I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure Traveler Im5 provement Act of 2006’’. 

6 SEC. 2. IMPROVING THE ‘‘NEXUS’’ AND ‘‘FAST’’ REGISTERED 

7 TRAVELER PROGRAMS. 

8 (a) FINDINGS.—The Congress finds the following: 

9 (1) Section 7208(k) of the Intelligence Reform 

10 and Terrorism Prevention Act of 2004 required that 

11 the Secretary of Homeland Security implement a 


sroberts on PROD1PC70 with BILLS
2 

•HR 5286 IH

1 registered traveler program to expedite the proc2 essing of registered travelers who enter and exit the 

3 United States. In order to include as many partici4 pants as possible, the Congress mandated that the 

5 Secretary of Homeland Security create a program 

6 that— 

7 (A) minimizes the cost of enrollment; 

8 (B) makes the program enrollment conven9 ient and easily accessible; and 

10 (C) provides applicants with clear and con11 sistent eligibility requirements. 

12 (2) According to the Department of State Bu13 reau of Consular Affairs, 400,000 individuals made 

14 48 percent of cross-border trips between the United 

15 States and Canada in 2004. These are the frequent 

16 travelers that must be encouraged to enroll in expe17 dited traveler programs. 

18 (3) Barriers to enrollment in the Free and Se19 cure Trade program (‘‘FAST’’ or ‘‘FAST’’ program) 

20 and the ‘‘NEXUS’’ dedicated commuter lane system 

21 (‘‘NEXUS’’ or ‘‘NEXUS program’’) include inad22 equate numbers and locations of enrollment centers, 

23 a confusing application process, and high enrollment 

24 fees for non-commercial users. 


sroberts on PROD1PC70 with BILLS
3 

•HR 5286 IH

1 (4) Consistent with the report of the National 

2 Commission on Terrorist Attacks Upon the United 

3 States, it is imperative that the Department of 

4 Homeland Security expand the NEXUS and FAST 

5 programs. 

6 (b) MERGING REQUIREMENTS OF NEXUS AND

7 FAST.— 

8 (1) IN GENERAL.—The Secretary of Homeland 

9 Security shall merge the procedures for the pro10 grams described in subsection (l) into a single proce11 dure, with common eligibility and security screening 

12 requirements, enrollment processes, and sanctions 

13 regimes. 

14 (2) SPECIFIC REQUIREMENTS.—In carrying out 

15 paragraph (1), the Secretary shall ensure that— 

16 (A) the procedures for the programs 

17 known as ‘‘NEXUS Highway’’, ‘‘NEXUS Ma18 rine’’, and ‘‘NEXUS Air’’ are integrated into 

19 such single procedure; and 

20 (B) the processes relating to eligibility and 

21 security screening are identical to those for the 

22 FAST program described in subsection (l)(2) 

23 on the date of the enactment of this Act. 

24 (c) INTEGRATING NEXUS AND FAST INFORMATION

25 SYSTEMS.—The Secretary of Homeland Security shall inVerDate Aug 31 2005 18:27 May 07, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5286.IH H5286

sroberts on PROD1PC70 with BILLS
4 

•HR 5286 IH

1 tegrate all databases and information systems for the pro2 grams described in subsection (l) in a manner that will 

3 permit any identification card issued to a participant to 

4 operate in all locations where a program described in such 

5 subsection is operating. 

6 (d) CREATION OF NEXUS CONVERTIBLE LANES.— 

7 In order to expand the NEXUS program described in sub8 section (l)(2) to major northern border crossings, the Sec9 retary of Homeland Security, in consultation with the Ca10 nadian government, shall equip the following northern bor11 der crossings with NEXUS technology: 

12 (1) Pembina, North Dakota; 

13 (2) Sault Ste. Marie, Michigan; 

14 (3) Alexandria Bay, New York; 

15 (4) Portal, North Dakota; 

16 (5) Sweet Grass, Montana; and 

17 (6) International Falls, Minnesota. 

