Pub. L. 110-53 Implementing Recommendations of the 9/11 Commission Act of 2007
110th Congress
August 3, 2007
121 Stat. 266
________________
H.R. 1
An Act
To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Note: This public law has been modified for I-Link to include only Title VII .
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ` Implementing Recommendations of the 9/11 Commission Act of 2007 ‘.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
| TITLE VII–STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL | |
|---|---|
| Subtitle A–Terrorist Travel | |
| Sec. 701. | Report on international collaboration to increase border security, enhance global document security, and exchange terrorist information. |
| Subtitle B–Visa Waiver | |
| Sec. 711. | Modernization of the visa waiver program. |
| Subtitle C–Strengthening Terrorism Prevention Programs | |
| Sec. 721. | Strengthening the capabilities of the Human Smuggling and Trafficking Center. |
| Sec. 722. | Enhancements to the terrorist travel program. |
| Sec. 723. | Enhanced driver’s license. |
| Sec. 724. | Western Hemisphere Travel Initiative. |
| Sec. 725. | Model ports-of-entry. |
| Sec. 731 | Report Regarding Border Security |
TITLE VII–STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
Subtitle A–Terrorist Travel
SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE BORDER SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND EXCHANGE TERRORIST INFORMATION.
(a) Report Required- Not later than 270 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security, in conjunction with the Director of National Intelligence and the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report on efforts of the Government of the United States to collaborate with international partners and allies of the United States to increase border security, enhance glob al document security, and exchange terrorism information.
(b) Contents- The report required by subsection (a) shall outline–
(1) all presidential directives, programs, and strategies for carrying out and increasing United States Government efforts described in subsection (a);
(2) the goals and objectives of each of these efforts;
(3) the progress made in each of these efforts; and
(4) the projected timelines for each of these efforts to become fully functional and effective.
(c) Definition- In this section, the term `appropriate congressional committees’ means–
(1) the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.
Subtitle B–Visa Waiver
SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM.
(a) Short Title- This section may be cited as the `Secure Travel and Counterterrorism Partnership Act of 2007′.
(b) Sense of Congress- It is the sense of Congress that–
(1) the United States should modernize and strengthen the security of the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) by simultaneously–
(A) enhancing program security requirements; and
(B) extending visa-free travel privileges to nationals of foreign countries that are partners in
the war on terrorism–
(i) that are actively cooperating with the United States to prevent terrorist travel, including sharing counterterrorism and law enforcement information; and
(ii) whose nationals have demonstrated their compliance with the provisions of the Immigration and Nationality Act regarding the purpose and duration of their admission to the United States; and
(2) the modernization described in paragraph (1) will–
(A) enhance bilateral cooperation on critical counterterrorism and information sharing initiatives;
(B) support and expand tourism and business opportunities to enhance long-term economic competitiveness; and
(C) strengthen bilateral relationships.
(c) Discretionary Visa Waiver Program Expansion- Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end the following new paragraphs:
`(8) NONIMMIGRANT VISA REFUSAL RATE FLEXIBILITY-
`(A) CERTIFICATION-
`(i) IN GENERAL- On the date on which an air exit system is in place that can verify the departure of not less than 97 percent of foreign nationals who exit through airports of the United States and the electronic travel authorization system required under subsection (h)(3) is fully operational, the Secretary of Homeland Security shall certify to Congress that such air exit system and electronic travel authorization system are in place.
`(ii) NOTIFICATION TO CONGRESS- The Secretary shall notify Congress in writing of the date on which the air exit system under clause (i) fully satisfies the biometric requirements specified in subsection (i).
`(iii) TEMPORARY SUSPENSION OF WAIVER AUTHORITY- Notwithstanding any certification made under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009, the Secretary’s waiver authority under subparagraph (B) shall be suspended beginning on July 1, 2009, until such time as the Secretary makes such notification.
`(iv) RULE OF CONSTRUCTION- Nothing in this paragraph shall be construed as in any way abrogating the reporting requirements under subsection (i)(3).
