Details of 9/11 Commission Act (Part VI - Final - Visa Waiver Program, WHTI, Etc.)

This is Part VI, the final part of a multi-part series of summaries of P.L. 110-53 and highlights travel-related provisions in Sections 701, 711, 722, 724, and 731.

Modernization of the Visa Waiver Program

P.L. 110-53 amends Section 217(c) of the Immigration and Nationality Act by adding a new paragraph (Nonimmigrant visa refusal rate flexibility) which requires the Secretary of the Department of Homeland Security, on the date on which an air exit system is in place that can verify the departure of not less than 97% of foreign nationals who exit through U.S. airports and the required electronic travel authorization system is fully operational, to certify to Congress that such systems are in place.

The DHS Secretary is also required to notify Congress in writing of the date on which the air exit system fully satisfies specific biometric requirements.

If the DHS Secretary has not notified Congress as required above by June 30, 2009, the DHS Secretary's waiver authority shall be suspended beginning July 1, 2009, until such time as the Secretary makes such notification.

After certification discussed above, the DHS Secretary, in consultation with the Secretary of State, may waive the existing 3% nonimmigrant visa refusal rate required for a country if the country meets certain specified requirements.

P.L. 110-53 also requires the DHS Secretary and the Secretary of State to establish a maximum visa overstay rate for countries participating in the visa waiver program (VWP) pursuant to a waiver provided for above and certify to Congress that such rate would not compromise law enforcement, etc.

P.L. 110-53 also makes various security enhancements to the VWP.

Enhancements to the Terrorist Travel Program

Not later than 90 days after enactment, P.L. 110-53 requires the DHS Secretary, in consultation with others, to establish a program to oversee the implementation of the DHS Secretary's responsibilities with respect to terrorist travel. The DHS Secretary is required to submit to specified congressional committees a report, not later than 180 days after the date of enactment, on the implementation of this provision.

Western Hemisphere Travel Initiative

P.L. 110-53 requires the following actions to be taken before the DHS Secretary publishes a final rule implementing section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004:

the DHS Secretary must complete a cost-benefit analysis of the Western Hemisphere Travel Initiative (WHTI); and

the Secretary of State must develop proposals for reducing the execution fee charged for the passport card, including the use of mobile application teams, during implementation of the land and sea phase of WHTI, in order to encourage U.S. citizens to apply for the passport card.

Report on Int'l Collaboration on Border Security, Document Security, Etc.

P.L. 110-53 requires, not later than 270 days after enactment, the Secretary of State and the DHS Secretary, in conjunction with others, to submit to specified congressional committees a report on efforts of the U.S. government to collaborate with international partners and allies to increase border security, enhance global document security, and exchange terrorism information.

Report on DHS' Northern Border Security Efforts

P.L. 110-53 requires the DHS Secretary, not later than 180 days after the date of enactment, to submit a report to specified congressional committees regarding ongoing initiatives of DHS to improve security along the northern border of the U.S.

Not later than 270 days after the submission of the above report, the Government Accountability Office (GAO) is required to submit a report to Congress that reviews and comments on the above report, and provides recommendations on any additional actions necessary to protect the U.S. northern border.

(See ITT's Online Archives or 08/07/07, 08/08/07, 08/10/07, 08/15/07, and 08/16/07 news, 07080705, 07080810, 07081010, 07081515, and 07081610, for Parts I-V.)

Conference report to accompany H.R. 1 (including conference version of H.R. 1 and the joint legislative statement available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_reports&docid=f:hr259.110.pdf.