[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5536 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5536

    To implement the Western Hemisphere Travel Initiative and other 
  registered traveler programs of the Department of Homeland Security.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2006

  Ms. Slaughter (for herself and Mr. McHugh) introduced the following 
bill; which was referred to the Committee on Homeland Security, and in 
 addition to the Committees on International Relations and Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To implement the Western Hemisphere Travel Initiative and other 
  registered traveler programs of the Department of Homeland Security.

    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 ``Protecting American Commerce and 
Travel Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Approximately 23 million United States citizens 
        annually cross the northern or southern border.
            (2) Twenty-seven percent of United States citizens and 40 
        percent of Canadian citizens possess a valid passport.
            (3) Canada is the United States largest trading partner, 
        with an average of $1.1 billion in goods crossing the United 
        States-Canada border every day.
            (4) In 2004, Canadians made 14 million visits to the United 
        States and spent $10.3 billion in the United States.

SEC. 3. REPORT ON EXISTING DOCUMENTATION REQUIREMENTS.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security and the 
Secretary of State shall jointly submit to the Committee on Homeland 
Security and the Committee on the Judiciary of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on the Judiciary of the Senate a report 
examining the feasibility, method, cost, and time period of 
implementation, cost and security advantages, if any, and the impact on 
cross-border traffic of using a State driver's licence that satisfies 
the minimum document requirements and issuance standards for a State 
driver's licence under section 202 of the REAL ID Act of 2005 as 
sufficient to denote identity and citizenship, for all travel into the 
United States by United States citizens in order to satisfy the 
requirement of section 7209(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) (commonly referred to as 
the Western Hemisphere Travel Initiative).
    (b) Review of Study by Government Accountability Office.--Not later 
than 120 days after submission of the report required under subsection 
(a), the Comptroller General of the United States shall review the 
report and submit an audit of the report to the Committee on Homeland 
Security and the Committee on the Judiciary of the House of 
Representatives and the committee on Homeland Security and Governmental 
Affairs and the Committee on the Judiciary of the Senate.

SEC. 4. WESTERN HEMISPHERE TRAVEL INITIATIVE.

