H. R. 1—75 
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 Sec-
retary 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 max-
imum visa overstay rate, once such rate is established 
under subparagraph (C). 
‘‘(C) MAXIMUM VISA OVERSTAY RATE.— 
‘‘(i) REQUIREMENT
TO
ESTABLISH.—After certifi-
cation 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 over-
stay rate for countries participating in the program 
pursuant to a waiver under subparagraph (B). The 
Secretary of Homeland Security shall certify to Con-
gress that such rate would not compromise the law 
enforcement, security interests, or enforcement of the 
immigration laws of the United States. 
‘‘(ii) VISA OVERSTAY RATE DEFINED.—In this para-
graph 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 informa-
tion relating to the maximum visa overstay rate estab-
lished 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;
H. R. 1—76 
‘‘(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 coun-
try’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 para-
graph (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 para-
graph: 
‘‘(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 there exists a law enforcement or 
security risk in permitting, the alien to travel to the United 
States. Upon review of such biographical information, the Sec-
retary 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 agree-
ment.’’; 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
H. R. 1—77 
to compel the release, removal, or consideration for release 
or removal of any alien. 
‘‘(F) PASSENGER INFORMATION EXCHANGE.—The govern-
ment of the country enters into an agreement with the 
United States to share information regarding whether citi-
zens 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 pro-
gram 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 cur-
rent and credible threat which poses an imminent 
danger to the United States or its citizens and origi-
nates from a country participating in the visa waiver 
program. Upon receiving such notification, the Sec-
retary, 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 citi-
zens.’’; and
H. R. 1—78 
(iii) by adding at the end the following new para-
graphs: 
‘‘(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 ade-
quately staffed and has resources to be able to provide such 
technical assistance, in addition to its duties to effectively mon-
itor compliance of the countries 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 conjunc-
tion with the periodic evaluations required under sub-
section (c)(5)(A), the Director of National Intelligence shall 
conduct an independent intelligence assessment of a nomi-
nated country and member of the program. 
‘‘(B) REPORTING REQUIREMENT.—The Director shall pro-
vide to the Secretary of Homeland Security, the Secretary 
of State, and the Attorney General the independent intel-
ligence assessment required under subparagraph (A). 
‘‘(C) CONTENTS.—The independent intelligence assess-
ment 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 ter-
rorist 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 identi-
fied 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 sen-
tence: ‘‘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 Secu-
rity, the Committee on the Judiciary, the Committee 
on Foreign Affairs, and the Committee on Appropria-
tions, and with respect to the Senate, the Committee 
on Homeland Security and Governmental Affairs, the 
Committee on the Judiciary, the Committee on Foreign 
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 Secu-
rity’’; and
H. R. 1—79 
(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 nec-
essary 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 admin-
ister the System. 
‘‘(C) VALIDITY.— 
‘‘(i) PERIOD.—The Secretary of Homeland Security, 
in consultation with the Secretary of State, shall pre-
scribe 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 sec-
tion, the Secretary of Homeland Security may revoke 
any such determination at any time and for any reason. 
‘‘(ii) LIMITATION.—A determination by the Sec-
retary 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;
H. R. 1—80 
‘‘(iii) the Committee on Foreign Affairs of the 
House of Representatives; 
‘‘(iv) the Permanent Select Committee on Intel-
ligence 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 depar-
ture on a flight leaving the United States of every alien partici-
pating in the visa waiver program established under this sec-
tion. 
‘‘(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 mani-
fest 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 non-
immigrants 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 para-
graph. 
(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 amend-
ments made by this section.
H. R. 1—81 
Subtitle C—Strengthening Terrorism 
Prevention Programs 
SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUG-
GLING 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 sub-
sections: 
‘‘(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 require-
ments 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 depart-
ments, shall ensure that the Center is staffed with not fewer 
than 40 full-time equivalent positions, including, as appro-
priate, 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, depart-
ment, 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 dem-
onstrated experience related to human smuggling, traf-
ficking in persons, or terrorist travel; and 
‘‘(B) personnel with experience in the areas of— 
‘‘(i) consular affairs; 
‘‘(ii) counterterrorism;
H. R. 1—82 
‘‘(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 consid-
ered 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 provisions 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, tech-
nology, 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 Recommenda-
tions 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;
H. R. 1—83 
‘‘(D) the type of information and reports being dissemi-
nated 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 descrip-
tion 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 secu-
rity information from the Center to the Office of Intel-
ligence 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 sub-
section: 
‘‘(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 ter-
rorist 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 Preven-
tion 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
H. R. 1—84 
implementation of the Secretary’s responsibilities with respect to 
terrorist travel. 
