I 

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. 

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 ‘‘Protecting American 

5 Commerce and Travel Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Approximately 23 million United States citi2 zens annually cross the northern or southern border. 

3 (2) Twenty-seven percent of United States citi4 zens and 40 percent of Canadian citizens possess a 

5 valid passport. 

6 (3) Canada is the United States largest trading 

7 partner, with an average of $1.1 billion in goods 

8 crossing the United States-Canada border every day. 

9 (4) In 2004, Canadians made 14 million visits 

10 to the United States and spent $10.3 billion in the 

11 United States. 

12 SEC. 3. REPORT ON EXISTING DOCUMENTATION REQUIRE13 MENTS. 

14 (a) IN GENERAL.—Not later than 120 days after the 

15 date of the enactment of this Act, the Secretary of Home16 land Security and the Secretary of State shall jointly sub17 mit to the Committee on Homeland Security and the Com18 mittee on the Judiciary of the House of Representatives 

19 and the Committee on Homeland Security and Govern20 mental Affairs and the Committee on the Judiciary of the 

21 Senate a report examining the feasibility, method, cost, 

22 and time period of implementation, cost and security ad23 vantages, if any, and the impact on cross-border traffic 

24 of using a State driver’s licence that satisfies the minimum 

25 document requirements and issuance standards for a 


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1 State driver’s licence under section 202 of the REAL ID 

2 Act of 2005 as sufficient to denote identity and citizen3 ship, for all travel into the United States by United States 

4 citizens in order to satisfy the requirement of section 

5 7209(b) of the Intelligence Reform and Terrorism Preven6 tion Act of 2004 (Public Law 108–458) (commonly re7 ferred to as the Western Hemisphere Travel Initiative). 

8 (b) REVIEW OF STUDY BY GOVERNMENT ACCOUNT9 ABILITY OFFICE.—Not later than 120 days after submis10 sion of the report required under subsection (a), the 

11 Comptroller General of the United States shall review the 

12 report and submit an audit of the report to the Committee 

13 on Homeland Security and the Committee on the Judici14 ary of the House of Representatives and the committee 

15 on Homeland Security and Governmental Affairs and the 

16 Committee on the Judiciary of the Senate. 

17 SEC. 4. WESTERN HEMISPHERE TRAVEL INITIATIVE. 

18 (a) EXTENSION OF DEADLINE FOR IMPLEMENTA19 TION.—Subsection (b)(1) of section 7209 of the Intel20 ligence Reform and Terrorism Prevention Act of 2004 is 

21 amended— 

22 (1) in the first sentence, by inserting ‘‘on its 

23 own when produced’’ after ‘‘sufficient’’; and 

24 (2) in the second sentence, by striking ‘‘Janu25 ary 1, 2008’’ and inserting ‘‘September 15, 2009’’. 


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1 (b) PROHIBITION ON IMPLEMENTATION OF TIERED

2 APPROACH.—Subsection (b)(2) of section 7209 of such 

3 Act is amended by adding at the end the following new 

4 sentence: ‘‘The plan developed under paragraph (1) shall 

5 require the implementation at the same time of the docu6 mentation requirements described in such paragraph for 

7 all international travel, regardless of whether such travel 

8 is by air, sea, or land.’’. 

9 (c) TRAVEL TO CANADA AND MEXICO.—Section 

10 7209(b) of such Act is amended by adding at the end the 

11 following new paragraphs: 

12 ‘‘(3) PROCESS FOR UNITED STATES CITIZENS

13 LACKING REQUIRED DOCUMENTS.—The Secretary of 

14 Homeland Security, in consultation with the Sec15 retary of State, shall establish a process to permit 

16 a citizen of the United States who does not possess 

17 a passport or other document, or combination of 

18 documents, as required under paragraph (1), to re19 enter the United States at an international land bor20 der of the United States. 

21 ‘‘(4) SPECIAL RULE FOR CERTAIN MINORS.— 

22 United States citizens who are less than 16 years of 

23 age shall not be required to present to an immigra24 tion officer a passport or other document, or com25 bination of documents, as required under paragraph 


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1 (1), when returning to the United States from Can2 ada at any port of entry along the international land 

3 border between the United States and Canada.’’. 

4 (d) ISSUANCE BY DEPARTMENT OF STATE OF

5 NORTH AMERICAN TRAVEL CARDS.— 

6 (1) IN GENERAL.—In accordance with section 

7 7209 of the Intelligence Reform and Terrorism Pre8 vention Act of 2004, the Secretary of State, in con9 sultation with the Secretary of Homeland Security, 

10 shall issue to United States citizens who submit an 

11 application in accordance with paragraph (4) a trav12 el document that will serve as a North American 

13 travel card. The Secretary of State may refer to a 

14 North American travel card by any name the Sec15 retary determines appropriate. 

16 (2) APPLICABILITY.—A North American travel 

17 card shall be deemed to be a United States passport 

18 for the purpose of United States laws and regula19 tions relating to United States passports. 

