fiscal year as a nonimmigrant visitor, and 108 STAT. 4314 “(ii) the total number of nationals of that country who were admitted as visitors during the preceding fiscal year and who violated the terms of such admission, is more than 2.0 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during the preceding fiscal year. “(B) The country is not designated as a pilot program country under subsection (c) within 3 fiscal years of its designation as a pilot program country with probationary status under this subsection.”. “(4) Designation of pilot program countries with probationary status as pilot program countries—In the case of a country which was a pilot program country with probationary status in the preceding fiscal year, a country may be designated by the Attorney General and the Secretary of State, acting jointly, as a pilot program country under subsection (c) if— “(A) the total of the number of nationals of that country who were excluded from admission or withdrew their application for admission during the preceding fiscal year as a nonimmigrant visitor, and “(B) the total number of nationals of that country who were admitted as nonimmigrant visitors during the preceding fiscal year and who violated the terms of such admission, was less than 2 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during such preceding fiscal year.”; and (3) in subsection (c)(2) by striking “A country” and inserting “Except as provided in subsection (g)(4), a country”.