†
132
HR 1 EAS
(2) the expansion described in paragraph (1)
will—
(A) enhance bilateral cooperation on critical
counterterrorism and information sharing ini-
tiatives;
(B) support and expand tourism and busi-
ness opportunities to enhance long-term economic
competitiveness; and
(C) strengthen bilateral relationships.
(c) DISCRETIONARY VISA WAIVER PROGRAM EXPAN-
SION.—Section 217(c) of the Immigration and Nationality
Act (8 U.S.C. 1187(c)) is amended by adding at the end
the following:
‘‘(8) NONIMMIGRANT VISA REFUSAL RATE FLEXI-
BILITY.—
‘‘(A) CERTIFICATION.—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 that exit through airports of
the United States, the Secretary of Homeland
Security shall certify to Congress that such air
exit system is in place.
‘‘(B) WAIVER.—After certification by the
Secretary under subparagraph (A), the Secretary
of Homeland Security, in consultation with the
†
133
HR 1 EAS
Secretary of State, may waive the application of
paragraph (2)(A) for a country—
‘‘(i) if the country meets all security
requirements of this section;
‘‘(ii) if the Secretary of Homeland Se-
curity determines that the totality of the
country’s security risk mitigation measures
provide assurance that the country’s par-
ticipation in the program would not com-
promise the law enforcement, security inter-
ests, or enforcement of the immigration laws
of the United States;
‘‘(iii) if there has been a sustained re-
duction in the rate of refusals for non-
immigrant visitor 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 and informa-
tion sharing before the date of its designa-
tion as a program country, and the Sec-
retary of Homeland Security and the Sec-
retary of State expect such cooperation will
continue; and
†
134
HR 1 EAS
‘‘(v)(I) if the rate of refusals for non-
immigrant visitor visas for nationals of the
country during the previous full fiscal year
was not more than 10 percent; or
‘‘(II) if the visa overstay rate for the
country for the previous full fiscal year does
not exceed the maximum visa overstay rate,
once it is established under subparagraph
(C).
‘‘(C) MAXIMUM VISA OVERSTAY RATE.—
‘‘(i) REQUIREMENT TO ESTABLISH.—
After certification by the Secretary under
subparagraph (A), the Secretary of Home-
land Security and the Secretary of State
jointly shall use information from the air
exit system referred to in subparagraph (A)
to establish a maximum visa overstay rate
for countries participating in the program
pursuant to a waiver under subparagraph
(B).
‘‘(ii) VISA OVERSTAY RATE DEFINED.—
In this paragraph the term ‘visa overstay
rate’ means, with respect to a country, the
ratio of—
†
135
HR 1 EAS
‘‘(I) the total number of nationals
of that country who were admitted to
the United States on the basis of a
nonimmigrant visitor visa for which
the period of stay authorized by such
visa ended during a fiscal year and
who remained in the United States un-
lawfully beyond the such period of
stay; to
‘‘(II) the total number of nation-
als of that country who were admitted
to the United States on the basis of a
nonimmigrant visitor visa for which
the period of stay authorized by such
visa ended during such fiscal year.
‘‘(iii) REPORT
AND
PUBLICATION.—
Secretary of Homeland Security shall sub-
mit to Congress and publish in the Federal
Register a notice of the maximum visa over-
stay rate proposed to be established under
clause (i). Not less than 60 days after the
date such notice is submitted and published,
the Secretary shall issue a final maximum
visa overstay rate.
†
136
HR 1 EAS
‘‘(9) DISCRETIONARY
SECURITY-RELATED
CON-
SIDERATIONS.—In determining whether to waive the
application of paragraph (2)(A) for a country, pursu-
ant to paragraph (8), the Secretary of Homeland Se-
curity, 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 coun-
try;
‘‘(B) whether the country assists in the op-
eration of an effective air marshal program;
‘‘(C) the standards of passports and travel
documents issued by the country; and
‘‘(D) other security-related factors.’’.