‘‘(b) HEAD OF THE PROGRAM.—The Secretary of Homeland Secu-
rity 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 Depart-
ment’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 intel-
ligence 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:
H. R. 1—85 
‘‘(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 States 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 initi-
ation of the pilot program described in subparagraph 
(B)(viii), the Secretary of Homeland Security and the Sec-
retary of State shall submit to the appropriate congres-
sional 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 consider-
ations 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 Initia-
tive, authorized under such section 7209; and 
(2) the Secretary of State shall develop proposals for 
reducing the execution fee charged for the passport card, pro-
posed 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 secu-
rity; and
H. R. 1—86 
(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 lan-
guages as the Secretary determines appropriate, in the Federal 
Inspection Services area that explain the United States inspec-
tion 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 appropria-
tions, 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 inter-
national airports that have the highest number of foreign visitors 
arriving 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.
H. R. 1—87 
TITLE VIII—PRIVACY AND CIVIL 
LIBERTIES 
SEC. 801. 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 (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 as an independent 
agency within the executive branch a Privacy and Civil Liberties 
Oversight Board (referred to in this section as the ‘Board’). 
‘‘(b) FINDINGS.—Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress 
makes the following findings: 
‘‘(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 Government uses its powers for the purposes 
for which the powers were given. 
‘‘(3) The National Commission on Terrorist Attacks Upon 
the United States correctly concluded that ‘The choice between 
security and liberty is a false choice, as nothing is more likely 
to endanger America’s liberties than the success of a terrorist 
attack at home. Our history has shown us that insecurity 
threatens liberty. Yet, if our liberties are curtailed, we lose 
the values that we are struggling to defend.’. 
‘‘(c) PURPOSE.—The Board shall— 
‘‘(1) analyze and review actions the executive branch takes 
to protect the Nation from terrorism, ensuring that the need 
for such actions is balanced with the need to protect privacy 
and civil liberties; and 
‘‘(2) ensure that liberty concerns are appropriately consid-
ered in the development and implementation of laws, regula-
tions, and policies related to efforts to protect the Nation 
against terrorism. 
‘‘(d) FUNCTIONS.— 
‘‘(1) ADVICE AND COUNSEL ON POLICY DEVELOPMENT AND 
IMPLEMENTATION.—The Board shall— 
‘‘(A) review proposed legislation, regulations, and poli-
cies related to efforts to protect the Nation from terrorism, 
including the development and adoption of information 
sharing guidelines under subsections (d) and (f) of section 
1016; 
‘‘(B) review the implementation of new and existing 
legislation, regulations, and policies related to efforts to 
protect 
the 
Nation 
from 
terrorism, 
including 
the 
implementation of information sharing guidelines under 
subsections (d) and (f) of section 1016; 
‘‘(C) advise the President and the departments, agen-
cies, and elements of the executive branch to ensure that 
privacy and civil liberties are appropriately considered in
H. R. 1—88 
the development and implementation of such legislation, 
regulations, 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 execu-
tive branch has established— 
‘‘(i) that the need for the power is balanced with 
the need to protect privacy and civil liberties; 
‘‘(ii) that there is adequate supervision of the use 
by the executive branch of the power to ensure protec-
tion of privacy and civil liberties; and 
‘‘(iii) that there are adequate guidelines and over-
sight to properly confine its use. 
‘‘(2) OVERSIGHT.—The Board shall continually review— 
‘‘(A) the regulations, policies, and procedures, and the 
implementation of the regulations, policies, and procedures, 
of the departments, agencies, and elements of the executive 
branch relating to efforts to protect the Nation from ter-
rorism to ensure that privacy and civil liberties are pro-
tected; 
‘‘(B) the information sharing practices of the depart-
ments, agencies, and elements of the executive branch 
relating to efforts to protect the Nation from terrorism 
to determine whether they appropriately 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, regulations, 
and policies regarding privacy and civil liberties; and 
‘‘(C) other actions by the executive branch relating 
to efforts to protect the Nation from terrorism to determine 
whether such actions— 
‘‘(i) appropriately protect privacy and civil liberties; 
and 
‘‘(ii) are consistent with governing laws, regula-
tions, and policies regarding privacy and civil liberties. 
