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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 35 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 35

    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

                              May 22, 2007

  Mr. Coleman (for himself and Ms. Collins) 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Western Hemisphere Traveler 
Improvement Act of 2007''.

SEC. 2. CERTIFICATIONS.

    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 (v)--
                            (i) by striking ``process'' and inserting 
                        ``read''; and
                            (ii) inserting ``at all ports of entry'' 
                        after ``installed'';
                    (B) in clause (vi), by striking ``and'' at the end;
                    (C) in clause (vii), by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
                            ``(viii) a pilot program in which not fewer 
                        than 1 State has been initiated and evaluated 
                        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, and issued by such State to 
                        an individual, may permit the individual to use 
                        the individual's driver's license to meet the 
                        documentation requirements under subparagraph 
                        (A) for entry into the United States from 
                        Canada at the land and sea ports of entry;
                            ``(ix) the report described in subparagraph 
                        (C) has been submitted to the appropriate 
                        congressional committees;
                            ``(x) a study has been conducted to 
                        determine the number of passports and passport 
                        cards that will be issued as a consequence of 
                        the documentation requirements under 
                        subparagraph (A); and
                            ``(xi) sufficient passport adjudication 
                        personnel have been hired or contracted--
                                    ``(I) to accommodate--
                                            ``(aa) increased demand for 
                                        passports as a consequence of 
                                        the documentation requirements 
                                        under subparagraph (A); and
                                            ``(bb) a surge in such 
                                        demand during seasonal peak 
                                        travel times; and
                                    ``(II) to ensure that the time 
                                required to issue a passport or 
                                passport card is not anticipated to 
                                exceed 8 weeks.''; and
            (2) by adding at the end the following:
                    ``(C) Report.--Not later than 180 days after the 
                initiation of the pilot program described in 
                subparagraph (B)(viii), the Secretary of Homeland 
                Security and the Secretary of State shall submit to the 
                appropriate congressional 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 scan individuals 
                        participating in the pilot program against 
                        United States terrorist watch lists;
                            ``(v) an evaluation of and recommendations 
                        for the type of machine-readable technology 
                        that should be used in enhanced driver's 
                        licenses, based on individual privacy 
                        considerations and the costs and feasibility of 
                        incorporating any new technology into existing 
                        driver's licenses;
                            ``(vi) recommendations for improving the 
                        pilot program; and
                            ``(vii) an analysis of any cost savings for 
                        a citizen of the United States participating in 
                        an enhanced driver's license program as 
                        compared with participating in an alternative 
                        program.''.

SEC. 3. SPECIAL RULE FOR MINORS.

    Section 7209(b) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by 
adding at the end the following new paragraph:
            ``(3) Special rule for minors.--Notwithstanding any other 
        provision of law, the Secretary of Homeland Security shall 
        permit an individual to enter the United States without 
        providing any evidence of citizenship if the individual--
                    ``(A)(i) is less than 16 years old;
                    ``(ii) is accompanied by the individual's legal 
                guardian;
                    ``(iii) is entering the United States from Canada 
                or Mexico;
                    ``(iv) is a citizen of the United States or Canada; 
                and
                    ``(v) provides a birth certificate; or
                    ``(B)(i) is less than 18 years old;
                    ``(ii) is traveling under adult supervision with a 
                public or private school group, religious group, social 
                or cultural organization, or team associated with a 
                youth athletics organization; and
                    ``(iii) provides a birth certificate.''.

SEC. 4. TRAVEL FACILITATION INITIATIVES.

