Page:United States Statutes at Large Volume 121.djvu/361

 121 STAT. 340

Certification.

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Federal Register, publication.

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PUBLIC LAW 110–53—AUG. 3, 2007 of the country and conditions exist to continue such reduction; ‘‘(iv) the country cooperated with the Government of the United States on counterterrorism initiatives, information sharing, and preventing terrorist travel before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State determine that such cooperation will continue; and ‘‘(v)(I) the rate of refusals for nonimmigrant visitor visas for nationals of the country during the previous full fiscal year was not more than ten percent; or ‘‘(II) the visa overstay rate for the country for the previous full fiscal year does not exceed the maximum visa overstay rate, once such rate is established under subparagraph (C). ‘‘(C) MAXIMUM VISA OVERSTAY RATE.— ‘‘(i) REQUIREMENT TO ESTABLISH.—After certification by the Secretary under subparagraph (A), the Secretary and the Secretary of State jointly shall use information from the air exit system referred to in such subparagraph to establish a maximum visa overstay rate for countries participating in the program pursuant to a waiver under subparagraph (B). The Secretary of Homeland Security shall certify to Congress that such rate would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States. ‘‘(ii) VISA OVERSTAY RATE DEFINED.—In this paragraph the term ‘visa overstay rate’ means, with respect to a country, the ratio of— ‘‘(I) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa whose periods of authorized stays ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to ‘‘(II) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa during that fiscal year. ‘‘(iii) REPORT AND PUBLICATION.—The Secretary of Homeland Security shall on the same date submit to Congress and publish in the Federal Register information relating to the maximum visa overstay rate established under clause (i). Not later than 60 days after such date, the Secretary shall issue a final maximum visa overstay rate above which a country may not participate in the program. ‘‘(9) DISCRETIONARY SECURITY-RELATED CONSIDERATIONS.— In determining whether to waive the application of paragraph (2)(A) for a country, pursuant to paragraph (8), the Secretary of Homeland Security, in consultation with the Secretary of State, shall take into consideration other factors affecting the security of the United States, including— ‘‘(A) airport security standards in the country;

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