The International Emergency Economic Powers Act, referred to in subsec. (a)(12)(A)(i)(II), (ii)(II), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.
This chapter, referred to in subsecs. (b)(1) and (c)(7)(B)(iv), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
Amendments2015—Pub. L. 114–113, § 209(b)(1), substituted “electronic system for travel authorization” for “electronic travel authorization system” wherever appearing.
Pub. L. 114–113, § 209(a), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing, except in subsec. (c)(11)(B).
Subsec. (a)(3). Pub. L. 114–113, § 202(a), amended par. (3) generally. Prior to amendment, par. (3) related to machine readable passport requirement.
Subsec. (a)(11). Pub. L. 114–113, § 209(b)(2), substituted “electronic system for travel authorization” for “electronic travel authorization system” in heading.
Subsec. (a)(12). Pub. L. 114–113, § 203, added par. (12).
Subsec. (c)(2)(B). Pub. L. 114–113, § 202(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to machine readable passport program.
Subsec. (c)(2)(C)(iii). Pub. L. 114–113, § 205(a)(1), 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)(2)(D). Pub. L. 114–113, § 204(a), substituted “not later than 24 hours after becoming aware of the theft or loss” for “within a strict time limit”.
Subsec. (c)(2)(F). Pub. L. 114–113, § 204(c), inserted before period at end “, and fully implements such agreement”.
Subsec. (c)(2)(G). Pub. L. 114–113, § 204(b), added subpar. (G).
Subsec. (c)(5)(A)(i)(III). Pub. L. 114–113, § 205(a)(2)(A)(i), (ii), inserted “the Permanent Select Committee on Intelligence,” after “the Committee on Foreign Affairs,” and “the Select Committee on Intelligence” after “the Committee on Foreign Relations,”.
Subsec. (c)(5)(A)(i)(V). Pub. L. 114–113, § 205(a)(2)(A)(iii)–(C), added subcl. (V).
Subsec. (c)(12). Pub. L. 114–113, § 206, added par. (12).
Subsec. (f)(6), (7). Pub. L. 114–113, § 204(d), added pars. (6) and (7).
Subsec. (h)(3). Pub. L. 114–113, § 209(b)(3), substituted “Electronic system for travel authorization” for “Electronic travel authorization system” in heading.
Subsec. (h)(3)(C)(i). Pub. L. 114–113, § 207(a)(1), inserted “or shorten the period of eligibility under any such determination” after “any such determination”.
Subsec. (h)(3)(D) to (F). Pub. L. 114–113, § 207(a)(2), added subpars. (D) to (F) and struck out former subpar. (D) which required submission of report regarding the implementation of the automated electronic travel authorization system.
2014—Subsec. (h)(3)(B)(iii). Pub. L. 113–235, § 605(b), substituted “September 30, 2020” for “September 30, 2015”.
2010—Subsec. (h)(3)(B). Pub. L. 111–145, § 9(h), formerly § 9(e), as renumbered by Pub. L. 113–235, § 606(1), amended subpar. (B) generally. Prior to amendment, text read as follows: “The Secretary of Homeland Security may charge a fee for the use of the System, which shall be—
“(i) set at a level that will ensure recovery of the full costs of providing and administering the System; and
“(ii) available to pay the costs incurred to administer the System.”
Subsec. (h)(3)(B)(ii). Pub. L. 111–198, § 5(a)(1), made technical amendment to reference in original act which appears in text as reference to “subsection (d) of section 2131 of title 22”.
Subsec. (h)(3)(B)(iii). Pub. L. 111–198, § 5(a)(2), substituted “September 30, 2015.” for “September 30, 2014.”
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). 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)”.
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”.