    Section 7209 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by 
adding at the end the following new subsections:
    ``(e) State Driver's License and Identification Card Enrollment 
Program.--
            ``(1) In general.--Notwithstanding any other provision of 
        law and not later than 180 days after the submission of the 
        report described in subsection (b)(1)(C), the Secretary of 
        State and the Secretary of Homeland Security shall issue 
        regulations to establish a State Driver's License and Identity 
        Card Enrollment Program as described in this subsection 
        (hereinafter in this subsection referred to as the `Program') 
        and which allows the Secretary of Homeland Security to enter 
        into a memorandum of understanding with an appropriate official 
        of each State that elects to participate in the Program.
            ``(2) Purpose.--The purpose of the Program is to permit a 
        citizen of the United States who produces a driver's license or 
        identity card that meets the requirements of paragraph (3) or a 
        citizen of Canada who produces a document described in 
        paragraph (4) to enter the United States from Canada by land or 
        sea without providing any other documentation or evidence of 
        citizenship.
            ``(3) Admission of citizens of the united states.--A 
        driver's license or identity card meets the requirements of 
        this paragraph if--
                    ``(A) the license or card--
                            ``(i) was issued by a State that is 
                        participating in the Program; and
                            ``(ii) is tamper-proof and machine 
                        readable; and
                    ``(B) the State that issued the license or card--
                            ``(i) has a mechanism to verify the United 
                        States citizenship status of an applicant for 
                        such a license or card;
                            ``(ii) does not require an individual to 
                        include the individual's citizenship status on 
                        such a license or card; and
                            ``(iii) manages all information regarding 
                        an applicant's United States citizenship status 
                        in the same manner as such information 
                        collected through the United States passport 
                        application process and prohibits any other use 
                        or distribution of such information.
            ``(4) Admission of citizens of canada.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, if the Secretary of State and the 
                Secretary of Homeland Security determine that an 
                identity document issued by the Government of Canada or 
                by the Government of a Province or Territory of Canada 
                meets security and information requirements comparable 
                to the requirements for a driver's license or identity 
                card described in paragraph (3), the Secretary of 
                Homeland Security shall permit a citizen of Canada to 
                enter the United States from Canada using such a 
                document without providing any other documentation or 
                evidence of Canadian citizenship.
                    ``(B) Technology standards.--The Secretary of 
                Homeland Security shall work, to the maximum extent 
                possible, to ensure that an identification document 
                issued by Canada that permits entry into the United 
                States under subparagraph (A) utilizes technology 
                similar to the technology utilized by identification 
                documents issued by the United States or any State.
            ``(5) Authority to expand.--Notwithstanding any other 
        provision of law, the Secretary of State and the Secretary of 
        Homeland Security may expand the Program to permit an 
        individual to enter the United States--
                    ``(A) from a country other than Canada; or
                    ``(B) using evidence of citizenship other than a 
                driver's license or identity card described in 
                paragraph (3) or a document described in paragraph (4).
            ``(6) Relationship to other requirements.--Nothing in this 
        subsection shall have the effect of creating a national 
        identity card or a certification of citizenship for any purpose 
        other than admission into the United States as described in 
        this subsection.
            ``(7) State defined.--In this subsection, the term `State' 
        means any of the several States of the United States, the 
        Commonwealth of the Northern Mariana Islands, the Commonwealth 
        of Puerto Rico, the District of Columbia, Guam, the Virgin 
        Islands of the United States, or any other territory or 
        possession of the United States.
    ``(f) Waiver for Intrastate Travel.--The Secretary of Homeland 
Security shall accept a birth certificate as proof of citizenship for 
any United States citizen who is traveling directly from one part of a 
State to a noncontiguous part of that State through Canada, if such 
citizen cannot travel by land to such part of the State without 
traveling through Canada, and such travel in Canada is limited to no 
more than 2 hours.
    ``(g) Waiver of Pass Card and Passport Execution Fees.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, during the 2-year period beginning on the date on which 
        the Secretary of Homeland Security publishes a final rule in 
        the Federal Register to carry out subsection (b), the Secretary 
        of State shall--
                    ``(A) designate 1 facility in each city or port of 
                entry designated under paragraph (2), including a State 
                Department of Motor Vehicles facility located in such 
                city or port of entry if the Secretary determines 
                appropriate, in which a passport or passport card may 
                be procured without an execution fee during such 
                period; and
                    ``(B) develop not fewer than 6 mobile enrollment 
                teams that--
                            ``(i) are able to issue passports or other 
                        identity documents issued by the Secretary of 
                        State without an execution fee during such 
                        period;
                            ``(ii) are operated along the northern and 
                        southern borders of the United States; and
                            ``(iii) focus on providing passports and 
                        other such documents to citizens of the United 
                        States who live in areas of the United States 
                        that are near such an international border and 
                        that have relatively low population density.
            ``(2) Designation of cities and ports of entry.--The 
        Secretary of State shall designate cities and ports of entry 
        for purposes of paragraph (1)(A) as follows:
                    ``(A) The Secretary shall designate not fewer than 
                3 cities or ports of entry that are 100 miles or less 
                from the northern border of the United States.
                    ``(B) The Secretary shall designate not fewer than 
                3 cities or ports of entry that are 100 miles or less 
                from the southern border of the United States.
    ``(h) Cost-Benefit Analysis.--Prior to publishing a final rule in 
the Federal Register to carry out subsection (b), the Secretary of 
Homeland Security shall conduct a complete cost-benefit analysis of 
carrying out this section. Such analysis shall include analysis of--
            ``(1) any potential costs of carrying out this section on 
        trade, travel, and the tourism industry; and
            ``(2) any potential savings that would result from the 
        implementation of the State Driver's License and Identity Card 
        Enrollment Program established under subsection (e) as an 
        alternative to passports and passport cards.
    ``(i) Report.--During the 2-year period beginning on the date that 
is the 3 months after the date on which the Secretary of Homeland 
Security begins implementation of subsection (b)(1)--
            ``(1) the Secretary of Homeland Security shall submit to 
        the appropriate congressional committees a report not less than 
        once every 3 months on--
                    ``(A) the average delay at border crossings; and
                    ``(B) the average processing time for a NEXUS card, 
                FAST card, or SENTRI card; and
            ``(2) the Secretary of State shall submit to the 
        appropriate congressional committees a report not less than 
        once every 3 months on the average processing time for a 
        passport or passport card.
    ``(j) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional committees' means--
            ``(1) the Committee on Appropriations, the Committee on 
        Homeland Security and Governmental Affairs, and the Committee 
        on the Judiciary of the Senate; and
            ``(2) the Committee on Appropriations, the Committee on 
        Homeland Security, and the Committee on the Judiciary of the 
        House of Representatives.''.