‘‘(3) RELATIONSHIP WITH PRIVACY AND CIVIL LIBERTIES OFFI-
CERS.—The Board shall— 
‘‘(A) receive and review reports and other information 
from privacy officers and civil liberties officers under sec-
tion 1062; 
‘‘(B) when appropriate, make recommendations to such 
privacy officers and civil liberties officers regarding their 
activities; and 
‘‘(C) when appropriate, coordinate the activities of such 
privacy officers and civil liberties officers on relevant inter-
agency matters. 
‘‘(4) TESTIMONY.—The members of the Board shall appear 
and testify before Congress upon request. 
‘‘(e) REPORTS.— 
‘‘(1) IN GENERAL.—The Board shall— 
‘‘(A) receive and review reports from privacy officers 
and civil liberties officers under section 1062; and 
‘‘(B) periodically submit, not less than semiannually, 
reports— 
‘‘(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
H. R. 1—89 
of Representatives, the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate, the Com-
mittee on Homeland Security of the House of Rep-
resentatives, the Committee on Oversight and Govern-
ment Reform of the House of Representatives, the 
Select Committee on Intelligence of the Senate, and 
the Permanent Select Committee on Intelligence of 
the House of Representatives; 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 submitted 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, conclusions, and rec-
ommendations of the Board resulting from its advice and 
oversight functions under subsection (d); 
‘‘(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 sub-
section (d)(1) that— 
‘‘(i) the Board advised against implementation; and 
‘‘(ii) notwithstanding such advice, actions 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 denied 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 information 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 information and applicable 
law. 
‘‘(g) ACCESS TO INFORMATION.— 
‘‘(1) AUTHORIZATION.—If determined by the Board to be 
necessary to carry out its responsibilities under this section, 
the Board is authorized to— 
‘‘(A) have access from any department, agency, or ele-
ment of the executive branch, or any Federal officer or 
employee of any such department, agency, or element, to 
all relevant records, reports, audits, reviews, documents, 
papers, recommendations, or other relevant material, 
including classified information consistent with applicable 
law; 
‘‘(B) interview, take statements from, or take public 
testimony from personnel of any department, agency, or 
element of the executive branch, or any Federal officer 
or employee of any such department, agency, or element; 
‘‘(C) request information or assistance from any State, 
tribal, or local government; and
H. R. 1—90 
‘‘(D) at the direction of a majority of the members 
of the Board, submit a written request to the Attorney 
General of the United States that the Attorney General 
require, by subpoena, persons (other than departments, 
agencies, and elements of the executive branch) to produce 
any relevant information, documents, reports, answers, 
records, accounts, papers, and other documentary or testi-
monial evidence. 
‘‘(2) REVIEW OF SUBPOENA REQUEST.— 
‘‘(A) IN GENERAL.—Not later than 30 days after the 
date of receipt of a request by the Board under paragraph 
(1)(D), the Attorney General shall— 
‘‘(i) issue the subpoena as requested; or 
‘‘(ii) provide the Board, in writing, with an expla-
nation of the grounds on which the subpoena request 
has been modified or denied. 
‘‘(B) NOTIFICATION.—If a subpoena request is modified 
or denied under subparagraph (A)(ii), the Attorney General 
shall, not later than 30 days after the date of that modifica-
tion or denial, notify the Committee on the Judiciary of 
the Senate and the Committee on the Judiciary of the 
House of Representatives. 
‘‘(3) ENFORCEMENT OF SUBPOENA.—In the case of contumacy 
or failure to obey a subpoena issued pursuant to paragraph 
(1)(D), the United States district court for the judicial district 
in which the subpoenaed person resides, is served, or may 
be found may issue an order requiring such person to produce 
the evidence required by such subpoena. 
‘‘(4) AGENCY
COOPERATION.—Whenever information or 
assistance requested under subparagraph (A) or (B) of para-
graph (1) is, in the judgment of the Board, unreasonably refused 
or not provided, the Board shall report the circumstances to 
the head of the department, agency, or element concerned with-
out delay. The head of the department, agency, or element 
concerned shall ensure that the Board is given access to the 
information, assistance, material, or personnel the Board deter-
mines to be necessary to carry out its functions. 
