Page:United States Statutes at Large Volume 121.djvu/360

 PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 339

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counterterrorism and law enforcement information; and (ii) whose nationals have demonstrated their compliance with the provisions of the Immigration and Nationality Act regarding the purpose and duration of their admission to the United States; and (2) the modernization described in paragraph (1) will— (A) enhance bilateral cooperation on critical counterterrorism and information sharing initiatives; (B) support and expand tourism and business opportunities to enhance long-term economic competitiveness; and (C) strengthen bilateral relationships. (c) DISCRETIONARY VISA WAIVER PROGRAM EXPANSION.—Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end the following new paragraphs: ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE FLEXIBILITY.— ‘‘(A) CERTIFICATION.— ‘‘(i) IN GENERAL.—On the date on which an air exit system is in place that can verify the departure of not less than 97 percent of foreign nationals who exit through airports of the United States and the electronic travel authorization system required under subsection (h)(3) is fully operational, the Secretary of Homeland Security shall certify to Congress that such air exit system and electronic travel authorization system are in place. ‘‘(ii) NOTIFICATION TO CONGRESS.—The Secretary shall notify Congress in writing of the date on which the air exit system under clause (i) fully satisfies the biometric requirements specified in subsection (i). ‘‘(iii) TEMPORARY SUSPENSION OF WAIVER AUTHORITY.—Notwithstanding any certification made under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009, the Secretary’s waiver authority under subparagraph (B) shall be suspended beginning on July 1, 2009, until such time as the Secretary makes such notification. ‘‘(iv) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed as in any way abrogating the reporting requirements under subsection (i)(3). ‘‘(B) WAIVER.—After certification by the Secretary under subparagraph (A), the Secretary, in consultation with the Secretary of State, may waive the application of paragraph (2)(A) for a country if— ‘‘(i) the country meets all security requirements of this section; ‘‘(ii) the Secretary of Homeland Security determines that the totality of the country’s security risk mitigation measures provide assurance that the country’s participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States; ‘‘(iii) there has been a sustained reduction in the rate of refusals for nonimmigrant visas for nationals

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