`(B) WAIVER- After certification by the Secretary under subparagraph (A), the Secretary, in consultation with the Secretary of State, may waive the application of paragraph (2)(A) for a country if–
`(i) the country meets all security requirements of this section;
`(ii) the Secretary of Homeland Security determines that the totality of the country’s security risk mitigation measures provide assurance that the country’s participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States;
`(iii) there has been a sustained reduction in the rate of refusals for nonimmigrant visas for nationals 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 i mmigration 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;
`(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 ther e 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 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
(iii) by adding at the end the following new paragraphs:
`(10) TECHNICAL ASSISTANCE- The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide technical assistance to program countries to assist those countries in meeting the requirements under this section. The Secretary of Homeland Security shall ensure that the program office within the Department of Homeland Security is adequately staffed and has resources to be able to provide such technical assistance, in addition to its duties to effectively monitor compliance of the co untries participating in the program with all the requirements of the program.
`(11) INDEPENDENT REVIEW-
`(A) IN GENERAL- Prior to the admission of a new country into the program under this section, and in conjunction with the periodic evaluations required under subsection (c)(5)(A), the Director of National Intelligence shall conduct an independent intelligence assessment of a nominated country and member of the program.
`(B) REPORTING REQUIREMENT- The Director shall provide to the Secretary of Homeland Security, the Secretary of State, and the Attorney General the independent intelligence assessment required under subparagraph (A).
`(C) CONTENTS- The independent intelligence assessment conducted by the Director shall include–
`(i) a review of all current, credible terrorist threats of the subject country;
`(ii) an evaluation of the subject country’s counterterrorism efforts;
`(iii) an evaluation as to the extent of the country’s sharing of information beneficial to suppressing terrorist movements, financing, or actions;
`(iv) an assessment of the risks associated with including the subject country in the program; and
`(v) recommendations to mitigate the risks identified in clause (iv).’;
(C) in subsection (d)–
(i) by striking `Attorney General’ and inserting `Secretary of Homeland Security’; and
(ii) by adding at the end the following new sentence: `The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on For eign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver.’;
(D) in subsection (f)(5)–
(i) by striking `Attorney General’ each place it appears and inserting `Secretary of Homeland Security’; and
(ii) by striking `of blank’ and inserting `or loss of’;
(E) in subsection (h), by adding at the end the following new paragraph:
`(3) ELECTRONIC TRAVEL AUTHORIZATION SYSTEM-
`(A) SYSTEM- The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a fully automated electronic travel authorization system (referred to in this paragraph as the `System’) to collect such biographical and other information as the Secretary of Homeland Security determines necessary to determine, in advance of travel, the eligibility of, and whether there exists a law enforcement or security risk in permitting, the alien to travel to the United States.
`(B) FEES- The Secretary of Homeland Security may charge a fee for the use of the System, which shall be–
`(i) set at a level that will ensure recovery of the full costs of providing and administering the System; and
`(ii) available to pay the costs incurred to administer the System.
`(C) VALIDITY-
`(i) PERIOD- The Secretary of Homeland Security, in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to exceed three years, during which a determination of eligibility to travel under the program will be valid. Notwithstanding any other provision under this section, the Secretary of Homeland Security may revoke any such determination at any time and for any reason.
`(ii) LIMITATION- A determination by the Secretary of Homeland Security that an alien is eligible to travel to the United States under the program is not a determination that the alien is admissible to the United States.
`(iii) NOT A DETERMINATION OF VISA ELIGIBILITY- A determination by the Secretary of Homeland Security that an alien who applied for authorization to travel to the United States through the System is not eligible to travel under the program is not a determination of eligibility for a visa to travel to the United States and shall not preclude the alien from applying for a visa.
`(iv) JUDICIAL REVIEW- Notwithstanding any other provision of law, no court shall have jurisdiction to review an eligibility determination under the System.
`(D) REPORT- Not later than 60 days before publishing notice regarding the implementation of the System in the Federal Register, the Secretary of Homeland Security shall submit a report regarding the implementation of the system to–
`(i) the Committee on Homeland Security of the House of Representatives;
`(ii) the Committee on the Judiciary of the House of Representatives;
`(iii) the Committee on Foreign Affairs of the House of Representatives;
`(iv) the Permanent Select Committee on Intelligence of the House of Representatives;
`(v) the Committee on Appropriations of the House of Representatives;
`(vi) the Committee on Homeland Security and Governmental Affairs of the Senate;
`(vii) the Committee on the Judiciary of the Senate;
`(viii) the Committee on Foreign Relations of the Senate;
`(ix) the Select Committee on Intelligence of the Senate; and
`(x) the Committee on Appropriations of the Senate.’; and
(F) by adding at the end the following new subsection:
`(i) Exit System-
`(1) IN GENERAL- Not later than one year after the date of the enactment of this subsection, the Secretary of Homeland Security shall establish an exit system that records the departure on a flight leaving the United States of every alien participating in the visa waiver program established under this section.
