118 STAT. 3824 PUBLIC LAW 108–458—DEC. 17, 2004 (2) the President may not exercise discretion under section 215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary requirements for United States citizens departing from or entering, or attempting to depart from or enter, the United States except— (A) where the Secretary of Homeland Security deter- mines that the alternative documentation that is the basis for the waiver of the documentary requirement is sufficient to denote identity and citizenship; (B) in the case of an unforeseen emergency in indi- vidual cases; or (C) in the case of humanitarian or national interest reasons in individual cases. (d) TRANSIT WITHOUT VISA PROGRAM.—The Secretary of State shall not use any authorities granted under section 212(d)(4)(C) of such Act until the Secretary, in conjunction with the Secretary of Homeland Security, completely implements a security plan to fully ensure secure transit passage areas to prevent aliens pro- ceeding in immediate and continuous transit through the United States from illegally entering the United States. SEC. 7210. EXCHANGE OF TERRORIST INFORMATION AND INCREASED PREINSPECTION AT FOREIGN AIRPORTS. (a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) The exchange of terrorist information with other coun- tries, consistent with privacy requirements, along with listings of lost and stolen passports, will have immediate security bene- fits. (2) The further away from the borders of the United States that screening occurs, the more security benefits the United States will gain. (b) SENSE OF CONGRESS.—It is the sense of Congress that— (1) the Federal Government should exchange terrorist information with trusted allies; (2) the Federal Government should move toward real-time verification of passports with issuing authorities; (3) where practicable, the Federal Government should con- duct screening before a passenger departs on a flight destined for the United States; (4) the Federal Government should work with other coun- tries to ensure effective inspection regimes at all airports; (5) the Federal Government should work with other coun- tries to improve passport standards and provide foreign assist- ance to countries that need help making the transition to the global standard for identification; and (6) the Department of Homeland Security, in coordination with the Department of State and other Federal agencies, should implement the initiatives called for in this subsection. (c) REPORT REGARDING THE EXCHANGE OF TERRORIST INFORMA- TION.— (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary of State and the Sec- retary of Homeland Security, working with other Federal agen- cies, shall submit to the appropriate committees of Congress 8 USC 1225a note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00358 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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