VISA WAIVER PROGRAM.

SEC. 635. VISA WAIVER PROGRAM. (a) Elimination of Joint Action Requirement.— Section 217 (8 U.S.C. 1187) is amended— (1) in subsection (a), by striking “Attorney General and the Secretary of State, acting jointly” and inserting “Attorney General, in consultation with the Secretary of State”; (2) in subsection (c)(1), by striking “Attorney General and the Secretary of State acting jointly” and inserting “Attorney General, in consultation with the Secretary of State,”; and (3) in subsection (d), by striking “Attorney General and the Secretary of State, acting jointly,” and inserting “Attorney General, in consultation with the Secretary of State,”. (b) Extension of Program.— Section 217(f) (8 U.S.C. 1187(f)) is amended by striking “1996” and inserting “1997.”. (c) Duration and Termination of Designation of Pilot Program Countries.— (1) In general.— Section 217(g) (8 U.S.C. 1187(g)) is amended to read as follows: “(g) Duration and Termination of Designation.— “(1) In general.— “(A) Determination and notification of disqualification rate.— Upon determination by the Attorney General that a pilot program country’s disqualification rate is 2 percent or more, the Attorney General shall notify the Secretary of State. “(B) Probationary status.— If the program country’s disqualification rate is greater than 2 percent but less than 3.5 percent, the Attorney General shall place the program country in probationaiy status for a period not to exceed 2 full fiscal years following the year in which the determination under subparagraph (A) is made. “(C) Termination of designation.— Subject to paragraph (3), if the program country’s disqualification rate is 3.5 percent or more, the Attorney General shall terminate the country’s designation as a pilot program country effective at the beginning of the second fiscal year following the fiscal year in which the determination under subparagraph (A) is made. “(2) Termination of probationary status.— 110 STAT. 3009–703 “(A) In general.— If the Attorney General 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 (c)(2)(C), or has a disqualification rate of 2 percent or more, the Attorney General shall terminate the designation of the country as a pilot program country. If the Attorney General determines that the program country has developed a machine-readable passport program and has a disqualification rate of less than 2 percent, the Attorney General shall redesignate the country as a pilot program country. “(B) Effective date.— 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). “(3) Nonapplicability of certain provisions.— Paragraph (1)(C) shall not apply unless the total number of nationals of a pilot program country described in paragraph (4)(A) exceeds 100. “(4) Definition.— For purposes of this subsection, the term ‘disqualification rate’ means the percentage which— “(A) the total number of nationals of the pilot program country who were— “(i) excluded from admission or withdrew their application for admission during the most recent fiscal year for which data are available; and “(ii) admitted as nonimmigrant visitors during such fiscal year and who violated the terms of such admission; bears to “(B) the total number of nationals of such country who applied for admission as nonimmigrant visitors during such fiscal year.”. (2) Transition.— A country designated as a pilot program country with probationary status under section 217(g) of the Immigration and Nationality Act (as in effect on the day before the date of the enactment of this Act) 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)). (3) Conforming amendment.— Section 217(a)(2)(B) (8 U.S.C. 1187(a)(2)(B)) is amended by striking “or is” through “subsection (g).” and inserting a period.