18 (e) CREATION OF REMOTE ENROLLMENT CEN19 TERS.—The Secretary of Homeland Security, in consulta20 tion with the Canadian government, shall create a min21 imum of 6 remote enrollment centers for the programs de22 scribed in subsection (l). A remote enrollment center shall 

23 be established at each of the border crossings described 

24 in subsection (d). 


sroberts on PROD1PC70 with BILLS
5 

•HR 5286 IH

1 (f) CREATION OF MOBILE ENROLLMENT CEN2 TERS.—The Secretary of Homeland Security, in consulta3 tion with the Canadian government, shall create a min4 imum of 4 mobile enrollment centers for the programs de5 scribed in subsection (l). Such mobile enrollment centers 

6 shall be used to accept and process applications in areas 

7 currently underserved by such programs. The Secretary 

8 shall work with State and local authorities in determining 

9 the locations of mobile enrollment centers. 

10 (g) ON-LINE APPLICATION PROCESS.—The Sec11 retary of Homeland Security shall design an on-line appli12 cation process for the programs described in subsection 

13 (l). Such process shall permit individuals to securely sub14 mit their applications on-line and schedule a security 

15 interview at the nearest enrollment center. 

16 (h) PROMOTING ENROLLMENT.— 

17 (1) CREATING INCENTIVES FOR ENROLL18 MENT.—In order to encourage applications for the 

19 programs described in subsection (l), the Secretary 

20 of Homeland Security shall develop a plan to admit 

21 participants at a rate that does not exceed $20 per 

22 card issued. The fee for the first renewal shall be 

23 waived. 

24 (2) CUSTOMER SERVICE PHONE NUMBER.—In 

25 order to provide potential applicants with timely inVerDate Aug 31 2005 18:27 May 07, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5286.IH H5286

sroberts on PROD1PC70 with BILLS
6 

•HR 5286 IH

1 formation for the programs described in subsection 

2 (l), the Secretary of Homeland Security shall create 

3 a customer service telephone number for such pro4 grams. 

5 (3) PUBLICITY CAMPAIGN.—The Secretary shall 

6 carry out a program to educate the public regarding 

7 the benefits of the programs described in subsection 

8 (l). 

9 (i) TRAVEL DOCUMENT FOR TRAVEL INTO UNITED

10 STATES.—For purposes of the plan required under section 

11 7209(b) of the Intelligence Reform and Terrorism Preven12 tion Act of 2004 (8 U.S.C. 1185 note), an identification 

13 card issued to a participant in a program described in sub14 section (l) shall be considered a document sufficient on 

15 its own when produced to establish identity and citizenship 

16 for travel into the United States by United States citizens 

17 and by categories of individuals for whom documentation 

18 requirements have previously been waived under section 

19 212(d)(4)(B) of the Immigration and Nationality Act (8 

20 U.S.C. 1182(d)(4)(B)). 

21 (j) CONSOLIDATED BACKGROUND CHECK PROC22 ESS.— 

23 (1) REQUIREMENT.—The Secretary of Home24 land Security, in consultation with the Attorney 

25 General, shall establish a single process for conVerDate Aug 31 2005 18:27 May 07, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5286.IH H5286

sroberts on PROD1PC70 with BILLS
7 

•HR 5286 IH

1 ducting the security screening and background 

2 checks on individuals participating in any of the pro3 grams identified under paragraph (2). 

4 (2) INCLUDED PROGRAMS.—The process estab5 lished under paragraph (1) shall apply to the fol6 lowing programs: 

7 (A) The Transportation Worker Identifica8 tion Credential. 

9 (B) The security risk determination and 

10 related background checks under section 5103a 

11 of title 49, United States Code, performed by 

12 the Transportation Security Administration as 

13 part of the Department of Transportation Haz14 ardous Materials Endorsement credentialing 

15 program. 

16 (C) The programs described in subsection 

17 (l). 

18 (D) The Secure Electronic Network for 

19 Travelers Rapid Inspection, or ‘‘SENTRI’’, pro20 gram authorized under section 286(q) of the 

21 Immigration and Nationality Act (8 U.S.C. 

22 1356(q)). 

