Subtitle B—Implementing a More 
Effective Visa Security Program 
SEC. 311. IMPLEMENTING A MORE EFFECTIVE VISA SECU-
RITY PROGRAM. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall submit to the Congress a report— 
(1) outlining how the Department of Homeland 
Security will implement the recommendations of the 
report issued in August 2004 by the Office of the 
Inspector General of the Department of Homeland 
Security entitled ‘‘An Evaluation of DHS Activities 
to Implement Section 428 of the Homeland Security 
Act of 2002’’; 
(2) detailing such department’s progress in im-
plementing each of the recommendations described 
in paragraph (1); and 
(3) examining the visa security program’s effec-
tiveness as a counter-terrorism program. 
(b) CONSULTATION.—In preparing the report de-
scribed in subsection (a), the Secretary of Homeland Secu-
rity shall consult with the Secretary of State. 
(c) CONTENTS.—The report shall also include the fol-
lowing:
(1) OVERSEAS PLACEMENT OF VISA SECURITY 
OFFICERS.—The report shall assess the criteria used 
in deciding where to station or not to station visa se-
curity officers 
(2) QUALIFICATIONS OF VISA SECURITY OFFI-
CERS.—The report shall assess the skills required of 
a visa security officer, including required foreign 
language skills. 
(3) DUTIES.—The report shall contain both the 
model visa security officer position description and 
the current duties of the visa security officers sta-
tioned overseas. 
(4) PLACEMENT
WITHIN
DEPARTMENT.—The 
report shall contain a recommendation on the proper 
location of the program within Department of 
Homeland Security to maximize its value as a 
counter-terrorism program. 
Subtitle C—Securing the Visa 
Waiver Program 
SEC. 321. VISA WAIVER PROGRAM PASSENGER SCREENING; 
BIOGRAPHICAL CHECKS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish, as part of the integrated entry and 
exit data system required under section 110 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1365a), an electronic system through 
which an alien seeking to enter the United States without 
a visa under the visa waiver program described in section 
217 of the Immigration and Nationality Act (8 U.S.C. 
1187) is required to submit biographical information prior 
to embarkation. 
(b) ELEMENTS.—The electronic system required to 
be established under subsection (a) shall satisfy the fol-
lowing requirements: 
(1) ELECTRONIC
DETERMINATION
OF
ELIGI-
BILITY.—The system shall include a method for an 
electronic determination to be made, and an elec-
tronic response to be provided, in 30 minutes or less, 
as to whether or not an alien submitting information 
as described in subsection (a) is eligible to be admit-
ted to the United States as a nonimmigrant visitor 
described in section 101(a)(15)(B) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(B)). 
(2) CARRIER OBLIGATIONS.—The system shall 
include a method for requiring— 
(A) carriers and other corporations de-
scribed in section 217(a)(5) of such Act (8 
U.S.C. 1187(a)(5)) to inquire electronically, 
prior to an alien passenger’s embarkation with-
out a visa, whether the alien has been deter-
mined, using the system described in this sec-
tion, to be eligible for such an admission; and 
(B) the electronic response to such inquiry 
to be provided in 90 seconds or less. 
(3) DEPLOYMENT.—The system shall be de-
ployed as soon as possible after the date of the en-
actment of this Act. 
(4) FEE.—The Secretary of Homeland Security 
shall establish a fee to be charged to aliens described 
in subsection (a) that is set at a level that will en-
sure the recovery of the full costs of establishing and 
operating the system. 
(c) CONSULTATION.—In developing the system, the 
Secretary of Homeland Security shall consult with, and 
allow for the system’s review by, a private sector group 
consisting of individuals with expertise in immigration, 
travel, tourism, privacy, national security, or computer se-
curity issues. 
SEC. 322. DEFINING SECURITY RESPONSIBILITIES OF THE 
VISA WAIVER PROGRAM OFFICE. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall create a Visa Waiver Program Office. 
(b) FUNCTIONS.—The functions of the head of the 
Visa Waiver Program Office shall include the following:
(1) Developing a plan to submit the annual re-
port required under section 110(e) of the Illegal Im-
migration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1221 note). 
(2) Developing protocols and a plan to conduct 
biennial country reviews. 
(3) Determining funding levels necessary to 
support the conduct of country reviews and to carry 
out the other responsibilities of the office. 
(4) Developing a process to comprehensively 
check all lost and stolen passport data provided 
countries designated as visa waiver program coun-
tries under section 217 of the Immigration and Na-
tionality Act (8 U.S.C. 1187) against entry and exit 
data in information systems of the United States. 
(5) Developing procedures to collect and ana-
lyze data concerning the fraudulent use of visa waiv-
er program passports. 
(6) Including in the country review protocols 
provisions to review document manufacturing and 
issuing security practices. 
(7) Coordinating with the Department of State 
to establish standard operating procedure for sys-
temic and proactive collection of lost and stolen 
passport information.
(8) Requiring that inventory control numbers 
and passport numbers be queried in lookout systems. 
(9) Reviewing policies that allow the return of 
fraudulent travel documents to those who presented 
them when they are sent back to their countries of 
origin. 
SEC. 323. ADDITIONAL AND CONTINUOUS TRAINING FOR 
INSPECTORS IN FRAUD AND IMPOSTER DE-
TECTION. 