‘‘(h) MEMBERSHIP.— 
‘‘(1) MEMBERS.—The Board shall be composed of a full- 
time chairman and 4 additional members, who shall be 
appointed by the President, by and with the advice and consent 
of the Senate. 
‘‘(2) QUALIFICATIONS.—Members of the Board shall be 
selected solely on the basis of their professional qualifications, 
achievements, public stature, expertise in civil liberties and 
privacy, and relevant experience, and without regard to political 
affiliation, but in no event shall more than 3 members of 
the Board be members of the same political party. The Presi-
dent shall, before appointing an individual who is not a member 
of the same political party as the President, consult with the 
leadership of that party, if any, in the Senate and House 
of Representatives. 
‘‘(3) INCOMPATIBLE OFFICE.—An individual appointed to the 
Board may not, while serving on the Board, be an elected 
official, officer, or employee of the Federal Government, other 
than in the capacity as a member of the Board.
H. R. 1—91 
‘‘(4) TERM.—Each member of the Board shall serve a term 
of 6 years, except that— 
‘‘(A) a member appointed to a term of office after 
the commencement of such term may serve under such 
appointment only for the remainder of such term; and 
‘‘(B) upon the expiration of the term of office of a 
member, the member shall continue to serve until the 
member’s successor has been appointed and qualified, 
except that no member may serve under this subpara-
graph— 
‘‘(i) for more than 60 days when Congress is in 
session unless a nomination to fill the vacancy shall 
have been submitted to the Senate; or 
‘‘(ii) after the adjournment sine die of the session 
of the Senate in which such nomination is submitted. 
‘‘(5) QUORUM AND MEETINGS.—The Board shall meet upon 
the call of the chairman or a majority of its members. Three 
members of the Board shall constitute a quorum. 
‘‘(i) COMPENSATION AND TRAVEL EXPENSES.— 
‘‘(1) COMPENSATION.— 
‘‘(A) CHAIRMAN.—The chairman of the Board shall be 
compensated at the rate of pay payable for a position 
at level III of the Executive Schedule under section 5314 
of title 5, United States Code. 
‘‘(B) MEMBERS.—Each member of the Board shall be 
compensated at a rate of pay payable for a position at 
level IV of the Executive Schedule under section 5315 
of title 5, United States Code, for each day during which 
that member is engaged in the actual performance of the 
duties of the Board. 
‘‘(2) TRAVEL EXPENSES.—Members of the Board shall be 
allowed travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for persons employed intermittently 
by the Government under section 5703(b) of title 5, United 
States Code, while away from their homes or regular places 
of business in the performance of services for the Board. 
‘‘(j) STAFF.— 
‘‘(1) APPOINTMENT AND COMPENSATION.—The chairman of 
the Board, in accordance with rules agreed upon by the Board, 
shall appoint and fix the compensation of a full-time executive 
director and such other personnel as may be necessary to 
enable the Board to carry out its functions, without regard 
to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard 
to the provisions of chapter 51 and subchapter III of chapter 
53 of such title relating to classification and General Schedule 
pay rates, except that no rate of pay fixed under this subsection 
may exceed the equivalent of that payable for a position at 
level V of the Executive Schedule under section 5316 of title 
5, United States Code. 
‘‘(2) DETAILEES.—Any Federal employee may be detailed 
to the Board without reimbursement from the Board, and such 
detailee shall retain the rights, status, and privileges of the 
detailee’s regular employment without interruption. 
‘‘(3) CONSULTANT SERVICES.—The Board may procure the 
temporary or intermittent services of experts and consultants 
in accordance with section 3109 of title 5, United States Code,
H. R. 1—92 
at rates that do not exceed the daily rate paid a person occu-
pying a position at level IV of the Executive Schedule under 
section 5315 of such title. 
‘‘(k) SECURITY CLEARANCES.— 
‘‘(1) IN GENERAL.—The appropriate departments, agencies, 
and elements of the executive branch shall cooperate with 
the Board to expeditiously provide the Board members and 
staff with appropriate security clearances to the extent possible 
under existing procedures and requirements. 