(d) SECURITY ENHANCEMENTS TO THE VISA WAIVER
PROGRAM.—
(1) IN GENERAL.—Section 217 of the Immigra-
tion and Nationality Act (8 U.S.C. 1187) is
amended—
(A) in subsection (a)—
(i) by striking ‘‘Operators of aircraft’’
and inserting the following:
‘‘(10) ELECTRONIC
TRANSMISSION
OF
IDENTI-
FICATION INFORMATION.—Operators of aircraft’’; and
(ii) by adding at the end the following:
†
137
HR 1 EAS
‘‘(11) ELIGIBILITY DETERMINATION UNDER THE
ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.—Be-
ginning on the date on which the electronic travel au-
thorization system developed under subsection (h)(3)
is fully operational, each alien traveling under the
program shall, before applying for admission, elec-
tronically provide basic biographical information to
the system. Upon review of such biographical infor-
mation, the Secretary of Homeland Security shall de-
termine whether the alien is eligible to travel to the
United States under the program.’’;
(B) in subsection (c), as amended by sub-
section (c) of this section—
(i) in paragraph (2)—
(I) by amending subparagraph
(D) to read as follows:
‘‘(D) REPORTING LOST AND STOLEN PASS-
PORTS.—The government of the country enters
into an agreement with the United States to re-
port, or make available through Interpol, 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 agree-
ment.’’; and
†
138
HR 1 EAS
(II) by adding at the end the fol-
lowing:
‘‘(E) REPATRIATION OF ALIENS.—The gov-
ernment of a country accepts for repatriation
any citizen, former citizen, or national against
whom a final executable order of removal is
issued not later than 3 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 of-
ficial 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
EX-
CHANGE.—The government of the country enters
into an agreement with the United States to
share information regarding whether nationals of
that country traveling to the United States rep-
resent a threat to the security or welfare of the
United States or its citizens.’’;.
(ii) in paragraph (5)—
†
139
HR 1 EAS
(I) by striking ‘‘Attorney Gen-
eral’’ each place it appears and insert-
ing ‘‘Secretary of Homeland Security’’;
and
(II) in subparagraph (A)(i)—
(aa) in subclause (II), by
striking ‘‘and’’ at the end;
(bb) in subclause (III), by
striking the period at the end and
inserting ‘‘; and’’; and
(cc) by adding at the end the
following:
‘‘(IV) shall submit to Congress a
report regarding the implementation of
the electronic travel authorization sys-
tem under subsection (h)(3) and the
participation of new countries in the
program through a waiver under para-
graph (8).’’; and
(iii) by adding at the end the fol-
lowing:
‘‘(10) TECHNICAL
ASSISTANCE.—The Secretary
of Homeland Security, in consultation with the Sec-
retary of State, shall provide technical assistance to
†
140
HR 1 EAS
program countries to assist those countries in meeting
the requirements under this section.’’;
(C) in subsection (d), by adding at the end
the following: ‘‘The Secretary of Homeland Secu-
rity may not waive any eligibility requirement
under this section unless the Secretary notifies
the appropriate congressional committees not
later than 30 days before the effective date of
such waiver.’’;
(D) in subsection (f)(5), by striking ‘‘of
blank’’ and inserting ‘‘or loss of’’; and
(E) in subsection (h), by adding at the end
the following:
‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION SYS-
TEM.—
‘‘(A) SYSTEM.—The Secretary of Homeland
Security, in consultation with the Secretary of
State, is authorized to develop and implement a
fully automated electronic travel authorization
system (referred to in this paragraph as the
‘System’) to collect such basic biographical infor-
mation as the Secretary of Homeland Security
determines to be necessary to determine, in ad-
vance of travel, the eligibility of an alien to trav-
el to the United States under the program.
†
141
HR 1 EAS
‘‘(B) FEES.—The Secretary of Homeland
Security may charge a fee for the use of the Sys-
tem, which shall be—
‘‘(i) set at a level that will ensure re-
covery of the full costs of providing and ad-
ministering the System; and
‘‘(ii) available to pay the costs in-
curred to administer the System.
