text: 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.
target: Western Hemisphere Traveler Improvement Act of 2007 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to require as part of the certifications required prior to implementation of the western hemisphere travel initiative (Initiative), that: (1) a pilot program of at least one state has been initiated and evaluated to determine if an enhanced driver's license valid only for citizenship verification for U.S. entry from Canada meets documentation requirements; (2) a study has determined the number of passports and passport cards that will be required to be issued; and (3) sufficient passport adjudication personnel have been hired.
  
  Authorizes a person under 16 years old who is a U.S. or Canadian citizen to enter the United States with a birth certificate if the person: (1) is accompanied by the individual's legal guardian; and (2) is entering the United States from Canada or Mexico.
  
  Authorizes a person under 18 years old to enter the United States with a birth certificate if the person is traveling under adult supervision with a public or private school group, religious group, social or cultural organization, or a youth sports team.
  
  Directs the Secretary of State and the Secretary of Homeland Security to establish a state driver's license and identity card enrollment program to permit a U.S. citizen with a qualifying driver's license or identity card or a Canadian citizen with a qualifying comparable document to enter the United States from Canada by land or sea without providing other citizenship documentation. Authorizes program expansion to include other countries.
  
  Directs the Secretary of Homeland Security to accept a birth certificate as proof of citizenship for any U.S. citizen who is traveling from one part of a state to a noncontiguous part of that state through Canada if: (1) the citizen cannot travel by land to such part of the state without traveling through Canada; and (2) the travel in Canada is limited to no more than two hours.
  
  Directs the Secretary of State, during the two-year period beginning on the date on which the Secretary of Homeland Security publishes a final rule in the Federal Register to carry out the Initiative, to: (1) provide one facility in each of at least six designated cites or ports of entry in which a passport or passport card may be procured without an execution fee; and (2) develop at least six mobile teams along the U.S. northern and southern borders to issue passports or other identity documents without an execution fee.
  
  Requires the Secretary of Homeland Security to do a cost-benefit analysis of the Initiative prior to publishing such final rule.
  
  States that Congress' intent in enacting section 546 of the Department of Homeland Security Appropriations Act, 2007 was to prevent the Secretary of Homeland Security from implementing the Initiative before the earlier of June 1, 2009, or the date on which the Secretary certifies to Congress that an alternative travel document (passport card) has been developed and widely distributed to eligible U.S. citizens.
  
  Amends the State Department Basic Authorities Act of 1956 to extend passport processing authorities for civil service and foreign service annuitants.
feat_title: A bill to amend section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 and for other purposes.