‘‘(2) RULES AND PROCEDURES.—After consultation with the 
Secretary of Defense, the Attorney General, and the Director 
of National Intelligence, the Board shall adopt rules and proce-
dures of the Board for physical, communications, computer, 
document, personnel, and other security relating to carrying 
out the functions of the Board. 
‘‘(l) TREATMENT AS AGENCY, NOT AS ADVISORY COMMITTEE.— 
The Board— 
‘‘(1) is an agency (as defined in section 551(1) of title 
5, United States Code); and 
‘‘(2) is not an advisory committee (as defined in section 
3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)). 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this section amounts as follows: 
‘‘(1) For fiscal year 2008, $5,000,000. 
‘‘(2) For fiscal year 2009, $6,650,000. 
‘‘(3) For fiscal year 2010, $8,300,000. 
‘‘(4) For fiscal year 2011, $10,000,000. 
‘‘(5) For fiscal year 2012 and each subsequent fiscal year, 
such sums as may be necessary.’’. 
(b) SECURITY RULES AND PROCEDURES.—The Privacy and Civil 
Liberties Oversight Board shall promptly adopt the security rules 
and procedures required under section 1061(k)(2) of the National 
Security Intelligence Reform Act of 2004 (as added by subsection 
(a) of this section). 
(c) TRANSITION PROVISIONS.— 
(1) TREATMENT OF INCUMBENT MEMBERS OF THE PRIVACY 
AND CIVIL LIBERTIES OVERSIGHT BOARD.— 
(A) CONTINUATION OF SERVICE.—Any individual who 
is a member of the Privacy and Civil Liberties Oversight 
Board on the date of enactment of this Act may continue 
to serve on the Board until 180 days after the date of 
enactment of this Act. 
(B) TERMINATION OF TERMS.—The term of any indi-
vidual who is a member of the Privacy and Civil Liberties 
Oversight Board on the date of enactment of this Act 
shall terminate 180 days after the date of enactment of 
this Act. 
(2) APPOINTMENTS.— 
(A) IN GENERAL.—The President and the Senate shall 
take such actions as necessary for the President, by and 
with the advice and consent of the Senate, to appoint 
members to the Privacy and Civil Liberties Oversight Board 
as constituted under the amendments made by subsection 
(a) in a timely manner to provide for the continuing oper-
ation of the Board and orderly implementation of this sec-
tion.
H. R. 1—93 
(B) DESIGNATIONS.—In making the appointments 
described under subparagraph (A) of the first members 
of the Privacy and Civil Liberties Oversight Board as con-
stituted under the amendments made by subsection (a), 
the President shall provide for the members to serve terms 
of 2, 3, 4, 5, and 6 years beginning on the effective date 
described under subsection (d)(1), with the term of each 
such member to be designated by the President. 
(d) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendments made by subsection 
(a) and subsection (b) shall take effect 180 days after the 
date of enactment of this Act. 
(2) TRANSITION PROVISIONS.—Subsection (c) shall take effect 
on the date of enactment of this Act. 
SEC. 802. DEPARTMENT PRIVACY OFFICER. 
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 
142) is amended— 
(1) by inserting ‘‘(a) APPOINTMENT AND RESPONSIBILITIES.— 
’’ before ‘‘The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(b) AUTHORITY TO INVESTIGATE.— 
‘‘(1) IN GENERAL.—The senior official appointed under sub-
section (a) may— 
‘‘(A) have access to all records, reports, audits, reviews, 
documents, papers, recommendations, and other materials 
available to the Department that relate to programs and 
operations with respect to the responsibilities of the senior 
official under this section; 
‘‘(B) make such investigations and reports relating to 
the administration of the programs and operations of the 
Department as are, in the senior official’s judgment, nec-
essary or desirable; 
‘‘(C) subject to the approval of the Secretary, require 
by subpoena the production, by any person other than 
a Federal agency, of all information, documents, reports, 
answers, records, accounts, papers, and other data and 
documentary evidence necessary to performance of the 
responsibilities of the senior official under this section; 
and 
‘‘(D) administer to or take from any person an oath, 
affirmation, or affidavit, whenever necessary to perform-
ance of the responsibilities of the senior official under this 
section. 
‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any subpoena issued 
under paragraph (1)(C) shall, in the case of contumacy or 
refusal to obey, be enforceable by order of any appropriate 
United States district court. 