`(2) SYSTEM REQUIREMENTS- The system established under paragraph (1) shall–
`(A) match biometric information of the alien against relevant watch lists and immigration information; and
`(B) compare such biometric information against manifest information collected by air carriers on passengers departing the United States to confirm such aliens have departed the United States.
`(3) REPORT- Not later than 180 days after the date of the enactment of this subsection, the Secretary shall submit to Congress a report that describes–
`(A) the progress made in developing and deploying the exit system established under this subsection; and
`(B) the procedures by which the Secretary shall improve the method of calculating the rates of nonimmigrants who overstay their authorized period of stay in the United States.’.
(2) EFFECTIVE DATE- Section 217(a)(11) of the Immigration and Nationality Act, as added by paragraph (1)(A)(ii), shall take effect on the date that is 60 days after the date on which the Secretary of Homeland Security publishes notice in the Federal Register of the requirement under such paragraph.
(e) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to carry out this section and the amendments made by this section.
Subtitle C–Strengthening Terrorism Prevention Programs
SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND TRAFFICKING CENTER.
(a) In General- Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended–
(1) in subsection (c)(1), by striking `address’ and inserting `integrate and disseminate intelligence and information related to’;
(2) by redesignating subsections (d) and (e) as subsections (g) and (h), respectively; and
(3) by inserting after subsection (c) the following new subsections:
`(d) Director- The Secretary of Homeland Security shall nominate an official of the Government of the United States to serve as the Director of the Center, in accordance with the requirements of the memorandum of understanding entitled the `Human Smuggling and Trafficking Center (HSTC) Charter’.
`(e) Staffing of the Center-
`(1) IN GENERAL- The Secretary of Homeland Security, in cooperation with heads of other relevant agencies and departments, shall ensure that the Center is staffed with not fewer than 40 full-time equivalent positions, including, as appropriate, detailees from the following:
`(A) Agencies and offices within the Department of Homeland Security, including the following:
`(i) The Office of Intelligence and Analysis.
`(ii) The Transportation Security Administration.
`(iii) United States Citizenship and Immigration Services.
`(iv) United States Customs and Border Protection.
`(v) The United States Coast Guard.
`(vi) United States Immigration and Customs Enforcement.
`(B) Other departments, agencies, or entities, including the following:
`(i) The Central Intelligence Agency.
`(ii) The Department of Defense.
`(iii) The Department of the Treasury.
`(iv) The National Counterterrorism Center.
`(v) The National Security Agency.
`(vi) The Department of Justice.
`(vii) The Department of State.
`(viii) Any other relevant agency or department.
`(2) EXPERTISE OF DETAILEES- The Secretary of Homeland Security, in cooperation with the head of each agency, department, or other entity referred to in paragraph (1), shall ensure that the detailees provided to the Center under such paragraph include an adequate number of personnel who are–
`(A) intelligence analysts or special agents with demonstrated experience related to human smuggling, trafficking in persons, or terrorist travel; and
(B) personnel with experience in the areas of–
`(i) consular affairs;
`(ii) counterterrorism;
`(iii) criminal law enforcement;
`(iv) intelligence analysis;
`(v) prevention and detection of document fraud;
`(vi) border inspection;
`(vii) immigration enforcement; or
`(viii) human trafficking and combating severe forms of trafficking in persons.
`(3) ENHANCED PERSONNEL MANAGEMENT-
`(A) INCENTIVES FOR SERVICE IN CERTAIN POSITIONS-
`(i) IN GENERAL- The Secretary of Homeland Security, and the heads of other relevant agencies, shall prescribe regulations or promulgate personnel policies to provide incentives for service on the staff of the Center, particularly for serving terms of at least two years duration.
`(ii) FORMS OF INCENTIVES- Incentives under clause (i) may include financial incentives, bonuses, and such other awards and incentives as the Secretary and the heads of other relevant agencies, consider appropriate.