SEC. 5. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF THE WESTERN 
              HEMISPHERE TRAVEL INITIATIVE.

    The intent of Congress in enacting section 546 of the Department of 
Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120 
Stat. 1386) was to prevent the Secretary of Homeland Security from 
implementing the plan described in section 7209(b)(1) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 
note) before the earlier of June 1, 2009, or the date on which the 
Secretary certifies to Congress that an alternative travel document, 
known as a passport card, has been developed and widely distributed to 
eligible citizens of the United States.

SEC. 6. PASSPORT PROCESSING STAFF AUTHORITIES.

    (a) Reemployment of Civil Service Annuitants.--Section 61(a) of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) is 
amended--
            (1) in paragraph (1), by striking ``To facilitate'' and all 
        that follows through ``, the Secretary'' and inserting ``The 
        Secretary''; and
            (2) in paragraph (2), by striking ``2008'' and inserting 
        ``2010''.
    (b) Reemployment of Foreign Service Annuitants.--Section 824(g) of 
the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) is amended--
            (1) in paragraph (1)(B), by striking ``to facilitate'' and 
        all that follows through ``Afghanistan,''; and
            (2) in paragraph (2), by striking ``2008'' and inserting 
        ``2010''.

SEC. 7. REPORT ON BORDER INFRASTRUCTURE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Secretary of Homeland Security, shall submit to the 
appropriate congressional committees a report on the adequacy of the 
infrastructure of the United States to manage cross-border travel 
associated with the NEXUS, FAST, and SENTRI programs. Such report shall 
include consideration of--
            (1) the ability of frequent travelers to access dedicated 
        lanes for such travel;
            (2) the total time required for border crossing, including 
        time spent prior to ports of entry;
            (3) the frequency, adequacy of facilities and any 
        additional delays associated with secondary inspections; and
            (4) the adequacy of readers to rapidly read identity 
        documents of such individuals.
    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Appropriations, the Committee on 
        Homeland Security and Governmental Affairs, and the Committee 
        on the Judiciary of the Senate; and
            (2) the Committee on Appropriations, the Committee on 
        Homeland Security, and the Committee on the Judiciary of the 
        House of Representatives.
                                 <all>
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