‘‘(3) EFFECT OF OATHS.—Any oath, affirmation, or affidavit 
administered or taken under paragraph (1)(D) by or before 
an employee of the Privacy Office designated for that purpose 
by the senior official appointed under subsection (a) shall have 
the same force and effect as if administered or taken by or 
before an officer having a seal of office. 
‘‘(c) SUPERVISION AND COORDINATION.— 
‘‘(1) IN GENERAL.—The senior official appointed under sub-
section (a) shall—
H. R. 1—94 
‘‘(A) report to, and be under the general supervision 
of, the Secretary; and 
‘‘(B) coordinate activities with the Inspector General 
of the Department in order to avoid duplication of effort. 
‘‘(2) COORDINATION WITH THE INSPECTOR GENERAL.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the senior official appointed under subsection (a) may 
investigate any matter relating to possible violations or 
abuse concerning the administration of any program or 
operation of the Department relevant to the purposes under 
this section. 
‘‘(B) COORDINATION.— 
‘‘(i) REFERRAL.—Before initiating any investigation 
described under subparagraph (A), the senior official 
shall refer the matter and all related complaints, 
allegations, and information to the Inspector General 
of the Department. 
‘‘(ii) DETERMINATIONS AND NOTIFICATIONS BY THE 
INSPECTOR GENERAL.— 
‘‘(I) IN GENERAL.—Not later than 30 days after 
the receipt of a matter referred under clause (i), 
the Inspector General shall— 
‘‘(aa) make a determination regarding 
whether the Inspector General intends to ini-
tiate an audit or investigation of the matter 
referred under clause (i); and 
‘‘(bb) notify the senior official of that deter-
mination. 
‘‘(II) INVESTIGATION
NOT
INITIATED.—If the 
Inspector General notifies the senior official under 
subclause (I)(bb) that the Inspector General 
intended to initiate an audit or investigation, but 
does not initiate that audit or investigation within 
90 days after providing that notification, the 
Inspector General shall further notify the senior 
official that an audit or investigation was not initi-
ated. The further notification under this subclause 
shall be made not later than 3 days after the 
end of that 90-day period. 
‘‘(iii) INVESTIGATION
BY
SENIOR
OFFICIAL.—The 
senior official may investigate a matter referred under 
clause (i) if— 
‘‘(I) the Inspector General notifies the senior 
official under clause (ii)(I)(bb) that the Inspector 
General does not intend to initiate an audit or 
investigation relating to that matter; or 
‘‘(II) the Inspector General provides a further 
notification under clause (ii)(II) relating to that 
matter. 
‘‘(iv) PRIVACY
TRAINING.—Any employee of the 
Office of Inspector General who audits or investigates 
any matter referred under clause (i) shall be required 
to receive adequate training on privacy laws, rules, 
and regulations, to be provided by an entity approved 
by the Inspector General in consultation with the 
senior official appointed under subsection (a).
H. R. 1—95 
‘‘(d) NOTIFICATION TO CONGRESS ON REMOVAL.—If the Secretary 
removes the senior official appointed under subsection (a) or trans-
fers that senior official to another position or location within the 
Department, the Secretary shall— 
‘‘(1) promptly submit a written notification of the removal 
or transfer to Houses of Congress; and 
‘‘(2) include in any such notification the reasons for the 
removal or transfer. 
‘‘(e) REPORTS BY SENIOR OFFICIAL TO CONGRESS.—The senior 
official appointed under subsection (a) shall— 
‘‘(1) submit reports directly to the Congress regarding 
performance of the responsibilities of the senior official under 
this section, without any prior comment or amendment by 
the Secretary, Deputy Secretary, or any other officer or 
employee of the Department or the Office of Management and 
Budget; and 
‘‘(2) inform the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives not later 
than— 
‘‘(A) 30 days after the Secretary disapproves the senior 
official’s request for a subpoena under subsection (b)(1)(C) 
or the Secretary substantively modifies the requested sub-
poena; or 
‘‘(B) 45 days after the senior official’s request for a 
subpoena under subsection (b)(1)(C), if that subpoena has 
not either been approved or disapproved by the Secretary.’’. 
SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS. 
(a) IN GENERAL.—Section 1062 of the National Security Intel-
ligence Reform Act of 2004 (title I of Public Law 108–458; 118 
Stat. 3688) is amended to read as follows: 
‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS. 
‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney General, the 
Secretary of Defense, the Secretary of State, the Secretary of the 
Treasury, the Secretary of Health and Human Services, the Sec-
retary of Homeland Security, the Director of National Intelligence, 
the Director of the Central Intelligence Agency, and the head of 
any other department, agency, or element of the executive branch 
designated by the Privacy and Civil Liberties Oversight Board 
under section 1061 to be appropriate for coverage under this section 
shall designate not less than 1 senior officer to serve as the principal 
advisor to— 
‘‘(1) assist the head of such department, agency, or element 
and other officials of such department, agency, or element 
in appropriately considering privacy and civil liberties concerns 
when such officials are proposing, developing, or implementing 
laws, regulations, policies, procedures, or guidelines related 
to efforts to protect the Nation against terrorism; 
‘‘(2) periodically investigate and review department, agency, 
or element actions, policies, procedures, guidelines, and related 
laws and their implementation to ensure that such department, 
agency, or element is adequately considering privacy and civil 
liberties in its actions; 
‘‘(3) ensure that such department, agency, or element has 
adequate procedures to receive, investigate, respond to, and
H. R. 1—96 
redress complaints from individuals who allege such depart-
ment, agency, or element has violated their privacy or civil 
liberties; and 
‘‘(4) in providing advice on proposals to retain or enhance 
a particular governmental power the officer shall consider 
whether such department, agency, or element has established— 
‘‘(A) that the need for the power is balanced with 
the need to protect privacy and civil liberties; 
‘‘(B) that there is adequate supervision of the use by 
such department, agency, or element of the power to ensure 
protection of privacy and civil liberties; and 
‘‘(C) that there are adequate guidelines and oversight 
to properly confine its use. 
‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.— 
‘‘(1) PRIVACY
OFFICERS.—In any department, agency, or 
element referred to in subsection (a) or designated by the 
Privacy and Civil Liberties Oversight Board, which has a statu-
torily created privacy officer, such officer shall perform the 
functions specified in subsection (a) with respect to privacy. 
‘‘(2) CIVIL LIBERTIES OFFICERS.—In any department, agency, 
or element referred to in subsection (a) or designated by the 
Board, which has a statutorily created civil liberties officer, 
such officer shall perform the functions specified in subsection 
(a) with respect to civil liberties. 
‘‘(c) SUPERVISION AND COORDINATION.—Each privacy officer or 
civil liberties officer described in subsection (a) or (b) shall— 
‘‘(1) report directly to the head of the department, agency, 
or element concerned; and 
‘‘(2) coordinate their activities with the Inspector General 
of such department, agency, or element to avoid duplication 
of effort. 
‘‘(d) AGENCY COOPERATION.—The head of each department, 
agency, or element shall ensure that each privacy officer and civil 
liberties officer— 
‘‘(1) has the information, material, and resources necessary 
to fulfill the functions of such officer; 
‘‘(2) is advised of proposed policy changes; 
‘‘(3) is consulted by decision makers; and 
‘‘(4) is given access to material and personnel the officer 
determines to be necessary to carry out the functions of such 
officer. 
‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No action constituting 
a reprisal, or threat of reprisal, for making a complaint or for 
disclosing information to a privacy officer or civil liberties officer 
described in subsection (a) or (b), or to the Privacy and Civil 
Liberties Oversight Board, that indicates a possible violation of 
privacy protections or civil liberties in the administration of the 
programs and operations of the Federal Government relating to 
efforts to protect the Nation from terrorism shall be taken by 
any Federal employee in a position to take such action, unless 
the complaint was made or the information was disclosed with 
the knowledge that it was false or with willful disregard for its 
truth or falsity. 
‘‘(f) PERIODIC REPORTS.— 
‘‘(1) IN GENERAL.—The privacy officers and civil liberties 
officers of each department, agency, or element referred to 
or described in subsection (a) or (b) shall periodically, but
H. R. 1—97 
not less than quarterly, submit a report on the activities of 
such officers— 
‘‘(A)(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 Govern-
mental Affairs of the Senate, the Committee on Oversight 
and Government Reform of the House of Representatives, 
the Select Committee on Intelligence of the Senate, and 
the Permanent Select Committee on Intelligence of the 
House of Representatives; 
‘‘(ii) to the head of such department, agency, or ele-
ment; and 
‘‘(iii) to the Privacy and Civil Liberties Oversight 
Board; and 
‘‘(B) which shall be in unclassified form to the greatest 
extent possible, with a classified annex where necessary. 