`(B) ENHANCED PROMOTION FOR SERVICE AT THE CENTER- Notwithstanding any other provision of law, the Secretary of Homeland Security, and the heads of other relevant agencies, shall ensure that personnel who are assigned or detailed to service at the Center shall be considered for promotion at rates equivalent to or better than similarly situated personnel of such agencies who are not so assigned or detailed, except that this subparagraph shall not apply in the case of personnel who are subject to the provisio ns of the Foreign Service Act of 1980.
`(f) Administrative Support and Funding- The Secretary of Homeland Security shall provide to the Center the administrative support and funding required for its maintenance, including funding for personnel, leasing of office space, supplies, equipment, technology, training, and travel expenses necessary for the Center to carry out its functions.’.
(b) Report- Subsection (g) of section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004, as redesignated by subsection (a)(2), is amended to read as follows:
`(g) Report-
`(1) INITIAL REPORT- Not later than 180 days after December 17, 2004, the President shall transmit to Congress a report regarding the implementation of this section, including a description of the staffing and resource needs of the Center.
`(2) FOLLOW-UP REPORT- Not later than 180 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the President shall transmit to Congress a report regarding the operation of the Center and the activities carried out by the Center, including a description of–
`(A) the roles and responsibilities of each agency or department that is participating in the Center;
`(B) the mechanisms used to share information among each such agency or department;
`(C) the personnel provided to the Center by each such agency or department;
`(D) the type of information and reports being disseminated by the Center;
`(E) any efforts by the Center to create a centralized Federal Government database to store information related to unlawful travel of foreign nationals, including a description of any such database and of the manner in which information utilized in such a database would be collected, stored, and shared;
`(F) how each agency and department shall utilize its resources to ensure that the Center uses intelligence to focus and drive its efforts;
`(G) efforts to consolidate networked systems for the Center;
`(H) the mechanisms for the sharing of homeland security information from the Center to the Office of Intelligence and Analysis, including how such sharing shall be consistent with section 1016(b);
`(I) the ability of participating personnel in the Center to freely access necessary databases and share information regarding issues related to human smuggling, trafficking in persons, and terrorist travel;
`(J) how the assignment of personnel to the Center is incorporated into the civil service career path of such personnel; and
`(K) cooperation and coordination efforts, including any memorandums of understanding, among participating agencies and departments regarding issues related to human smuggling, trafficking in persons, and terrorist travel.’.
(c) Coordination With the Office of Intelligence and Analysis- Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended by adding after subsection (h), as redesignated by subsection (a)(2), the following new subsection:
`(i) Coordination With the Office of Intelligence and Analysis- The Office of Intelligence and Analysis, in coordination with the Center, shall submit to relevant State, local, and tribal law enforcement agencies periodic reports regarding terrorist threats related to human smuggling, human trafficking, and terrorist travel.’.
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Homeland Security $20,000,000 for fiscal year 2008 to carry out section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by this section.
SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.
Section 7215 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123) is amended to read as follows:
`SEC. 7215. TERRORIST TRAVEL PROGRAM.
`(a) Requirement to Establish- Not later than 90 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center and consistent with the strategy developed under section 7201, shall establish a program to oversee the implementation of the Secretary’s responsibilities with respect to terrorist travel.
`(b) Head of the Program- The Secretary of Homeland Security shall designate an official of the Department of Homeland Security to be responsible for carrying out the program. Such official shall be–
`(1) the Assistant Secretary for Policy of the Department of Homeland Security; or
`(2) an official appointed by the Secretary who reports directly to the Secretary.
`(c) Duties- The official designated under subsection (b) shall assist the Secretary of Homeland Security in improving the Department’s ability to prevent terrorists from entering the United States or remaining in the United States undetected by–
`(1) developing relevant strategies and policies;
`(2) reviewing the effectiveness of existing programs and recommending improvements, if necessary;
`(3) making recommendations on budget requests and on the allocation of funding and personnel;
`(4) ensuring effective coordination, with respect to policies, programs, planning, operations, and dissemination of intelligence and information related to terrorist travel–
`(A) among appropriate subdivisions of the Department of Homeland Security, as determined by the Secretary and including–
`(i) United States Customs and Border Protection;
`(ii) United States Immigration and Customs Enforcement;
`(iii) United States Citizenship and Immigration Services;
`(iv) the Transportation Security Administration; and
`(v) the United States Coast Guard; and
`(B) between the Department of Homeland Security and other appropriate Federal agencies; and
`(5) serving as the Secretary’s primary point of contact with the National Counterterrorism Center for implementing initiatives related to terrorist travel and ensuring that the recommendations of the Center related to terrorist travel are carried out by the Department.