20 (3) USE AND LIMITATION.—A North American 

21 travel card may be used for the purpose of facili22 tating international travel by United States citizens 

23 in accordance with section 7209(b) of the Intel24 ligence Reform and Terrorism Prevention Act of 

25 2004. The Secretary of State may limit the use of 


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1 a North American travel card to only international 

2 air travel. If the Secretary does so limit the use of 

3 a North American travel card, the Secretary shall 

4 submit to Congress a report explaining why the 

5 North American travel card is so limited. 

6 (4) APPLICATION FOR ISSUANCE.— 

7 (A) IN GENERAL.—To be issued a North 

8 American travel card, a United States citizen 

9 shall submit an application to the Secretary of 

10 State. Such application shall contain the same 

11 information as is required by the Secretary to 

12 determine citizenship, identity, and eligibility 

13 for issuance of a United States passport. 

14 (B) ACCEPTANCE OF APPLICATIONS.—The 

15 Secretary of State may begin accepting applica16 tions for North American travel cards beginning 

17 on the date that is one year after the date of 

18 the enactment of this Act. 

19 (C) RAPID ISSUANCE.—Not later than ten 

20 business days after receipt of an application 

21 (including any applicable fees) from a United 

22 States citizen for a North American travel card, 

23 the Secretary of State shall provide such citizen 

24 with such card. 


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1 (5) EXPEDITED TRAVELER PROGRAMS.—The 

2 North American travel card shall be designed and 

3 produced so as to provide a platform on which the 

4 expedited traveler programs of the Department of 

5 Homeland Security, such as NEXUS, NEXUS AIR, 

6 SENTRI, FAST, and Registered Traveler can be 

7 added. 

8 (6) FEE.—Except as in provided in paragraph 

9 (8), an applicant for a North American travel card 

10 shall submit an application under paragraph (4) to11 gether with a single nonrefundable fee in an amount 

12 to be determined by the Secretary of State. Fees for 

13 a North American travel card shall be deposited as 

14 an offsetting collection to the appropriate Depart15 ment of State appropriation, to remain available 

16 until expended. Such fee shall not exceed $20, and 

17 the Secretary shall seek to keep such fee as low as 

18 possible, based on the cost of service. 

19 (7) RULE OF CONSTRUCTION.—Nothing in this 

20 Act shall be construed as limiting, altering, modi21 fying, or otherwise affecting the validity of a United 

22 States passport. A United States citizen may possess 

23 a United States passport and a North American 

24 travel card. 


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1 (8) EXPEDITED PROCESSING.—The Secretary 

2 of State shall seek to expedite the speed with which 

3 North American travel cards are issued in response 

4 to citizens’ applications by whatever means possible 

5 in order to support spontaneous travel between bor6 der communities in the United States, Canada, and 

7 Mexico. 

8 (e) TRAVEL DOCUMENT FOR TRAVEL INTO UNITED

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

10 7209(b) of the Intelligence Reform and Terrorism Preven11 tion Act of 2004, a North American travel card issued 

12 under this section shall be considered a document suffi13 cient on its own when produced to denote identity and citi14 zenship for travel into the United States by United States 

15 citizens. 

16 (f) FOREIGN COOPERATION.—In order to maintain 

17 and encourage cross-border travel and trade, the Secretary 

18 of State and the Secretary of Homeland Security shall use 

19 all possible means to coordinate with the appropriate rep20 resentatives of foreign governments to ensure that their 

21 citizens and nationals possess, not later than September 

22 15, 2009, appropriate documentation to allow such citi23 zens and nationals to cross into the United States. 

24 (g) PUBLIC PROMOTION.—To promote travel and 

25 trade across the United States border, the Secretary of 


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1 State and the Secretary of Homeland Security shall de2 velop a public communications plan to promote to United 

3 States citizens, representatives of the travel and trade in4 dustries, and local government officials information relat5 ing to the North American travel card program and the 

6 expedited traveler programs of the Department of Home7 land Security. 

8 (h) PRIVATE COLLABORATION.—Not later than six 

9 months after the date of the enactment of this Act, the 

10 Secretary of State and the Secretary of Homeland Secu11 rity shall submit to Congress a report on their efforts to 

12 solicit policy suggestions from the private sector con13 cerning implementation of section 7209 of the Intelligence 

14 Reform and Terrorism Prevention Act of 2004. This re15 port should include the private sector’s recommendations 

16 concerning how air, sea, and land travel between countries 

17 in the Western Hemisphere can be improved while enhanc18 ing security. 

19 (i) ACCESSIBILITY.—In order to make the North 

20 American travel card easily obtainable, the Secretary of 

21 Homeland Security shall accept applications for the card 

22 at all NEXUS and FAST enrollment centers. 