    (a) Extension of Deadline for Implementation.--Subsection (b)(1) of 
section 7209 of the Intelligence Reform and Terrorism Prevention Act of 
2004 is amended--
            (1) in the first sentence, by inserting ``on its own when 
        produced'' after ``sufficient''; and
            (2) in the second sentence, by striking ``January 1, 2008'' 
        and inserting ``September 15, 2009''.
    (b) Prohibition on Implementation of Tiered Approach.--Subsection 
(b)(2) of section 7209 of such Act is amended by adding at the end the 
following new sentence: ``The plan developed under paragraph (1) shall 
require the implementation at the same time of the documentation 
requirements described in such paragraph for all international travel, 
regardless of whether such travel is by air, sea, or land.''.
    (c) Travel to Canada and Mexico.--Section 7209(b) of such Act is 
amended by adding at the end the following new paragraphs:
            ``(3) Process for united states citizens lacking required 
        documents.--The Secretary of Homeland Security, in consultation 
        with the Secretary of State, shall establish a process to 
        permit a citizen of the United States who does not possess a 
        passport or other document, or combination of documents, as 
        required under paragraph (1), to re-enter the United States at 
        an international land border of the United States.
            ``(4) Special rule for certain minors.--United States 
        citizens who are less than 16 years of age shall not be 
        required to present to an immigration officer a passport or 
        other document, or combination of documents, as required under 
        paragraph (1), when returning to the United States from Canada 
        at any port of entry along the international land border 
        between the United States and Canada.''.
    (d) Issuance by Department of State of North American Travel 
Cards.--
            (1) In general.--In accordance with section 7209 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004, the 
        Secretary of State, in consultation with the Secretary of 
        Homeland Security, shall issue to United States citizens who 
        submit an application in accordance with paragraph (4) a travel 
        document that will serve as a North American travel card. The 
        Secretary of State may refer to a North American travel card by 
        any name the Secretary determines appropriate.
            (2) Applicability.--A North American travel card shall be 
        deemed to be a United States passport for the purpose of United 
        States laws and regulations relating to United States 
        passports.
            (3) Use and limitation.--A North American travel card may 
        be used for the purpose of facilitating international travel by 
        United States citizens in accordance with section 7209(b) of 
        the Intelligence Reform and Terrorism Prevention Act of 2004. 
        The Secretary of State may limit the use of a North American 
        travel card to only international air travel. If the Secretary 
        does so limit the use of a North American travel card, the 
        Secretary shall submit to Congress a report explaining why the 
        North American travel card is so limited.
            (4) Application for issuance.--
                    (A) In general.--To be issued a North American 
                travel card, a United States citizen shall submit an 
                application to the Secretary of State. Such application 
                shall contain the same information as is required by 
                the Secretary to determine citizenship, identity, and 
                eligibility for issuance of a United States passport.
                    (B) Acceptance of applications.--The Secretary of 
                State may begin accepting applications for North 
                American travel cards beginning on the date that is one 
                year after the date of the enactment of this Act.
                    (C) Rapid issuance.--Not later than ten business 
                days after receipt of an application (including any 
                applicable fees) from a United States citizen for a 
                North American travel card, the Secretary of State 
                shall provide such citizen with such card.
            (5) Expedited traveler programs.--The North American travel 
        card shall be designed and produced so as to provide a platform 
        on which the expedited traveler programs of the Department of 
        Homeland Security, such as NEXUS, NEXUS AIR, SENTRI, FAST, and 
        Registered Traveler can be added.
            (6) Fee.--Except as in provided in paragraph (8), an 
        applicant for a North American travel card shall submit an 
        application under paragraph (4) together with a single 
        nonrefundable fee in an amount to be determined by the 
        Secretary of State. Fees for a North American travel card shall 
        be deposited as an offsetting collection to the appropriate 
        Department of State appropriation, to remain available until 
        expended. Such fee shall not exceed $20, and the Secretary 
        shall seek to keep such fee as low as possible, based on the 
        cost of service.
            (7) Rule of construction.--Nothing in this Act shall be 
        construed as limiting, altering, modifying, or otherwise 
        affecting the validity of a United States passport. A United 
        States citizen may possess a United States passport and a North 
        American travel card.
            (8) Expedited processing.--The Secretary of State shall 
        seek to expedite the speed with which North American travel 
        cards are issued in response to citizens' applications by 
        whatever means possible in order to support spontaneous travel 
        between border communities in the United States, Canada, and 
        Mexico.
    (e) 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, a North American travel card issued 
under this section shall be considered a document sufficient on its own 
when produced to denote identity and citizenship for travel into the 
United States by United States citizens.
    (f) Foreign Cooperation.--In order to maintain and encourage cross-
border travel and trade, the Secretary of State and the Secretary of 
Homeland Security shall use all possible means to coordinate with the 
appropriate representatives of foreign governments to ensure that their 
citizens and nationals possess, not later than September 15, 2009, 
appropriate documentation to allow such citizens and nationals to cross 
into the United States.
    (g) Public Promotion.--To promote travel and trade across the 
United States border, the Secretary of State and the Secretary of 
Homeland Security shall develop a public communications plan to promote 
to United States citizens, representatives of the travel and trade 
industries, and local government officials information relating to the 
North American travel card program and the expedited traveler programs 
of the Department of Homeland Security.
    (h) Private Collaboration.--Not later than six months after the 
date of the enactment of this Act, the Secretary of State and the 
Secretary of Homeland Security shall submit to Congress a report on 
their efforts to solicit policy suggestions from the private sector 
concerning implementation of section 7209 of the Intelligence Reform 
and Terrorism Prevention Act of 2004. This report should include the 
private sector's recommendations concerning how air, sea, and land 
travel between countries in the Western Hemisphere can be improved 
while enhancing security.
    (i) Accessibility.--In order to make the North American travel card 
easily obtainable, the Secretary of Homeland Security shall accept 
applications for the card at all NEXUS and FAST enrollment centers.
    (j) Equipment at the Borders.--The Secretary of Homeland Security 
shall ensure that, not later than September 15, 2009, all land border 
ports of entry along the international land border of the United States 
and Canada and the United States and Mexico are equipped with the 
appropriate technology to read a North American travel card.
    (k) Statutory Authority.--
            (1) State department basic authorities act of 1956.--The 
        State Department Basic Authorities Act of 1956 is amended--
                    (A) in section 3(m) (22 U.S.C. 2670(m)), by 
                inserting ``, North American travel card,'' after 
                ``passport'';
                    (B) in section 4 (22 U.S.C. 2671)--
                            (i) in subsection (b)(2)(I), by inserting 
                        ``, North American travel cards,'' after 
                        ``passports''; and
                            (ii) in subsection (d)(3), by inserting 
                        ``or North American travel cards'' after 
                        ``passports'';
                    (C) in section 33(1) (22 U.S.C. 2705(1)), by 
                striking ``passport,'' and inserting ``passport or 
                North American travel card,'';
                    (D) in section 37(a)(1) (22 U.S.C. 2709(a)(1)), by 
                inserting ``, North American travel card,'' after 
                ``passport'';
                    (E) in section 42 (22 U.S.C. 2714)--
                            (i) in subsection (a)--
                                    (I) in paragraph (1), by inserting 
                                ``or North American travel card'' after 
                                ``passport'' each place such term 
                                appears; and
                                    (II) in paragraph (2)--
                                            (aa) in the heading, by 
                                        inserting ``and north american 
                                        travel card'' after 
                                        ``passport''; and
                                            (bb) by inserting ``or 
                                        North American travel card'' 
                                        after ``passport'' each place 
                                        such term appears; and
                            (ii) in subsection (d), by striking 
                        ``passport,'' and inserting ``passport or North 
                        American travel card,''; and
                    (F) in section 49 (22 U.S.C. 2721)--
                            (i) in the heading, by inserting ``and 
                        north american travel cards'' after 
                        ``passports''; and
                            (ii) by inserting ``or North American 
                        travel card'' after ``passport''.
            (2) Act of july 3, 1926.--Section 1 of the Act of July 3, 
        1926 (Chapter 772; 44 Stat. 887; 22 U.S.C. 211a), is amended by 
        adding at the end the following new sentence: ``Nothing in this 
        section shall be construed to prevent the Secretary from 
        issuing a passport in the form of a North American travel card 
        that is valid for travel only through land border ports of 
        entry between the United States and Canada and the United 
        States and Mexico.''.
            (3) Immigration and nationality act.--The Immigration and 
        Nationality Act is amended--
                    (A) in section 215 (8 U.S.C. 1185)--
                            (i) in subsection (b), by inserting ``or 
                        North American travel card, if appropriate'' 
                        after ``passport''; and
                            (ii) in subsection (f), by inserting 
                        ``North American travel cards (if 
                        appropriate),'' after ``Passports,'';
                    (B) in section 231(c)(5) (8 U.S.C. 1221(c)(5)), by 
                inserting ``or North American travel card number, if 
                appropriate'' before the semicolon;
                    (C) in section 241(c)(3)(B)(vi) (8 U.S.C. 
                1231(c)(3)(B)(vi)), by inserting ``or North American 
                travel card'' after ``passport''; and
                    (D) in section 274A(b)(1)(B)(i) (8 U.S.C. 
                1324a(b)(1)(B)(i)), by inserting ``or North American 
                travel card'' before the semicolon.
    (l) Reports.--The Secretary of State shall, on a quarterly basis 
during the first year of issuance of North American travel cards and on 
an annual basis thereafter, submit to Congress a report containing 
information relating to the number of North American travel cards 
issued during the immediately preceding quarter or year, as 
appropriate, and the number of United States citizens in each State 
applying for such cards.