`(d) Report- Not later than 180 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementation of this section.’.
SEC. 723. ENHANCED DRIVER’S LICENSE.
Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) is amended–
(1) in subparagraph (B)–
(A) in clause (vi), by striking `and’ at the end;
(B) in clause (vii), by striking the period at the end and inserting `; and’; and
(C) by adding at the end the following new clause:
`(viii) the signing of a memorandum of agreement to initiate a pilot program with not less than one State to determine if an enhanced driver’s license, which is machine-readable and tamper proof, not valid for certification of citizenship for any purpose other than admission into the United States from Canada or Mexico, and issued by such State to an individual, may permit the individual to use the driver’s license to meet the documentation requirements under subparagraph (A) for entry into the United State s from Canada or Mexico at land and sea ports of entry.’; and
(2) by adding at the end the following new subparagraph:
`(C) REPORT- Not later than 180 days after the initiation of the pilot program described in subparagraph (B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a report which includes–
`(i) an analysis of the impact of the pilot program on national security;
`(ii) recommendations on how to expand the pilot program to other States;
`(iii) any appropriate statutory changes to facilitate the expansion of the pilot program to additional States and to citizens of Canada;
`(iv) a plan to screen individuals participating in the pilot program against United States terrorist watch lists; and
`(v) a recommendation for the type of machine-readable technology that should be used in enhanced driver’s licenses, based on individual privacy considerations and the costs and feasibility of incorporating any new technology into existing driver’s licenses.’.
SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE.
Before the Secretary of Homeland Security publishes a final rule in the Federal Register implementing section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note)–
(1) the Secretary of Homeland Security shall complete a cost-benefit analysis of the Western Hemisphere Travel Initiative, authorized under such section 7209; and
(2) the Secretary of State shall develop proposals for reducing the execution fee charged for the passport card, proposed at 71 Fed. Reg. 60928-32 (October 17, 2006), including the use of mobile application teams, during implementation of the land and sea phase of the Western Hemisphere Travel Initiative, in order to encourage United States citizens to apply for the passport card.
SEC. 725. MODEL PORTS-OF-ENTRY.
(a) In General- The Secretary of Homeland Security shall–
(1) establish a model ports-of-entry program for the purpose of providing a more efficient and welcoming international arrival process in order to facilitate and promote business and tourist travel to the United States, while also improving security; and
(2) implement the program initially at the 20 United States international airports that have the highest number of foreign visitors arriving annually as of the date of the enactment of this Act.
(b) Program Elements- The program shall include–
(1) enhanced queue management in the Federal Inspection Services area leading up to primary inspection;
(2) assistance for foreign travelers once they have been admitted to the United States, in consultation, as appropriate, with relevant governmental and nongovernmental entities; and
(3) instructional videos, in English and such other languages as the Secretary determines appropriate, in the Federal Inspection Services area that explain the United States inspection process and feature national, regional, or local welcome videos.
(c) Additional Customs and Border Protection Officers for High-Volume Ports- Subject to the availability of appropriations, not later than the end of fiscal year 2008 the Secretary of Homeland Security shall employ not fewer than an additional 200 Customs and Border Protection officers over the number of such positions for which funds were appropriated for the proceeding fiscal year to address staff shortages at the 20 United States international airports that have the highest number of foreign visitors arr iving annually as of the date of the enactment of this Act.
Subtitle D–Miscellaneous Provisions
SEC. 731. REPORT REGARDING BORDER SECURITY.
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report regarding ongoing initiatives of the Department of Homeland Security to improve security along the northern border of the United States.
(b) Contents- The report submitted under subsection (a) shall–
(1) address the vulnerabilities along the northern border of the United States; and
(2) provide recommendations to address such vulnerabilities, including required resources needed to protect the northern border of the United States.
(c) Government Accountability Office- Not later than 270 days after the date of the submission of the report under subsection (a), the Comptroller General of the United States shall submit to Congress a report that–
(1) reviews and comments on the report under subsection (a); and
(2) provides recommendations regarding any additional actions necessary to protect the northern border of the United States.
