59–010

Calendar No. 239

110TH CONGRESS REPORT

1st Session " ! SENATE 110–109

DEPARTMENT OF STATE CRISIS RESPONSE ACT OF 2007

JUNE 27, 2007.—Ordered to be printed

Mr. BIDEN, from the Committee on Foreign Relations,

submitted the following

REPORT

[To accompany S. 966]

The Committee on Foreign Relations, having had under consideration the bill S. 966, to enable the Department of State to respond

to a critical shortage of passport processing personnel, and for

other purposes, reports favorably thereon and recommends that the

bill do pass.

CONTENTS

Page

I. Purpose ........................................................................................................... 1

II. Legislative History and Committee Action .................................................. 1

III. Discussion ....................................................................................................... 2

IV. Cost Estimate ................................................................................................. 3

V. Evaluation of Regulatory Impact .................................................................. 3

VI. Changes in Existing Law .............................................................................. 3

I. PURPOSE

This legislation is designed to facilitate the hiring of Foreign

Service retirees to assist in processing of passport and visa applications.

II. LEGISLATIVE HISTORY AND COMMITTEE ACTION

S. 966 was introduced by Senator Schumer on March 22, 2007.

It is cosponsored by Senators Coleman, Hagel and Biden. On June

19, 2007, the Subcommittee on International Operations and Organizations, Democracy and Human Rights, chaired by Senator Nelson, conducted a hearing on the backlog of passport applications at

the Department of State, and the Department’s response to the

Western Hemisphere Travel Initiative. On June 27, 2007, the committee ordered the bill reported favorably by voice vote, after approving a substitute amendment proposed by Senator Biden.

2

III. DISCUSSION

In the Intelligence Reform and Terrorism Prevention Act of 2004

(Sec. 7209 of P.L. 108–458) (which implemented certain recommendations of the 9/11 Commission), Congress enacted what is

known as the Western Hemisphere Travel Initiative (WHTI). That

provision requires the Secretary of Homeland Security, in consultation with the Secretary of State, to develop and implement a plan

to require a passport or other document for all travel into the

United States by United States citizens. Prior to the enactment of

the law, citizens returning from certain countries in the Western

Hemisphere were, of course, required to prove citizenship, but they

did not need to show a passport to do that.

The first phase of this passport requirement was implemented

earlier this year. As of January 23, 2007, all citizens entering the

United States by air from any part of the Western Hemisphere

were required to have a passport. The second phase of this passport requirement—which will apply to the land and sea borders—

could begin as early as January 2008, but must be implemented no

later than June 1, 2009. Earlier this month, however, the House

of Representatives and the Senate Committee on Appropriations

both voted to delay implementation of the second phase; under that

legislation, it would commence no sooner than June 1, 2009.

The law has spurred a record demand for passports. In the first

seven months of Fiscal Year 2007, there was a 33 percent increase

in applications over the same period in Fiscal Year 2006. In the

first few months of this calendar year, there was a substantial

enormous surge of passport applications, more than the Department of State was prepared to handle. The result has been a significant delay in processing hundreds of thousands of applications.

Citizens are now waiting from 10 to 12 weeks to receive their passports, twice the normal processing time of four to six weeks. As a

result, many U.S. citizens planning foreign travel have been greatly inconvenienced, and some have had to delay or forego their travel plans, at considerable cost. The committee believes this is an unacceptable situation. Regardless of when the second phase of the

WHTI is implemented, the Department must improve its performance. The committee intends to monitor closely the Department’s

implementation of the WHTI requirements in the coming year.

S. 966 will provide an additional tool to the Department of State,

enabling it to recruit and hire Foreign Service retirees in order to

assist in the processing of passport applications, as well as with

visa applications at overseas posts with a substantial backlog of

such applications. Because many Foreign Service retirees are already trained for these functions, and have the requisite security

clearances, they can be hired and assigned to duty in a short time

period.

