[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5286 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5286

  To improve the ``NEXUS'' and ``FAST'' registered traveler programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2006

Ms. Slaughter introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
  To improve the ``NEXUS'' and ``FAST'' registered traveler programs.

    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 ``Secure Traveler Improvement Act of 
2006''.

SEC. 2. IMPROVING THE ``NEXUS'' AND ``FAST'' REGISTERED TRAVELER 
              PROGRAMS.

    (a) Findings.--The Congress finds the following:
            (1) Section 7208(k) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 required that the Secretary of 
        Homeland Security implement a registered traveler program to 
        expedite the processing of registered travelers who enter and 
        exit the United States. In order to include as many 
        participants as possible, the Congress mandated that the 
        Secretary of Homeland Security create a program that--
                    (A) minimizes the cost of enrollment;
                    (B) makes the program enrollment convenient and 
                easily accessible; and
                    (C) provides applicants with clear and consistent 
                eligibility requirements.
            (2) According to the Department of State Bureau of Consular 
        Affairs, 400,000 individuals made 48 percent of cross-border 
        trips between the United States and Canada in 2004. These are 
        the frequent travelers that must be encouraged to enroll in 
        expedited traveler programs.
            (3) Barriers to enrollment in the Free and Secure Trade 
        program (``FAST'' or ``FAST'' program) and the ``NEXUS'' 
        dedicated commuter lane system (``NEXUS'' or ``NEXUS program'') 
        include inadequate numbers and locations of enrollment centers, 
        a confusing application process, and high enrollment fees for 
        non-commercial users.
            (4) Consistent with the report of the National Commission 
        on Terrorist Attacks Upon the United States, it is imperative 
        that the Department of Homeland Security expand the NEXUS and 
        FAST programs.
    (b) Merging Requirements of NEXUS and FAST.--
            (1) In general.--The Secretary of Homeland Security shall 
        merge the procedures for the programs described in subsection 
        (l) into a single procedure, with common eligibility and 
        security screening requirements, enrollment processes, and 
        sanctions regimes.
            (2) Specific requirements.--In carrying out paragraph (1), 
        the Secretary shall ensure that--
                    (A) the procedures for the programs known as 
                ``NEXUS Highway'', ``NEXUS Marine'', and ``NEXUS Air'' 
                are integrated into such single procedure; and
                    (B) the processes relating to eligibility and 
                security screening are identical to those for the FAST 
                program described in subsection (l)(2) on the date of 
                the enactment of this Act.
    (c) Integrating NEXUS and FAST Information Systems.--The Secretary 
of Homeland Security shall integrate all databases and information 
systems for the programs described in subsection (l) in a manner that 
will permit any identification card issued to a participant to operate 
in all locations where a program described in such subsection is 
operating.
    (d) Creation of NEXUS Convertible Lanes.--In order to expand the 
NEXUS program described in subsection (l)(2) to major northern border 
crossings, the Secretary of Homeland Security, in consultation with the 
Canadian government, shall equip the following northern border 
crossings with NEXUS technology:
            (1) Pembina, North Dakota;
            (2) Sault Ste. Marie, Michigan;
            (3) Alexandria Bay, New York;
            (4) Portal, North Dakota;
            (5) Sweet Grass, Montana; and
            (6) International Falls, Minnesota.
    (e) Creation of Remote Enrollment Centers.--The Secretary of 
Homeland Security, in consultation with the Canadian government, shall 
create a minimum of 6 remote enrollment centers for the programs 
described in subsection (l). A remote enrollment center shall be 
established at each of the border crossings described in subsection 
(d).
    (f) Creation of Mobile Enrollment Centers.--The Secretary of 
Homeland Security, in consultation with the Canadian government, shall 
create a minimum of 4 mobile enrollment centers for the programs 
described in subsection (l). Such mobile enrollment centers shall be 
used to accept and process applications in areas currently underserved 
by such programs. The Secretary shall work with State and local 
authorities in determining the locations of mobile enrollment centers.
    (g) On-Line Application Process.--The Secretary of Homeland 
Security shall design an on-line application process for the programs 
described in subsection (l). Such process shall permit individuals to 
securely submit their applications on-line and schedule a security 
interview at the nearest enrollment center.
    (h) Promoting Enrollment.--
            (1) Creating incentives for enrollment.--In order to 
        encourage applications for the programs described in subsection 
        (l), the Secretary of Homeland Security shall develop a plan to 
        admit participants at a rate that does not exceed $20 per card 
        issued. The fee for the first renewal shall be waived.
            (2) Customer service phone number.--In order to provide 
        potential applicants with timely information for the programs 
        described in subsection (l), the Secretary of Homeland Security 
        shall create a customer service telephone number for such 
        programs.
            (3) Publicity campaign.--The Secretary shall carry out a 
        program to educate the public regarding the benefits of the 
        programs described in subsection (l).
    (i) Travel Document for Travel Into United States.--For purposes of 
the plan required under section 7209(b) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note), an 
identification card issued to a participant in a program described in 
subsection (l) shall be considered a document sufficient on its own 