SEC. 5. IMPROVING THE NEXUS AND FAST REGISTERED TRAVELER PROGRAMS.

    (a) Merging Requirements of NEXUS and FAST.--
            (1) In general.--The Secretary of Homeland Security shall 
        merge the procedures for the programs described in subsection 
        (k) 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 a 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.
    (b) Integrating NEXUS and FAST Information Systems.--The Secretary 
of Homeland Security shall integrate all databases and information 
systems for the programs described in subsection (k) 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.
    (c) Creation of NEXUS Convertible Lanes.--In order to expand the 
NEXUS program described in subsection (k)(2) to major northern border 
crossings, the Secretary of Homeland Security, in consultation with 
appropriate representatives of the Government of Canada, 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.
            (6) International Falls, Minnesota.
    (d) Creation of Remote Enrollment Centers.--The Secretary of 
Homeland Security, in consultation with appropriate representatives of 
the Government of Canada, shall create a minimum of six remote 
enrollment centers for the programs described in subsection (k). Such a 
remote enrollment center shall be established at each of the border 
crossings described in subsection (c).
    (e) Creation of Mobile Enrollment Centers.--The Secretary of 
Homeland Security, in consultation with appropriate representatives of 
the Government of Canada, shall create a minimum of four mobile 
enrollment centers for the programs described in subsection (k). 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 such mobile enrollment centers.
    (f) On-Line Application Process.--The Secretary of Homeland 
Security shall design an on-line application process for the programs 
described in subsection (k). Such process shall permit individuals to 
securely submit their applications on-line and schedule a security 
interview at the nearest enrollment center.
    (g) Promoting Enrollment.--
            (1) Creating incentives for enrollment.--In order to 
        encourage applications for the programs described in subsection 
        (k), the Secretary of Homeland Security shall develop a plan to 
        admit participants at a rate that does not exceed $20 per card 
        issued for each of such programs. The fee for the first renewal 
        for participation in each such program shall be waived.
            (2) Customer service phone number.--In order to provide 
        potential applicants with timely information for the programs 
        described in subsection (k), 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 (k).
    (h) 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, an identification card issued to a 
participant in a program described in subsection (k) shall be 
considered a document sufficient on its own when produced to denote 
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)).
    (i) 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 of 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 (k).
                    (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 paragraph (2).
                    (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) not later than six months after the date of the 
                enactment of this Act, submit to the appropriate 
                congressional committees (as defined in section 2 of 
                the Homeland Security Act of 2002 (6 U.S.C. 101)) a 
                description of the process developed under this 
                subsection; and
                    (B) not later than 12 months after the date of the 
                enactment of this Act, begin implementing such process.
            (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.
    (j) Reports.--
            (1) Report on implementation.--Not later than one 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 (a) through (i).
            (2) Report on coordination.--Not later than six 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 (k).
                    (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.
    (k) 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)).