23 (E) The Registered Traveler program of 

24 the Transportation Security Administration. 


sroberts on PROD1PC70 with BILLS
8 

•HR 5286 IH

1 (3) FEATURES OF PROCESS.—The process es2 tablished under paragraph (1) shall include the fol3 lowing: 

4 (A) A single submission of security screen5 ing information, including personal data and bi6 ometric information as appropriate, necessary 

7 to meet the security requirements of all applica8 ble departmental programs. 

9 (B) An ability to submit such security 

10 screening information at any location or 

11 through any process approved by the Secretary 

12 with respect to any of the applicable depart13 mental programs. 

14 (C) Acceptance by the Department of a se15 curity clearance or other credential issued by a 

16 Federal agency, to the extent that the security 

17 clearance process of the agency satisfies re18 quirements that are at least as stringent as 

19 those of the applicable departmental programs 

20 under subsection (b). 

21 (D) Appropriate standards and procedures 

22 for protecting individual privacy, confidentiality, 

23 record retention, and addressing other concerns 

24 relating to information security. 


sroberts on PROD1PC70 with BILLS
9 

•HR 5286 IH

1 (4) DEADLINES.—The Secretary of Homeland 

2 Security shall— 

3 (A) submit a description of the process de4 veloped under subsection (a) to the appropriate 

5 congressional committees (as defined in section 

6 2 of the Homeland Security Act of 2002 (6 

7 U.S.C. 101)) by not later than 6 months after 

8 the date of the enactment of this Act; and 

9 (B) begin implementing such process by 

10 not later than 12 months after the date of the 

11 enactment of this Act. 

12 (5) INCLUSION OF OTHER PROGRAMS.—The 

13 Secretary of Homeland Security shall review other 

14 existing or developing Department of Homeland Se15 curity programs that include security screening or 

16 background checks for participating individuals, and 

17 report to the appropriate congressional committees 

18 (as defined in section 2 of the Homeland Security 

19 Act of 2002 (6 U.S.C. 101)) any recommendations 

20 for inclusion of such additional programs in the con21 solidated screening process established under this 

22 section. 

23 (6) RELATIONSHIP TO OTHER LAWS.—Nothing 

24 in this subsection affects: 


sroberts on PROD1PC70 with BILLS
10 

•HR 5286 IH

1 (A) any statutory or regulatory require2 ment relating to the operation or standards of 

3 the programs described in paragraph (2). 

4 (B) any statutory requirement relating to 

5 title III of the Intelligence Reform and Ter6 rorism Prevention Act of 2004 (50 U.S.C. 435b 

7 et seq.). 

8 (k) REPORTS.— 

9 (1) REPORT ON IMPLEMENTATION.—Not later 

10 than 1 year after the date of the enactment of this 

11 Act, the Secretary of Homeland Security shall sub12 mit to the appropriate congressional committees (as 

13 defined in section 2 of the Homeland Security Act 

14 of 2002 (6 U.S.C. 101)) a report on the implemen15 tation of subsections (b) through (h) of this Act. 

16 (2) REPORT ON COORDINATION.—Not later 

17 than 6 months after the date of the enactment of 

18 this Act, the Secretary of Homeland Security shall 

19 submit to the appropriate congressional committees 

20 (as defined in section 2 of the Homeland Security 

21 Act of 2002 (6 U.S.C. 101)) a report on the work 

22 being performed to streamline and coordinate the 

23 following programs: 

24 (A) The programs described in subsection 

25 (l). 


sroberts on PROD1PC70 with BILLS
11 

•HR 5286 IH

1 (B) The Secure Electronic Network for 

2 Travelers Rapid Inspection, or ‘‘SENTRI’’, pro3 gram authorized under section 286(q) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1356(q)). 

6 (C) The Registered Traveler program of 

7 the Transportation Security Administration. 

8 (l) PROGRAMS.—The programs described in this sub9 section are the following: 

10 (1) The FAST program authorized under sub11 part B of title IV of the Tariff Act of 1930 (19 

12 U.S.C. 1411 et seq.) 

13 (2) The NEXUS program authorized under sec14 tion 286(q) of the Immigration and Nationality Act 

15 (U.S.C. 1356(q)). 

16 (m) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Secretary of 

18 Homeland Security such sums as may be necessary for 

19 fiscal year 2007 to carry out this section. 

Æ 


sroberts on PROD1PC70 with BILLS