‘‘(C) VALIDITY.—
‘‘(i) PERIOD.—The Secretary of Home-
land Security, in consultation with the Sec-
retary of State shall prescribe regulations
that provide for a period, not to exceed 3
years, during which a determination of eli-
gibility to travel under the program will be
valid. Notwithstanding any other provision
under this section, the Secretary of Home-
land Security may revoke any such deter-
mination at any time and for any reason.
‘‘(ii) LIMITATION.—A determination
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.
†
142
HR 1 EAS
‘‘(iii) 
JUDICIAL
REVIEW.—Notwith-
standing 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 be-
fore publishing notice regarding the implementa-
tion of the System in the Federal Register, the
Secretary of Homeland Security shall submit a
report regarding the implementation of the Sys-
tem to—
‘‘(i) the Committee on Homeland Secu-
rity and Governmental Affairs of the Sen-
ate;
‘‘(ii) the Committee on the Judiciary
of the Senate;
‘‘(iii) the Select Committee on Intel-
ligence of the Senate;
‘‘(iv) the Committee on Appropriations
of the Senate;
‘‘(v) the Committee on Homeland Secu-
rity of the House of Representatives;
‘‘(vi) the Committee on the Judiciary
of the House of Representatives;
†
143
HR 1 EAS
‘‘(vii) the Permanent Select Committee
on Intelligence of the House of Representa-
tives; and
‘‘(viii) the Committee on Appropria-
tions of the House of Representatives.’’.
(2) EFFECTIVE DATE.—Section 217(a)(11) of the
Immigration and Nationality Act, as added by para-
graph (1)(A)(ii) shall take effect on the date which 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) EXIT SYSTEM.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, 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 section 217 of the Immi-
gration and Nationality Act (8 U.S.C. 1187).
(2) SYSTEM REQUIREMENTS.—The system estab-
lished under paragraph (1) shall—
(A) match biometric information of the
alien against relevant watch lists and immigra-
tion information; and
†
144
HR 1 EAS
(B) compare such biometric information
against manifest information collected by air
carriers on passengers departing the United
States to confirm such individuals have departed
the United States.
(3) REPORT.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall sub-
mit a report to Congress that describes—
(A) the progress made in developing and de-
ploying the exit system established under this
subsection; and
(B) the procedures by which the Secretary
will improve the manner of calculating the rates
of nonimmigrants who violate the terms of their
visas by remaining in the United States after the
expiration of such visas.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out this section and the amendments made
by this section.
†
145
HR 1 EAS
SEC. 502. STRENGTHENING THE CAPABILITIES OF THE
HUMAN SMUGGLING AND TRAFFICKING CEN-
TER.
(a) IN GENERAL.—Section 7202 of the Intelligence Re-
form 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 Cen-
ter is staffed with not fewer than 40 full-time equiva-
lent positions, including, as appropriate, detailees
from the following:
†
146
HR 1 EAS
‘‘(A) The Office of Intelligence and Anal-
ysis.
‘‘(B) The Transportation Security Adminis-
tration.
‘‘(C) The United States Citizenship and Im-
migration Services.
‘‘(D) The United States Customs and Bor-
der Protection.
‘‘(E) The United States Coast Guard.
‘‘(F) The United States Immigration and
Customs Enforcement.
‘‘(G) The Central Intelligence Agency.
‘‘(H) The Department of Defense.
‘‘(I) The Department of the Treasury.
‘‘(J) The National Counterterrorism Center.
‘‘(K) The National Security Agency.
‘‘(L) The Department of Justice.
‘‘(M) The Department of State.
‘‘(N) Any other relevant agency or depart-
ment.
‘‘(2) EXPERTISE OF DETAILEES.—The Secretary
of Homeland Security, in cooperation with the head
of each agency, department, or other entity set out
under paragraph (1), shall ensure that the detailees
provided to the Center under paragraph (1) include
†
147
HR 1 EAS
an adequate number of personnel with experience in
the area of—
‘‘(A) consular affairs;
‘‘(B) counterterrorism;
‘‘(C) criminal law enforcement;
‘‘(D) intelligence analysis;
‘‘(E) prevention and detection of document
fraud;
‘‘(F) border inspection; or
‘‘(G) immigration enforcement.