(a) FRAUD DETECTION.—The Secretary of Home-
land Security shall provide inspectors conducting inspec-
tions of aliens entering the United States pursuant to the 
visa waiver program described in section 217 of the Immi-
gration and Nationality Act (8 U.S.C. 1187) with en-
hanced and continuous training in detecting imposters and 
in passport and document fraud detection. Additional 
training should be provided when any program country 
designated under such section makes changes in its pass-
ports. The Secretary shall report to the appropriate con-
gressional committees (as defined in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101)) on the 
amount and the type of training received such inspectors 
on detecting and handling fraudulent documents. 
(b) FOREIGN LANGUAGES.—The Secretary of Home-
land Security shall provide inspectors described in sub-
section (a) with foreign language training in languages de-
termined to be necessary to carrying out the anti-ter-
rorism and law enforcement functions of such inspectors. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such funds as may be 
necessary to develop the capability to scan fraudulent doc-
uments and to transmit a high quality color image to the 
forensic document laboratory. The Secretary of Homeland 
Security shall ensure that staff is available in the Forensic 
Document Laboratory on a 24-hour basis to assist in de-
termining the validity of the scanned document. 
SEC. 324. AUTHORIZATION OF FUNDS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out the functions described 
in this subtitle. 
TITLE IV—SECURING THE IMMI-
GRATION BENEFITS PROCESS 
SEC. 401. IMMIGRATION OMBUDSMAN. 
(a) EXTENSION OF AUTHORITY TO ALL IMMIGRA-
TION FUNCTIONS.—Section 452 of the Homeland Security 
Act of 2002 (6 U.S.C. 272) is amended— 
(1) in subsection (a), by striking ‘‘Citizenship 
and Immigration Services’’ and inserting ‘‘Immigra-
tion’’; 
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘the Bu-
reau of Citizenship and Immigration Services’’ 
and inserting ‘‘U.S. Citizenship and Immigra-
tion Services, U.S. Immigration and Customs 
Enforcement, or U.S. Customs and Border Pro-
tection’’; and 
(B) in each of paragraphs (2) and (3), by 
striking ‘‘the Bureau of Citizenship and Immi-
gration Services’’ each place such term appears 
and inserting ‘‘such entities’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘the Bu-
reau of Citizenship and Immigration Services’’ 
each place such term appears and inserting 
‘‘the entities described in subsection (b)’’; and 
(B) in paragraph (2), by striking ‘‘Director 
of the Bureau of Citizenship and Immigration 
Services,’’ and inserting ‘‘Director of U.S. Citi-
zenship and Immigration Services, Assistant 
Secretary for U.S. Immigration and Customs 
Enforcement, U.S. Customs and Border Protec-
tion Commissioner’’; 
(4) in subsection (d)— 
(A) in paragraph (2), by striking ‘‘the Bu-
reau of Citizenship and Immigration Services’’
and inserting ‘‘the entities described in sub-
section (b)’’; and 
(B) in paragraph (4), by striking ‘‘Director 
of the Bureau of Citizenship and Immigration 
Services,’’ and inserting ‘‘Director of U.S. Citi-
zenship and Immigration Services, Assistant 
Secretary for U.S. Immigration and Customs 
Enforcement, and U.S. Customs and Border 
Protection Commissioner’’; 
(5) in subsection (e)(2), by striking ‘‘the Bu-
reau of Citizenship and Immigration Services’’ and 
inserting ‘‘the entities described in subsection (b)’’; 
(6) in subsection (f)— 
(A) by amending the subsection heading to 
read as follows: ‘‘Responsibilities.—’’; 
(B) by striking ‘‘Director of the Bureau of 
Citizenship and Immigration Services,’’ and in-
serting ‘‘Director of U.S. Citizenship and Immi-
gration Services, Assistant Secretary for U.S. 
Immigration and Customs Enforcement, and 
the U.S. Customs and Border Protection Com-
missioner’’; and 
(C) by striking ‘‘director’’ each place such 
term appears and inserting ‘‘person’’; and
(7) in subsection (g), by striking ‘‘the Bureau 
of Citizenship and Immigration Services’’ each place 
such term appears and inserting ‘‘the entities de-
scribed in subsection (b)’’. 
(b) PUBLIC INFORMATION CAMPAIGN; PRIVATE SEC-
TOR INPUT.— 
(1) IN GENERAL.—Section 452(d) of the Home-
land Security Act of 2002 (6 U.S.C. 272(d)) is 
amended— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (4), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(5) shall launch a public information cam-
paign; and 
‘‘(6) shall establish a group, which shall consist 
of private individuals, and Federal, State, and local 
government officials, with expertise in migration, 
travel, trade, or national security issues, to provide 
the Ombudsman with private sector input.’’. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated for such 
sums as may be necessary to carry out the amend-
ments made by paragraph (1).
(c) ADDITIONAL REPORTING REQUIREMENTS.—Sec-
tion 452(c) of the Homeland Security Act of 2002 (6 
U.S.C. 272(c)) is amended— 
(1) in subparagraph (F), by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (G) as sub-
paragraph (I); and 
(3) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(G) shall state the percentage of com-
plaints that can be traced to delays in benefits 
processing; and 
‘‘(H) shall describe the extent to which 
delays in benefits processing are attributable to 
entities outside of the Department, particularly 
government agencies conducting background 
checks.’’. 
SEC. 402. CIS WORKFLOW, TECHNOLOGY, AND STAFFING 
ASSESSMENT. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a comprehensive assessment 
of U.S. Citizenship and Immigration Services within the 
Department of Homeland Security. Such assessment shall 
include study of personnel, administrative and technical 
support positions, technology, training, and facilities.