†
153
HR 1 EAS
for certification of citizenship for any pur-
pose other than admission into the United
States from Canada, and issued by such
State to an individual, may permit the in-
dividual to use the driver’s license to meet
the documentation requirements under sub-
paragraph (A) for entry into the United
States from Canada at the land and sea
ports of entry.’’; and
(2) by adding at the end the following:
‘‘(C) REPORT.—Not later than 180 days
after the initiation of the pilot program de-
scribed in subparagraph (B)(viii), the Secretary
of Homeland Security and 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 ex-
pand 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;
†
154
HR 1 EAS
‘‘(iv) a plan to scan individuals par-
ticipating 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 li-
censes.’’.
SEC. 505. WESTERN HEMISPHERE TRAVEL INITIATIVE.
Before publishing a final rule in the Federal Register,
the Secretary shall conduct—
(1) a complete cost-benefit analysis of the West-
ern Hemisphere Travel Initiative, authorized under
section 7209 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108–458; 8
U.S.C. 1185 note); and
(2) a study of the mechanisms by which the exe-
cution fee for a PASS Card could be reduced, consid-
ering the potential increase in the number of applica-
tions.
SEC. 506. MODEL PORTS-OF-ENTRY.
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall—
†
155
HR 1 EAS
(1) establish a model ports-of-entry program for
the purpose of providing a more efficient and wel-
coming international arrival process in order to fa-
cilitate 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 with the greatest
average annual number of arriving foreign visitors.
(b) 
PROGRAM
ELEMENTS.—The 
program 
shall
include—
(1) enhanced queue management in the Federal
Inspection Services area leading up to primary in-
spection;
(2) assistance for foreign travelers once they have
been admitted to the United States, in consultation,
as appropriate, with relevant governmental and non-
governmental entities; and
(3) instructional videos, in English and such
other languages as the Secretary determines appro-
priate, in the Federal Inspection Services area that
explain the United States inspection process and fea-
ture national, regional, or local welcome videos.
(c) ADDITIONAL CUSTOMS AND BORDER PROTECTION
OFFICERS
FOR HIGH VOLUME PORTS.—Subject to the
availability of appropriations, before the end of fiscal year
†
156
HR 1 EAS
2008 the Secretary of Homeland Security shall employ not
less than an additional 200 Customs and Border Protection
officers to address staff shortages at the 20 United States
international airports with the highest average number of
foreign visitors arriving annually.
TITLE VI—PRIVACY AND CIVIL
LIBERTIES MATTERS
SEC. 601. MODIFICATION OF AUTHORITIES RELATING TO
PRIVACY AND CIVIL LIBERTIES OVERSIGHT
BOARD.
(a) MODIFICATION OF AUTHORITIES.—Section 1061 of
the National Security Intelligence Reform Act of 2004 (title
I of Public Law 108–458; 5 U.S.C. 601 note) is amended
to read as follows:
‘‘SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT
BOARD.
‘‘(a) IN GENERAL.—There is established within the
Executive Office of the President a Privacy and Civil Lib-
erties Oversight Board (referred to in this section as the
‘Board’).
‘‘(b) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United
States, Congress makes the following findings:
†
157
HR 1 EAS
‘‘(1) In conducting the war on terrorism, the
Government may need additional powers and may
need to enhance the use of its existing powers.
‘‘(2) This shift of power and authority to the
Government calls for an enhanced system of checks
and balances to protect the precious liberties that are
vital to our way of life and to ensure that the Govern-
ment uses its powers for the purposes for which the
powers were given.
‘‘(c) PURPOSE.—The Board shall—
‘‘(1) analyze and review actions the executive
branch takes to protect the Nation from terrorism, en-
suring that the need for such actions is balanced with
the need to protect privacy and civil liberties; and
‘‘(2) ensure that liberty concerns are appro-
priately considered in the development and imple-
mentation of laws, regulations, and policies related to
efforts to protect the Nation against terrorism.
