Page:United States Statutes at Large Volume 121.djvu/2112

 PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 2091

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‘‘(ii) not later than December 31, 2008, complete construction of reinforced fencing along the miles identified under clause (i). ‘‘(C) CONSULTATION.— ‘‘(i) IN GENERAL.—In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such fencing is to be constructed. ‘‘(ii) SAVINGS PROVISION.—Nothing in this subparagraph may be construed to— ‘‘(I) create or negate any right of action for a State, local government, or other person or entity affected by this subsection; or ‘‘(II) affect the eminent domain laws of the United States or of any State. ‘‘(D) LIMITATION ON REQUIREMENTS.—Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, and sensors in a particular location along an international border of the United States, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain operational control over the international border at such location.’’; and (C) in paragraph (4), by striking ‘‘to carry out this subsection not to exceed $12,000,000’’ and inserting ‘‘such sums as may be necessary to carry out this subsection’’. (b) No funds appropriated in this Act for U.S. Customs and Border Protection ‘‘Border Security Fencing, Infrastructure, and Technology’’ may be obligated unless the Secretary of Homeland Security has complied with section 102(b)(2)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) as amended by subsection (a)(2). SEC. 565. INTERNATIONAL REGISTERED TRAVELER PROGRAM. Section 7208(k)(3) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to read as follows: ‘‘(3) INTERNATIONAL REGISTERED TRAVELER PROGRAM.— ‘‘(A) IN GENERAL.—The Secretary of Homeland Security shall establish an international registered traveler program that incorporates available technologies, such as biometrics and e-passports, and security threat assessments to expedite the screening and processing of international travelers, including United States Citizens and residents, who enter and exit the United States. The program shall be coordinated with the United States Visitor and Immigrant Status Indicator Technology program, other pre-screening initiatives, and the Visa Waiver Program. ‘‘(B) FEES.—The Secretary may impose a fee for the program established under subparagraph (A) and may modify such fee from time to time. The fee may not exceed the aggregate costs associated with the program and shall be credited to the Department of Homeland Security for

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