Indeed, many such retirees are already working for the Department. Under the Foreign Service Act of 1980, Foreign Service retirees may continue to receive their pension payments while employed

for the federal government; but they may do so only for six months

of the year, or until they reach a salary cap (which relates to a

number of factors personal to the retiree). S. 966 will permit the

Secretary of State to waive these limitations in order to permit ForVerDate 11-MAY-2000 09:12 Jun 28, 2007 Jkt 000000 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 H:\DOCS\S966.TXT sfrela2 PsN: sfrela2
3

eign Service retirees to work during the entire year without foregoing their pension payments, in two circumstances: (1) in order to

provide assistance to consular posts with a substantial backlog of

visa applications; or (2) to provide assistance to meet the passport

and travel document demand resulting from the Western Hemisphere Travel Initiative.

This authority is granted until September 30, 2010. Providing

this authority for three years will permit the Department the necessary flexibility in hiring for the continued demand for passports

that is expected under the WHTI. The termination date coincides

with the sunset of a passport fee surcharge authority—also enacted

because of the WHTI—provided to the State Department in the

Passport Services Enhancement Act of 2005 (P.L. 109–167). Congress will therefore have the opportunity to consider whether to

renew both authorities simultaneously.

IV. COST ESTIMATE

At the time of the filing of this report, the cost estimate required

by Rule XXVI, paragraph 11(a) of the Standing Rules of the Senate, had not yet been provided by the Congressional Budget Office.

The committee will publish it in the Congressional Record when it

is available.

V. EVALUATION OF REGULATORY IMPACT

Pursuant to Rule XXVI, paragraph 11(b) of the Standing Rules

of the Senate, the committee has determined that there is no regulatory impact as a result of this legislation.

VI. CHANGES IN EXISTING LAW

In compliance with Rule XXVI, paragraph 12 of the Standing

Rules of the Senate, changes in existing law made by the bill, as

reported, are shown as follows (existing law proposed to be omitted

is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman).

Foreign Service Act of 1980

* * * * * * *

TITLE I—THE FOREIGN SERVICE OF THE UNITED STATES

* * * * * * *

CHAPTER 8—FOREIGN SERVICE RETIREMENT AND DISABILITY

* * * * * * *

SEC. 824. REEMPLOYMENT.—(a) * * *

* * * * * * *

(g) WAIVER.—(1) The Secretary of State may waive the application of subsections (a) through (d) on a case-by-case basis for an annuitant reemployed on a temporary basis, or grant authority to the

head of an Executive agency to waive the application of subsections

4

(a) through (d) on a case-by-case basis for an annuitant reemployed

on a temporary basis—

(A) if, and for so long as, such waiver is necessary due to an

emergency involving a direct threat to life or property or other

unusual circumstancesø; or¿ ;

(B) to facilitate the assignment of persons to Iraq and Afghanistan or to posts vacated by members of the Service assigned to Iraq and Afghanistan, if the annuitant is employed

in a position for which there is exceptional difficulty in recruiting or retaining a qualified employeeø.¿ ; or

(C)(i) to provide assistance to consular posts with a substantial backlog of visa applications; or

(ii) to provide assistance to meet the demand resulting from

the passport and travel document requirements set forth in section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 note).

(2) The authority of the Secretary to waive the application of subsections (a) through (d) for an annuitant pursuant to subparagraph

(B) of paragraph (1), or to grant authority to the head of an Executive agency to waive the application of such subsections to an annuitant under such subparagraph, shall terminate on October 1,

2008. An annuitant reemployed pursuant to such authority prior to

such termination date may be employed for a period ending not

later than one year after such date.

(3) The authority of the Secretary to waive the application of subsections (a) through (d) for an annuitant pursuant to paragraph

(1)(C) shall terminate on September 30, 2010.

ø(3)¿ (4) The Secretary should prescribe procedures for the exercise of any authority under paragraph (1)(B), including criteria for

any exercise of authority and procedures for a delegation of authority.

* * * * * * *

Æ