‘‘(2) CONTENTS.—Each report submitted under paragraph 
(1) shall include information on the discharge of each of the 
functions of the officer concerned, including— 
‘‘(A) information on the number and types of reviews 
undertaken; 
‘‘(B) the type of advice provided and the response given 
to such advice; 
‘‘(C) the number and nature of the complaints received 
by the department, agency, or element concerned for alleged 
violations; and 
‘‘(D) a summary of the disposition of such complaints, 
the reviews and inquiries conducted, and the impact of 
the activities of such officer. 
‘‘(g) INFORMING THE PUBLIC.—Each privacy officer and civil 
liberties officer shall— 
‘‘(1) make the reports of such officer, including reports 
to Congress, available to the public to the greatest extent 
that is consistent with the protection of classified information 
and applicable law; and 
‘‘(2) otherwise inform the public of the activities of such 
officer, as appropriate and in a manner consistent with the 
protection of classified information and applicable law. 
‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall be con-
strued to limit or otherwise supplant any other authorities or 
responsibilities provided by law to privacy officers or civil liberties 
officers.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (Public Law 
108–458) is amended by striking the item relating to section 1062 
and inserting the following new item: 
‘‘Sec. 1062. Privacy and civil liberties officers.’’. 
SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Federal 
Agency Data Mining Reporting Act of 2007’’. 
(b) DEFINITIONS.—In this section: 
(1) DATA MINING.—The term ‘‘data mining’’ means a pro-
gram involving pattern-based queries, searches, or other anal-
yses of 1 or more electronic databases, where—
H. R. 1—98 
(A) a department or agency of the Federal Government, 
or a non-Federal entity acting on behalf of the Federal 
Government, is conducting the queries, searches, or other 
analyses to discover or locate a predictive pattern or 
anomaly indicative of terrorist or criminal activity on the 
part of any individual or individuals; 
(B) the queries, searches, or other analyses are not 
subject-based and do not use personal identifiers of a spe-
cific individual, or inputs associated with a specific indi-
vidual or group of individuals, to retrieve information from 
the database or databases; and 
(C) the purpose of the queries, searches, or other anal-
yses is not solely— 
(i) the detection of fraud, waste, or abuse in a 
Government agency or program; or 
(ii) the security of a Government computer system. 
(2) DATABASE.—The term ‘‘database’’ does not include tele-
phone directories, news reporting, information publicly avail-
able to any member of the public without payment of a fee, 
or databases of judicial and administrative opinions or other 
legal research sources. 
(c) REPORTS ON DATA MINING ACTIVITIES BY FEDERAL AGEN-
CIES.— 
(1) REQUIREMENT FOR REPORT.—The head of each depart-
ment or agency of the Federal Government that is engaged 
in any activity to use or develop data mining shall submit 
a report to Congress on all such activities of the department 
or agency under the jurisdiction of that official. The report 
shall be produced in coordination with the privacy officer of 
that department or agency, if applicable, and shall be made 
available to the public, except for an annex described in 
subparagraph (C). 
(2) CONTENT
OF
REPORT.—Each report submitted under 
subparagraph (A) shall include, for each activity to use or 
develop data mining, the following information: 
(A) A thorough description of the data mining activity, 
its goals, and, where appropriate, the target dates for the 
deployment of the data mining activity. 
(B) A thorough description of the data mining tech-
nology that is being used or will be used, including the 
basis for determining whether a particular pattern or 
anomaly is indicative of terrorist or criminal activity. 
(C) A thorough description of the data sources that 
are being or will be used. 
(D) An assessment of the efficacy or likely efficacy 
of the data mining activity in providing accurate informa-
tion consistent with and valuable to the stated goals and 
plans for the use or development of the data mining 
activity. 
(E) An assessment of the impact or likely impact of 
the implementation of the data mining activity on the 
privacy and civil liberties of individuals, including a thor-
ough description of the actions that are being taken or 
will be taken with regard to the property, privacy, or other 
rights or privileges of any individual or individuals as 
a result of the implementation of the data mining activity.