SEC. 6. COST-BENEFIT ANALYSIS OF IMPLEMENTATION OF SECTION 7209(B) OF 
              THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 
              2004.

    (a) In General.--The Secretary of Homeland Security shall, in 
accordance with subsection (c), conduct a cost-benefit analysis of the 
implementation of the requirements of section 7209(b) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 with respect 
to the issuance and use of North American travel cards and NEXUS and 
FAST identification cards as documents sufficient on their own when 
produced to denote identity and citizenship for travel into the United 
States.
    (b) Publication.--
            (1) Results of analysis and notice of proposed 
        rulemaking.--The Secretary shall publish in the Federal 
        Register the results of the analysis required under subsection 
        (a), together with a Notice of Proposed Rulemaking of the 
        Department of Homeland Security with respect to the issuance of 
        North American travel cards and NEXUS and FAST identification 
        cards as satisfying the requirements of section 7209(b) of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (commonly referred to as the Western Hemisphere Travel 
        Initiative).
            (2) Time for publication.--The Secretary may not publish in 
        the Federal Register the Notice of Proposed Rulemaking referred 
        to in paragraph (1) until the report required under section 
        3(a) has been submitted to the committees specified in 
        subsection (a) of such section.
    (c) Program.--The Secretary shall conduct the analysis required 
under subsection (a) in accordance with the requirements for a 
significant regulatory action as set forth and defined in Executive 
Order 12866 (issued on September 30, 1993; published in the Federal 
Register on October 4, 1993). Such analysis shall include the following 
information:
            (1) An assessment, including the underlying analysis, of 
        benefits anticipated from the regulatory action (such as the 
        promotion of the efficient functioning of the economic and 
        private markets, the enhancement of health and safety, the 
        protection of the natural environment, and the elimination or 
        reduction of discrimination or bias) together with, to the 
        extent feasible, a quantification of those benefits.
            (2) An assessment, including the underlying analysis, of 
        costs anticipated from the regulatory action (such as the 
        direct cost both to the United States Government in 
        administering the regulation and to businesses and others in 
        complying with the regulation, and any adverse effects on the 
        efficient functioning of the economy, private markets 
        (including productivity, employment, and competitiveness), 
        health, safety, and the natural environment), together with, to 
        the extent feasible, a quantification of those costs.
            (3) An assessment, including the underlying analysis, of 
        costs and benefits of potentially effective and reasonably 
        feasible alternatives to the planned regulation, identified by 
        the agencies or the public (including improving the current 
        regulation and reasonably viable nonregulatory actions), and an 
        explanation why the planned regulatory action is preferable to 
        potential alternatives.
    (d) Subsequent Publication.--The Secretary shall publish in the 
Federal Register after publication of the analysis and the Notice of 
Proposed Rulemaking under subsection (b) information that--
            (1) identifies for the public, in a complete, clear, and 
        simple manner, the substantive changes between the draft of the 
        proposed regulatory action submitted to the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget for review and the action subsequently announced; 
        and
            (2) identifies for the public those changes in the 
        regulatory action that were made at the suggestion or 
        recommendation of the Office of Information and Regulatory 
        Affairs.
                                 <all>