‘‘(d) FUNCTIONS.—
‘‘(1) ADVICE AND COUNSEL ON POLICY DEVELOP-
MENT AND IMPLEMENTATION.—The Board shall—
‘‘(A) review proposed legislation, regula-
tions, and policies related to efforts to protect the
Nation from terrorism, including the develop-
ment and adoption of information sharing
†
158
HR 1 EAS
guidelines under subsections (d) and (f) of sec-
tion 1016;
‘‘(B) review the implementation of new and
existing legislation, regulations, and policies re-
lated to efforts to protect the Nation from ter-
rorism, including the implementation of infor-
mation sharing guidelines under subsections (d)
and (f) of section 1016;
‘‘(C) advise the President and the depart-
ments, agencies, and elements of the executive
branch to ensure that privacy and civil liberties
are appropriately considered in the development
and implementation of such legislation, regula-
tions, policies, and guidelines; and
‘‘(D) in providing advice on proposals to
retain or enhance a particular governmental
power, consider whether the department, agency,
or 
element 
of 
the 
executive 
branch 
has
established—
‘‘(i) that the need for the power is bal-
anced with the need to protect privacy and
civil liberties;
‘‘(ii) that there is adequate supervision
of the use by the executive branch of the
†
159
HR 1 EAS
power to ensure protection of privacy and
civil liberties; and
‘‘(iii) that there are adequate guide-
lines and oversight to properly confine its
use.
‘‘(2) OVERSIGHT.—The Board shall continually
review—
‘‘(A) the regulations, policies, and proce-
dures, and the implementation of the regulations,
policies, and procedures, of the departments,
agencies, and elements of the executive branch to
ensure that privacy and civil liberties are pro-
tected;
‘‘(B) the information sharing practices of
the departments, agencies, and elements of the
executive branch to determine whether they ap-
propriately protect privacy and civil liberties
and adhere to the information sharing guidelines
issued or developed under subsections (d) and (f)
of section 1016 and to other governing laws, reg-
ulations, and policies regarding privacy and
civil liberties; and
‘‘(C) other actions by the executive branch
related to efforts to protect the Nation from ter-
rorism to determine whether such actions—
†
160
HR 1 EAS
‘‘(i) appropriately protect privacy and
civil liberties; and
‘‘(ii) are consistent with governing
laws, regulations, and policies regarding
privacy and civil liberties.
‘‘(3) RELATIONSHIP
WITH
PRIVACY
AND
CIVIL
LIBERTIES OFFICERS.—The Board shall—
‘‘(A) review and assess reports and other in-
formation from privacy officers and civil lib-
erties officers under section 1062;
‘‘(B) when appropriate, make recommenda-
tions to such privacy officers and civil liberties
officers regarding their activities; and
‘‘(C) when appropriate, coordinate the ac-
tivities of such privacy officers and civil liberties
officers on relevant interagency matters.
‘‘(4) TESTIMONY.—The members of the Board
shall appear and testify before Congress upon request.
‘‘(e) REPORTS.—
‘‘(1) IN GENERALThe Board shall—
‘‘(A) receive and review reports from pri-
vacy officers and civil liberties officers under sec-
tion 1062; and
‘‘(B) periodically submit, not less than
semiannually, reports—
†
161
HR 1 EAS
‘‘(i)(I) to the appropriate committees
of Congress, including the Committee on the
Judiciary of the Senate, the Committee on
the Judiciary of the House of Representa-
tives, the Committee on Homeland Security
and Governmental Affairs of the Senate, the
Committee on Oversight and Government
Reform of the House of Representatives, the
Select Committee on Intelligence of the Sen-
ate, and the Permanent Select Committee
on Intelligence of the House of Representa-
tives; and
‘‘(II) to the President; and
‘‘(ii) which shall be in unclassified
form to the greatest extent possible, with a
classified annex where necessary.
‘‘(2) CONTENTS.—Not less than 2 reports sub-
mitted each year under paragraph (1)(B) shall
include—
‘‘(A) a description of the major activities of
the Board during the preceding period;
‘‘(B) information on the findings, conclu-
sions, and recommendations of the Board result-
ing from its advice and oversight functions
under subsection (d);
†
162
HR 1 EAS
‘‘(C) the minority views on any findings,
conclusions, and recommendations of the Board
resulting from its advice and oversight functions
under subsection (d);
‘‘(D) each proposal reviewed by the Board
under subsection (d)(1) that—
‘‘(i) the Board advised against imple-
mentation; and
‘‘(ii) notwithstanding such advice, ac-
tions were taken to implement; and
‘‘(E) for the preceding period, any requests
submitted under subsection (g)(1)(D) for the
issuance of subpoenas that were modified or de-
nied by the Attorney General.
‘‘(f) INFORMING THE PUBLIC.—The Board shall—
‘‘(1) make its reports, including its reports to
Congress, available to the public to the greatest extent
that is consistent with the protection of classified in-
formation and applicable law; and
‘‘(2) hold public hearings and otherwise inform
the public of its activities, as appropriate and in a
manner consistent with the protection of classified in-
formation and applicable law.
‘‘(g) ACCESS TO INFORMATION.—