[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5848 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5848

   To increase the number of types of documents able to satisfy the 
requirements of the Western Hemisphere Travel Initiative, and to ensure 
          such documents are widely available and affordable.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2006

 Mr. Reynolds introduced the following bill; which was referred to the 
  Committee on Homeland Security, and in addition to the Committee on 
International Relations, 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 increase the number of types of documents able to satisfy the 
requirements of the Western Hemisphere Travel Initiative, and to ensure 
          such documents are widely available and affordable.

    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 2006''.

SEC. 2. WESTERN HEMISPHERE TRAVEL INITIATIVE.

    (a) Findings.--Congress finds the following:
            (1) United States citizens make approximately 130,000,000 
        land border crossings each year between the United States and 
        Canada and the United States and Mexico, with approximately 
        23,000,000 individual United States citizens crossing the 
        border annually.
            (2) Approximately 27 percent of United States citizens 
        possess United States passports.
            (3) In fiscal year 2005, the Secretary of State issued an 
        estimated 10,100,000 passports, representing an increase of 15 
        percent from fiscal year 2004.
            (4) The Secretary of State estimates that 13,000,000 
        passports will be issued in fiscal year 2006, 16,000,000 
        passports will be issued in fiscal year 2007, and 17,000,000 
        passports will be issued in fiscal year 2008.
    (b) Extension of Western Hemisphere Travel Initiative 
Implementation Deadline.--Section 7209(b)(1) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
note) is amended by striking ``January 1, 2008'' and inserting ``the 
later of June 1, 2009, or three months after the Secretary of State and 
the Secretary of Homeland Security make the certification required 
under subsection (i) of the Western Hemisphere Traveler Improvement Act 
of 2006''.
    (c) Passport Cards.--
            (1) Authority to issue.--In order to facilitate travel of 
        United States citizens to Canada, Mexico, the countries located 
        in the Caribbean, and Bermuda, the Secretary of State, in 
        consultation with the Secretary of Homeland Security, is 
        authorized to develop a travel document known as a Passport 
        Card.
            (2) Issuance.--In accordance with the Western Hemisphere 
        Travel Initiative carried out pursuant to section 7209 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of 
        State, in consultation with the Secretary of Homeland Security, 
        shall be authorized to issue to a citizen of the United States 
        who submits an application in accordance with paragraph (6) a 
        travel document that will serve as a Passport Card.
            (3) Applicability.--A Passport Card shall be deemed to be a 
        United States passport for the purpose of United States laws 
        and regulations relating to United States passports.
            (4) Validity.--A Passport Card shall be valid for the same 
        period as a United States passport.
            (5) Limitation on use.--A Passport Card may only be used 
        for the purpose of international travel by United States 
        citizens through land and sea ports of entry between--
                    (A) the United States and Canada;
                    (B) the United States and Mexico; and
                    (C) the United States and a country located in the 
                Caribbean or Bermuda.
            (6) Application for issuance.--To be issued a Passport 
        Card, a United States citizen shall submit an application to 
        the Secretary of State. The Secretary of State shall require 
        that such application shall contain the same information as is 
        required to determine citizenship, identity, and eligibility 
        for issuance of a United States passport.
            (7) Technology.--
                    (A) Expedited traveler programs.--To the maximum 
                extent practicable, a Passport Card shall be designed 
                and produced to provide a platform on which the 
                expedited traveler programs carried out by the 
                Secretary, such as NEXUS, NEXUS AIR, SENTRI, FAST, and 
                Register Traveler may be added. The Secretary of State 
                and the Secretary of Homeland Security shall notify 
                Congress not later than July 1, 2008, if the technology 
                to add expedited traveler programs to the Passport Card 
                is not developed by that date.
                    (B) Technology.--The Secretary of State and the 
                Secretary of Homeland Security shall establish a 
                technology implementation plan that accommodates 
                desired technology requirements of the Department of 
                State and the Department of Homeland Security, allows 
                for future technological innovations, and ensures 
                maximum facilitation at the northern and southern 
                borders.
            (8) Specifications for card.--A Passport Card shall be 
        easily portable and durable. The Secretary of State and the 
        Secretary of Homeland Security shall consult regarding the 
        other technical specifications of the Passport Card, including 
        whether the security features of the Passport Card can be 
        combined with other existing identity documentation.
            (9) Fee.--
                    (A) In general.--An applicant for a Passport Card 
                shall submit an application under paragraph (6) 
                together with a nonrefundable fee in an amount to be 
                determined by the Secretary of State. Fees for a 
                Passport Card shall be deposited as an offsetting 
                collection to the appropriate Department of State 
                appropriation, to remain available until expended.
                    (B) Limitation on fees.--The Secretary of State 
                shall seek to make such fees as low as possible. Such 
                fee shall not exceed--
                            (i) $24; or
                            (ii) $34, if the Secretary of State, the 
                        Secretary of Homeland Security, and the 
                        Postmaster General jointly certify to Congress 
                        that such fees represent the lowest possible 
