[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 28 Introduced in Senate (IS)]








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.

    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 ``Northern Border Travel Facilitation 
Act''.

SEC. 2. STATE DRIVER'S LICENSE AND IDENTIFICATION ENROLLMENT PROGRAM.

    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 subsection:
    ``(e) State Driver's License and Identification Card Enrollment 
Program.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of State and the Secretary of Homeland 
        Security shall 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 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 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 subparagraph if--
                    ``(A) the license or card--
                            ``(i) was issued by a State that is 
                        participating in the Program;
                            ``(ii) meets the requirements of section 
                        202 of the REAL ID Act of 2005 (division B of 
                        Public Law 109-13; 49 U.S.C. 30301 note); and
                            ``(iii) includes the United States 
                        citizenship status of the individual to whom 
                        the license or card was issued; and
                    ``(B) the State that issued the license or card--
                            ``(i) has a mechanism that is approved by 
                        the Secretary of State 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) Admission of children.--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--
                    ``(A) the individual--
                            ``(i) is less than 16 years old;
                            ``(ii) is accompanied by the individual's 
                        legal guardian; and
                            ``(iii) is entering the United States from 
                        Canada or another country if the Secretary 
                        permits an individual to enter the United 
                        States from that country under the Program 
                        pursuant to paragraph (6)(A); and
                    ``(B) such legal guardian provides a driver's 
                license or identity card described in paragraph (3), a 
                document described in paragraph (4), or other evidence 
                of citizenship if the Secretary permits an individual 
                to enter the United States using such evidence under 
                the Program pursuant to paragraph (6)(B).
            ``(6) 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).
            ``(7) 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.
            ``(8) 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.
            ``(9) Schedule for implementation.--
                    ``(A) In general.--The Secretary of Homeland 
                Security and the Secretary of State shall implement the 
                Program not later than December 31, 2009.
                    ``(B) Admission prior to implementation.--During 
                the time period beginning on the date of the enactment 
                of the Northern Border Travel Facilitation Act and 
                ending on the date that the Program is implemented, the 
                Secretary of Homeland Security shall permit an 
                individual who is a citizen of the United States or 
                Canada to enter the United States from Canada if that 
                individual can demonstrate United States or Canadian 
                citizenship to the satisfaction of the Secretary. Birth 
                certificates issued by a State, or by the Government of 
                Canada or by the Government of a Province or Territory 
                of Canada, or a citizenship certificate or card issued 
                by the Government of Canada shall be deemed to be a 
                satisfactory demonstration of citizenship under this 
                subparagraph.''.
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