[DOCID: f:sr109.110]
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Calendar No. 239
110th Congress Report
SENATE
1st Session 110-109
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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
R E P O R T
[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.
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 Foreign 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 (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 circumstances[; 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 employee[.] ; 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.
[(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.
* * * * * * *
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