109 HR 5848 IH: To increase the number of types of documents able to U.S. House of Representatives 2006-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5848 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.

1.

Short title

This Act may be cited as the Western Hemisphere Traveler Improvement Act of 2006.

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.