II 

109TH CONGRESS 

2D SESSION S. 28 

To amend section 7209 of the Intelligence Reform and Terrorism Prevention 

Act of 2004 and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2006 

Mr. COLEMAN introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend section 7209 of the Intelligence Reform and 

Terrorism Prevention Act of 2004 and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Northern Border Trav5 el Facilitation Act’’. 

6 SEC. 2. STATE DRIVER’S LICENSE AND IDENTIFICATION EN7 ROLLMENT PROGRAM. 

8 Section 7209 of the Intelligence Reform and Ter9 rorism Prevention Act of 2004 (Public Law 108–458; 8 


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1 U.S.C. 1185 note) is amended by adding at the end the 

2 following new subsection: 

3 ‘‘(e) STATE DRIVER’S LICENSE AND IDENTIFICATION

4 CARD ENROLLMENT PROGRAM.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding any other 

6 provision of law, the Secretary of State and the Sec7 retary of Homeland Security shall establish a State 

8 Driver’s License and Identity Card Enrollment Pro9 gram as described in this subsection (hereinafter in 

10 this subsection referred to as the ‘Program’) and 

11 enter into a memorandum of understanding with an 

12 appropriate official of each State that elects to par13 ticipate in the Program. 

14 ‘‘(2) PURPOSE.—The purpose of the Program 

15 is to permit a citizen of the United States who pro16 duces a driver’s license or identity card that meets 

17 the requirements of paragraph (3) or a citizen of 

18 Canada who produces a document described in para19 graph (4) to enter the United States from Canada 

20 without providing any other documentation or evi21 dence of citizenship. 

22 ‘‘(3) ADMISSION OF CITIZENS OF THE UNITED

23 STATES.—A driver’s license or identity card meets 

24 the requirements of this subparagraph if— 

25 ‘‘(A) the license or card— 


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1 ‘‘(i) was issued by a State that is par2 ticipating in the Program; 

3 ‘‘(ii) meets the requirements of sec4 tion 202 of the REAL ID Act of 2005 (di5 vision B of Public Law 109–13; 49 U.S.C. 

6 30301 note); and 

7 ‘‘(iii) includes the United States citi8 zenship status of the individual to whom 

9 the license or card was issued; and 

10 ‘‘(B) the State that issued the license or 

11 card— 

12 ‘‘(i) has a mechanism that is approved 

13 by the Secretary of State to verify the 

14 United States citizenship status of an ap15 plicant for such a license or card; 

16 ‘‘(ii) does not require an individual to 

17 include the individual’s citizenship status 

18 on such a license or card; and 

19 ‘‘(iii) manages all information regard20 ing an applicant’s United States citizen21 ship status in the same manner as such in22 formation collected through the United 

23 States passport application process and 

24 prohibits any other use or distribution of 

25 such information. 


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1 ‘‘(4) ADMISSION OF CITIZENS OF CANADA.— 

2 ‘‘(A) IN GENERAL.—Notwithstanding any 

3 other provision of law, if the Secretary of State 

4 and the Secretary of Homeland Security deter5 mine that an identity document issued by the 

6 Government of Canada or by the Government 

7 of a Province or Territory of Canada meets se8 curity and information requirements com9 parable to the requirements for a driver’s li10 cense or identity card described in paragraph 

11 (3), the Secretary of Homeland Security shall 

12 permit a citizen of Canada to enter the United 

13 States from Canada using such a document 

14 without providing any other documentation or 

15 evidence of Canadian citizenship. 

16 ‘‘(B) TECHNOLOGY STANDARDS.—The 

17 Secretary of Homeland Security shall work, to 

18 the maximum extent possible, to ensure that an 

19 identification document issued by Canada that 

20 permits entry into the United States under sub21 paragraph (A) utilizes technology similar to the 

22 technology utilized by identification documents 

23 issued by the United States or any State. 

24 ‘‘(5) ADMISSION OF CHILDREN.—Notwith25 standing any other provision of law, the Secretary of 


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1 Homeland Security shall permit an individual to 

2 enter the United States without providing any evi3 dence of citizenship if— 

4 ‘‘(A) the individual— 

5 ‘‘(i) is less than 16 years old; 

6 ‘‘(ii) is accompanied by the individ7 ual’s legal guardian; and 

8 ‘‘(iii) is entering the United States 

9 from Canada or another country if the 

10 Secretary permits an individual to enter 

11 the United States from that country under 

12 the Program pursuant to paragraph 

13 (6)(A); and 

14 ‘‘(B) such legal guardian provides a driv15 er’s license or identity card described in para16 graph (3), a document described in paragraph 

17 (4), or other evidence of citizenship if the Sec18 retary permits an individual to enter the United 

19 States using such evidence under the Program 

20 pursuant to paragraph (6)(B). 

21 ‘‘(6) AUTHORITY TO EXPAND.—Notwith22 standing any other provision of law, the Secretary of 

23 State and the Secretary of Homeland Security may 

24 expand the Program to permit an individual to enter 

25 the United States— 


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1 ‘‘(A) from a country other than Canada; or 

2 ‘‘(B) using evidence of citizenship other 

3 than a driver’s license or identity card described 

4 in paragraph (3) or a document described in 

5 paragraph (4). 

6 ‘‘(7) RELATIONSHIP TO OTHER REQUIRE7 MENTS.—Nothing in this subsection shall have the 

8 effect of creating a national identity card or a cer9 tification of citizenship for any purpose other than 

10 admission into the United States as described in this 

11 subsection. 

12 ‘‘(8) STATE DEFINED.—In this subsection, the 

13 term ‘State’ means any of the several States of the 

14 United States, the Commonwealth of the Northern 

15 Mariana Islands, the Commonwealth of Puerto Rico, 

16 the District of Columbia, Guam, the Virgin Islands 

17 of the United States, or any other territory or pos18 session of the United States. 

19 ‘‘(9) SCHEDULE FOR IMPLEMENTATION.— 

20 ‘‘(A) IN GENERAL.—The Secretary of 

21 Homeland Security and the Secretary of State 

22 shall implement the Program not later than De23 cember 31, 2009. 

24 ‘‘(B) ADMISSION PRIOR TO IMPLEMENTA25 TION.—During the time period beginning on 


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1 the date of the enactment of the Northern Bor2 der Travel Facilitation Act and ending on the 

3 date that the Program is implemented, the Sec4 retary of Homeland Security shall permit an in5 dividual who is a citizen of the United States 

6 or Canada to enter the United States from 

7 Canada if that individual can demonstrate 

8 United States or Canadian citizenship to the 

9 satisfaction of the Secretary. Birth certificates 

10 issued by a State, or by the Government of 

11 Canada or by the Government of a Province or 

12 Territory of Canada, or a citizenship certificate 

13 or card issued by the Government of Canada 

14 shall be deemed to be a satisfactory demonstra15 tion of citizenship under this subparagraph.’’. 

Æ 


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