‘‘(3) REIMBURSEMENT FOR DETAILEES.—To the
extent that funds are available for such purpose, the
Secretary of Homeland Security shall provide reim-
bursement to each agency or department that provides
a detailee to the Center, in such amount or propor-
tion as is appropriate for costs associated with the
provision of such detailee, including costs for travel
by, and benefits provided to, such detailee.
‘‘(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 of-
fice space, supplies, equipment, technology, training, and
travel expenses necessary for the Center to carry out its
functions.’’.
†
148
HR 1 EAS
(b) REPORT.—Subsection (g) of section 7202 of the In-
telligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1777), as redesignated by subsection (a)(2), is
amended—
(1) in the heading, by striking ‘‘REPORT’’ and
inserting ‘‘INITIAL REPORT’’;
(2) by redesignating such subsection (g) as para-
graph (1);
(3) by indenting such paragraph, as so des-
ignated, four ems from the left margin;
(4) by inserting before such paragraph, as so des-
ignated, the following:
‘‘(g) REPORT.—’’; and
(5) by inserting after such paragraph, as so des-
ignated, the following new paragraph:
‘‘(2) FOLLOW-UP REPORT.—Not later than 180
days after the date of enactment of the Improving
America’s Security 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;
†
149
HR 1 EAS
‘‘(B) the mechanisms used to share informa-
tion among each such agency or department;
‘‘(C) the staff provided to the Center by each
such agency or department;
‘‘(D) the type of information and reports
being disseminated by the Center; and
‘‘(E) any efforts by the Center to create a
centralized Federal Government database to store
information related to illicit travel of foreign na-
tionals, including a description of any such
database and of the manner in which informa-
tion utilized in such a database would be col-
lected, stored, and shared.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
section 7202 of the Intelligence Reform and Terrorism Pre-
vention Act of 2004 (8 U.S.C. 1777), as amended by this
section, $20,000,000 for fiscal year 2008.
SEC. 503. 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:
†
150
HR 1 EAS
‘‘SEC. 7215. TERRORIST TRAVEL PROGRAM.
‘‘(a) REQUIREMENT TO ESTABLISH.—Not later than
90 days after the date of enactment of the Improving Amer-
ica’s Security Act of 2007, the Secretary of Homeland Secu-
rity, 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 responsibil-
ities with respect to terrorist travel.
‘‘(b) HEAD
OF
THE PROGRAM.—The Secretary of
Homeland Security shall designate an official of the De-
partment of Homeland Security to be responsible for car-
rying out the program. Such official shall be—
‘‘(1) the Assistant Secretary for Policy of the De-
partment of Homeland Security; or
‘‘(2) an official appointed by the Secretary who
reports directly to the Secretary.
‘‘(c) DUTIES.—The official designated under sub-
section (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 pro-
grams and recommending improvements, if necessary;
†
151
HR 1 EAS
‘‘(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 dis-
semination of intelligence and information related to
terrorist travel—
‘‘(A) among appropriate subdivisions of the
Department of Homeland Security, as deter-
mined by the Secretary and including—
‘‘(i) the United States Customs and
Border Protection;
‘‘(ii) the United States Immigration
and Customs Enforcement;
‘‘(iii) the United States Citizenship
and Immigration Services;
‘‘(iv) the Transportation Security Ad-
ministration; 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
†
152
HR 1 EAS
and ensuring that the recommendations of the Center
related to terrorist travel are carried out by the De-
partment.
‘‘(d) REPORT.—Not later than 180 days after the date
of enactment of the Improving America’s Security 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 Se-
curity of the House of Representatives a report on the im-
plementation of this section.’’.
SEC. 504. ENHANCED DRIVER’S LICENSE.
Section 7209(b)(1) of the Intelligence Reform and Ter-
rorism 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:
‘‘(viii) the signing of a memorandum
of agreement to initiate a pilot program
with not less than 1 State to determine if
an enhanced driver’s license, which is ma-
chine-readable and tamper proof, not valid