PUBLIC LAW 110–53—AUG. 3, 2007
121 STAT. 341
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‘‘(B) whether the country assists in the operation of an effective air marshal program; ‘‘(C) the standards of passports and travel documents issued by the country; and ‘‘(D) other security-related factors, including the country’s cooperation with the United States’ initiatives toward combating terrorism and the country’s cooperation with the United States intelligence community in sharing information regarding terrorist threats.’’. (d) SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM.— (1) IN GENERAL.—Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended— (A) in subsection (a), in the flush text following paragraph (9)— (i) by striking ‘‘Operators of aircraft’’ and inserting the following: ‘‘(10) ELECTRONIC TRANSMISSION OF IDENTIFICATION INFORMATION.—Operators of aircraft’’; and (ii) by adding at the end the following new paragraph: ‘‘(11) ELIGIBILITY DETERMINATION UNDER THE ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.—Beginning on the date on which the electronic travel authorization system developed under subsection (h)(3) is fully operational, each alien traveling under the program shall, before applying for admission to the United States, electronically provide to the system biographical information and such other information as the Secretary of Homeland Security shall determine necessary to determine the eligibility of, and whether there exists a law enforcement or security risk in permitting, the alien to travel to the United States. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien is eligible to travel to the United States under the program.’’; (B) in subsection (c)— (i) in paragraph (2)— (I) by amending subparagraph (D) to read as follows: ‘‘(D) REPORTING LOST AND STOLEN PASSPORTS.—The government of the country enters into an agreement with the United States to report, or make available through Interpol or other means as designated by the Secretary of Homeland Security, to the United States Government information about the theft or loss of passports within a strict time limit and in a manner specified in the agreement.’’; and (II) by adding at the end the following new subparagraphs: ‘‘(E) REPATRIATION OF ALIENS.—The government of the country accepts for repatriation any citizen, former citizen, or national of the country against whom a final executable order of removal is issued not later than three weeks after the issuance of the final order of removal. Nothing in this subparagraph creates any duty for the United States or any right for any alien with respect to removal or release. Nothing in this subparagraph gives rise to any cause of action or claim under this paragraph or any other law against any official of the United States or of any State
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