[Congressional Record Volume 153, Number 84 (Tuesday, May 22, 2007)]
[Senate]
[Pages S6471-S6472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COLEMAN (for himself and Ms. Collins):
  S. 35. A bill to amend section 7209 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 and for other purposes; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 35

       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

[[Page S6472]]

     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.
                                 ______