                        cost of issuing Passport Cards and provide a 
                        detailed cost analysis for any such fee that is 
                        more than $24.
                    (C) Reduction of fee.--The Secretary of State shall 
                reduce the fee for a Passport Card for an individual 
                who submits an application for a Passport Card together 
                with an application for a United States passport.
                    (D) Waiver of fee for children.--The Secretary of 
                State shall waive the fee for a Passport Card for a 
                child under 18 years of age.
                    (E) Audit.--In the event that the fee for a 
                Passport Card exceeds $24, the Comptroller General of 
                the United States shall conduct an audit to determine 
                whether Passport Cards are issued at the lowest 
                possible cost.
            (10) Accessibility.--In order to make the Passport Card 
        easily obtainable, an application for a Passport Card shall be 
        accepted in the same manner and at the same locations as an 
        application for a United States passport.
            (11) Rule of construction.--Nothing in this section 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 
        Passport Card.
    (d) State Enrollment Demonstration Program.--
            (1) In general.--Notwithstanding any other provisions of 
        law, the Secretary of State and the Secretary of Homeland 
        Security shall enter into a memorandum of understanding with 
        one or more appropriate States to carry out at least one 
        demonstration program as follows:
                    (A) The inclusion of an individual's United States 
                citizenship status on a State driver's license which 
                meets the requirements of section 202 of the REAL ID 
                Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 
                30301 note).
                    (B) The development, in consultation with the 
                Secretary of State, of a mechanism to communicate with 
                a participating State to verify the United States 
                citizenship status of an applicant who voluntarily 
                seeks to have the applicant's United States citizenship 
                status included on a driver's license.
            (2) Border crossing.--Notwithstanding any other provision 
        of law, a driver's license which meets the requirements of 
        either subparagraph (A) or (B) of paragraph (1) under a 
        demonstration program shall be deemed to be sufficient 
        documentation to permit the bearer to enter the United States 
        from Canada through not less than at least one designated 
        international border crossing in each State participating in 
        the demonstration program.
            (3) Management of information collected.--All information 
        collected about an individual under the demonstration program 
        shall be managed exclusively in the same manner as information 
        collected through a passport application and no further 
        distribution of such information shall be permitted.
            (4) Rule of construction.--Nothing in this subsection shall 
        have the effect of creating a national identity card.
            (5) Authority to expand.--The Secretary of State and the 
        Secretary of Homeland Security may expand the demonstration 
        program under this subsection so that such program is carried 
        out in additional States, through additional ports of entry, 
        for additional foreign countries, and in a manner that permits 
        the use of additional types of identification documents to 
        prove identity under such program.
            (6) Study.--Not later than six months after the date that 
        the demonstration program under this subsection is carried out, 
        the Comptroller General of the United States shall conduct a 
        study of--
                    (A) the cost of the production and issuance of 
                documents that meet the requirements of the program 
                compared with other travel documents;
                    (B) the impact of the program on the flow of cross-
                border traffic and the economic impact of the program; 
                and
                    (C) the security of travel documents that meet the 
                requirements of the program compared with other travel 
                documents.
            (7) Reciprocity with canada.--Notwithstanding any other 
        provision of law, the Secretary of State and Secretary of 
        Homeland Security are authorized to work with appropriate 
        authorities of Canada to certify identification issued by the 
        Government of Canada, including a driver's license, as meeting 
        security requirements similar to the requirements under the 
        REAL ID Act of 2005 (division B of Public Law 109-13) and 
        including a citizenship verification mechanism. To the maximum 
        extent possible, the Secretary of Homeland Security shall work 
        to ensure that Canadian identification documents used as 
        described in this paragraph contain the same technology as 
        United States documents and may be accepted using the same 
        document scanners. Notwithstanding any other provision of law, 
        in the event that such certified identity document includes 
        information that shows an individual to be a citizen of Canada, 
        such individual shall be permitted to enter the United States 
        from Canada. The Secretary shall ensure that, at all times, 
        more States are participants in this program than Canadian 
        provinces.
    (e) Registered Traveler Processing for Repeat Travelers.--
            (1) Land crossings.--To the maximum extent practicable, the 
        Secretary of Homeland Security shall expand registered traveler 
        programs carried out by the Secretary to all ports of entry and 
        should encourage citizens of the United States to participate 
        in the preenrollment programs, as such programs assist border 
        control officers of the United States in the fight against 
        terrorism by increasing the number of known travelers crossing 
        the border. The identities of such expedited travelers shall be 
        entered into a database of known travelers who have been 
        subjected to in-depth background and watch-list checks to 
        permit border control officers to focus more attention on 
        unknown travelers, potential criminals, and terrorists. The 