when produced to establish identity and citizenship for travel into the 
United States by United States citizens and by categories of 
individuals for whom documentation requirements have previously been 
waived under section 212(d)(4)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(4)(B)).
    (j) Consolidated Background Check Process.--
            (1) Requirement.--The Secretary of Homeland Security, in 
        consultation with the Attorney General, shall establish a 
        single process for conducting the security screening and 
        background checks on individuals participating in any of the 
        programs identified under paragraph (2).
            (2) Included programs.--The process established under 
        paragraph (1) shall apply to the following programs:
                    (A) The Transportation Worker Identification 
                Credential.
                    (B) The security risk determination and related 
                background checks under section 5103a of title 49, 
                United States Code, performed by the Transportation 
                Security Administration as part of the Department of 
                Transportation Hazardous Materials Endorsement 
                credentialing program.
                    (C) The programs described in subsection (l).
                    (D) The Secure Electronic Network for Travelers 
                Rapid Inspection, or ``SENTRI'', program authorized 
                under section 286(q) of the Immigration and Nationality 
                Act (8 U.S.C. 1356(q)).
                    (E) The Registered Traveler program of the 
                Transportation Security Administration.
            (3) Features of process.--The process established under 
        paragraph (1) shall include the following:
                    (A) A single submission of security screening 
                information, including personal data and biometric 
                information as appropriate, necessary to meet the 
                security requirements of all applicable departmental 
                programs.
                    (B) An ability to submit such security screening 
                information at any location or through any process 
                approved by the Secretary with respect to any of the 
                applicable departmental programs.
                    (C) Acceptance by the Department of a security 
                clearance or other credential issued by a Federal 
                agency, to the extent that the security clearance 
                process of the agency satisfies requirements that are 
                at least as stringent as those of the applicable 
                departmental programs under subsection (b).
                    (D) Appropriate standards and procedures for 
                protecting individual privacy, confidentiality, record 
                retention, and addressing other concerns relating to 
                information security.
            (4) Deadlines.--The Secretary of Homeland Security shall--
                    (A) submit a description of the process developed 
                under subsection (a) to the appropriate congressional 
                committees (as defined in section 2 of the Homeland 
                Security Act of 2002 (6 U.S.C. 101)) by not later than 
                6 months after the date of the enactment of this Act; 
                and
                    (B) begin implementing such process by not later 
                than 12 months after the date of the enactment of this 
                Act.
            (5) Inclusion of other programs.--The Secretary of Homeland 
        Security shall review other existing or developing Department 
        of Homeland Security programs that include security screening 
        or background checks for participating individuals, and report 
        to the appropriate congressional committees (as defined in 
        section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) 
        any recommendations for inclusion of such additional programs 
        in the consolidated screening process established under this 
        section.
            (6) Relationship to other laws.--Nothing in this subsection 
        affects:
                    (A) any statutory or regulatory requirement 
                relating to the operation or standards of the programs 
                described in paragraph (2).
                    (B) any statutory requirement relating to title III 
                of the Intelligence Reform and Terrorism Prevention Act 
                of 2004 (50 U.S.C. 435b et seq.).
    (k) Reports.--
            (1) Report on implementation.--Not later than 1 year after 
        the date of the enactment of this Act, the Secretary of 
        Homeland Security shall submit to the appropriate congressional 
        committees (as defined in section 2 of the Homeland Security 
        Act of 2002 (6 U.S.C. 101)) a report on the implementation of 
        subsections (b) through (h) of this Act.
            (2) Report on coordination.--Not later than 6 months after 
        the date of the enactment of this Act, the Secretary of 
        Homeland Security shall submit to the appropriate congressional 
        committees (as defined in section 2 of the Homeland Security 
        Act of 2002 (6 U.S.C. 101)) a report on the work being 
        performed to streamline and coordinate the following programs:
                    (A) The programs described in subsection (l).
                    (B) The Secure Electronic Network for Travelers 
                Rapid Inspection, or ``SENTRI'', program authorized 
                under section 286(q) of the Immigration and Nationality 
                Act (8 U.S.C. 1356(q)).
                    (C) The Registered Traveler program of the 
                Transportation Security Administration.
    (l) Programs.--The programs described in this subsection are the 
following:
            (1) The FAST program authorized under subpart B of title IV 
        of the Tariff Act of 1930 (19 U.S.C. 1411 et seq.)
            (2) The NEXUS program authorized under section 286(q) of 
        the Immigration and Nationality Act (U.S.C. 1356(q)).
    (m) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as may be 
necessary for fiscal year 2007 to carry out this section.
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