121 STAT. 342
to compel the release, removal, or consideration for release or removal of any alien. ‘‘(F) PASSENGER INFORMATION EXCHANGE.—The government of the country enters into an agreement with the United States to share information regarding whether citizens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens.’’; (ii) in paragraph (5)— (I) by striking ‘‘Attorney General’’ each place it appears and inserting ‘‘Secretary of Homeland Security’’; and (II) in subparagraph (A)(i)— (aa) in subclause (II), by striking ‘‘and’’ at the end; (bb) in subclause (III)— (AA) by striking ‘‘and the Committee on International Relations’’ and inserting ‘‘, the Committee on Foreign Affairs, and the Committee on Homeland Security,’’ and by striking ‘‘and the Committee on Foreign Relations’’ and inserting ‘‘, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs’’; and (BB) by striking the period at the end and inserting ‘‘; and’’; and (cc) by adding at the end the following new subclause: ‘‘(IV) shall submit to Congress a report regarding the implementation of the electronic travel authorization system under subsection (h)(3) and the participation of new countries in the program through a waiver under paragraph (8).’’; and (III) in subparagraph (B), by adding at the end the following new clause: ‘‘(iv) PROGRAM SUSPENSION AUTHORITY.—The Director of National Intelligence shall immediately inform the Secretary of Homeland Security of any current and credible threat which poses an imminent danger to the United States or its citizens and originates from a country participating in the visa waiver program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State— ‘‘(I) may suspend a country from the visa waiver program without prior notice; ‘‘(II) shall notify any country suspended under subclause (I) and, to the extent practicable without disclosing sensitive intelligence sources and methods, provide justification for the suspension; and ‘‘(III) shall restore the suspended country’s participation in the visa waiver program upon a determination that the threat no longer poses an imminent danger to the United States or its citizens.’’; and
Reports.
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Notification.
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13:52 Jan 23, 2009
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