        Secretary, in consultation with the appropriate officials of 
        the Government of Canada, shall equip at least six additional 
        northern border crossings with NEXUS technology.
            (2) Sea crossings.--The Commissioner of Customs and Border 
        Patrol shall conduct and expand registered traveler programs 
        and pilot programs to facilitate expedited processing of United 
        States citizens returning from pleasure craft trips in Canada, 
        Mexico, the Caribbean, or Bermuda. One such program shall be 
        conducted in Florida and modeled on the I-68 program.
    (f) Process for Individuals Lacking Appropriate Documents.--
            (1) In general.--The Secretary of State shall establish a 
        program that satisfies section 7209 of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 
        U.S.C. 1185 note)--
                    (A) to permit a citizen of the United States who 
                has not been issued a United States passport or other 
                appropriate travel document to cross the international 
                border and return to the United States for a time 
                period of not more than 72 hours, on a limited basis, 
                and at no additional fee; or
                    (B) to establish a process to ascertain the 
                identity of, and make admissibility determinations for, 
                a citizen described in subparagraph (A) upon the 
                arrival of such citizen at an international border of 
                the United States.
            (2) Grace period.--During a time period determined by the 
        Secretary, officers of the United States Customs and Border 
        Patrol may permit citizens of the United States and Canada who 
        are unaware of the requirements of 7209 of such Act, or 
        otherwise lacking appropriate documentation, to enter the 
        United States upon a demonstration of citizenship satisfactory 
        to the officer. Officers of the United States Customs and 
        Border Patrol shall educate such individuals about documentary 
        requirements.
    (g) Travel by Children.--For travel to Canada, the Secretary of 
State shall have authority to waive the requirements of section 7209 of 
such Act for travel by children who are 17 years old or younger 
traveling in groups of six or more, provided that such groups present 
documents demonstrating parental consent for each child's travel. The 
Secretary may issue similar regulations for travel to Mexico.
    (h) Public Promotion.--The Secretary of State, in consultation with 
the Secretary of Homeland Security, shall develop and implement an 
outreach plan to inform United States citizens about the Western 
Hemisphere Travel Initiative and the provisions of this Act, to 
facilitate the acquisition of appropriate documentation to travel to 
Canada, Mexico, the countries located in the Caribbean, and Bermuda, 
and to educate United States citizens who are unaware of the 
requirements for such travel. Such outreach plan shall include--
            (1) written notifications posted at or near public 
        facilities, including border crossings, schools, libraries, 
        Amtrak stations, and United States Post Offices located within 
        50 miles of the international border between the United States 
        and Canada or the international border between the United 
        States and Mexico and other ports of entry;
            (2) provisions to seek consent to post such notifications 
        on commercial property, such as offices of State departments of 
        motor vehicles, gas stations, supermarkets, convenience stores, 
        hotels, and travel agencies;
            (3) the collection and analysis of data to measure the 
        success of the public promotion plan; and
            (4) additional measures as appropriate.
    (i) Certification.--Notwithstanding any other provision of law, the 
Secretary of State may not implement the plan described in section 
7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 
until the later of June 1, 2009, or the date that is three months after 
the Secretary of State and the Secretary of Homeland Security certify 
to Congress that--
            (1)(A) if the Secretary of State and the Secretary of 
        Homeland Security develop and issue Passport Cards under this 
        section--
                    (i) such cards have been distributed to at least 90 
                percent of the eligible United States citizens who 
                applied for such cards during the six-month period 
                beginning not earlier than the date the Secretary of 
                State began accepting applications for such cards and 
                ending not earlier than ten days prior to the date of 
                certification;
                    (ii) Passport Cards are provided to applicants, on 
                average, within four weeks of application or within the 
                same period of time required to adjudicate a passport; 
                and
                    (iii) a successful pilot has demonstrated the 
                effectiveness of the Passport Card; or
            (B) if the Secretary and the Secretary of State do not 
        develop and issue Passport Cards under this section and develop 
        a program to issue an alternative document that satisfies the 
        requirements of section 7209 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004, in addition to the NEXUS, 
        SENTRI, FAST and Border Crossing Card programs, such 
        alternative document is widely available and well publicized;
            (2) United States border crossings have been equipped with 
        sufficient document readers and other technologies to ensure 
        that implementation of the plan described in section 7209(b) of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 
        will not substantially slow the flow of traffic and persons 
        across international borders;
            (3) officers of the Bureau of Customs and Border Protection 
        have received training and been provided the infrastructure 
        necessary to accept Passport Cards and all alternative identity 
        documents at all United States border crossings; and
            (4) the outreach plan described in subsection (h) has been 
        implemented and the Secretary of State determines such plan has 
        been successful in providing information to United States 
        citizens.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of State and the Secretary of Homeland 
Security such sums as may be necessary to carry out this Act, and the 
amendment made by this Act.
                                 <all>