23 (j) EQUIPMENT AT THE BORDERS.—The Secretary 

24 of Homeland Security shall ensure that, not later than 

25 September 15, 2009, all land border ports of entry along 


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1 the international land border of the United States and 

2 Canada and the United States and Mexico are equipped 

3 with the appropriate technology to read a North American 

4 travel card. 

5 (k) STATUTORY AUTHORITY.— 

6 (1) STATE DEPARTMENT BASIC AUTHORITIES

7 ACT OF 1956.—The State Department Basic Authori8 ties Act of 1956 is amended— 

9 (A) in section 3(m) (22 U.S.C. 2670(m)), 

10 by inserting ‘‘, North American travel card,’’ 

11 after ‘‘passport’’; 

12 (B) in section 4 (22 U.S.C. 2671)— 

13 (i) in subsection (b)(2)(I), by insert14 ing ‘‘, North American travel cards,’’ after 

15 ‘‘passports’’; and 

16 (ii) in subsection (d)(3), by inserting 

17 ‘‘or North American travel cards’’ after 

18 ‘‘passports’’; 

19 (C) in section 33(1) (22 U.S.C. 2705(1)), 

20 by striking ‘‘passport,’’ and inserting ‘‘passport 

21 or North American travel card,’’; 

22 (D) in section 37(a)(1) (22 U.S.C. 

23 2709(a)(1)), by inserting ‘‘, North American 

24 travel card,’’ after ‘‘passport’’; 

25 (E) in section 42 (22 U.S.C. 2714)— 


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1 (i) in subsection (a)— 

2 (I) in paragraph (1), by inserting 

3 ‘‘or North American travel card’’ after 

4 ‘‘passport’’ each place such term ap5 pears; and 

6 (II) in paragraph (2)— 

7 (aa) in the heading, by in8 serting ‘‘AND NORTH AMERICAN

9 TRAVEL CARD’’ after ‘‘PASS10 PORT’’; and 

11 (bb) by inserting ‘‘or North 

12 American travel card’’ after 

13 ‘‘passport’’ each place such term 

14 appears; and 

15 (ii) in subsection (d), by striking 

16 ‘‘passport,’’ and inserting ‘‘passport or 

17 North American travel card,’’; and 

18 (F) in section 49 (22 U.S.C. 2721)— 

19 (i) in the heading, by inserting ‘‘AND

20 NORTH AMERICAN TRAVEL CARDS’’ 

21 after ‘‘PASSPORTS’’; and 

22 (ii) by inserting ‘‘or North American 

23 travel card’’ after ‘‘passport’’. 

24 (2) ACT OF JULY 3, 1926.—Section 1 of the Act 

25 of July 3, 1926 (Chapter 772; 44 Stat. 887; 22 


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1 U.S.C. 211a), is amended by adding at the end the 

2 following new sentence: ‘‘Nothing in this section 

3 shall be construed to prevent the Secretary from 

4 issuing a passport in the form of a North American 

5 travel card that is valid for travel only through land 

6 border ports of entry between the United States and 

7 Canada and the United States and Mexico.’’. 

8 (3) IMMIGRATION AND NATIONALITY ACT.—The 

9 Immigration and Nationality Act is amended— 

10 (A) in section 215 (8 U.S.C. 1185)— 

11 (i) in subsection (b), by inserting ‘‘or 

12 North American travel card, if appro13 priate’’ after ‘‘passport’’; and 

14 (ii) in subsection (f), by inserting 

15 ‘‘North American travel cards (if appro16 priate),’’ after ‘‘Passports,’’; 

17 (B) in section 231(c)(5) (8 U.S.C. 

18 1221(c)(5)), by inserting ‘‘or North American 

19 travel card number, if appropriate’’ before the 

20 semicolon; 

21 (C) in section 241(c)(3)(B)(vi) (8 U.S.C. 

22 1231(c)(3)(B)(vi)), by inserting ‘‘or North 

23 American travel card’’ after ‘‘passport’’; and 


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1 (D) in section 274A(b)(1)(B)(i) (8 U.S.C. 

2 1324a(b)(1)(B)(i)), by inserting ‘‘or North 

3 American travel card’’ before the semicolon. 

4 (l) REPORTS.—The Secretary of State shall, on a 

5 quarterly basis during the first year of issuance of North 

6 American travel cards and on an annual basis thereafter, 

7 submit to Congress a report containing information relat8 ing to the number of North American travel cards issued 

9 during the immediately preceding quarter or year, as ap10 propriate, and the number of United States citizens in 

11 each State applying for such cards. 

12 SEC. 5. IMPROVING THE NEXUS AND FAST REGISTERED 

13 TRAVELER PROGRAMS. 

14 (a) MERGING REQUIREMENTS OF NEXUS AND

15 FAST.— 

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

17 Security shall merge the procedures for the pro18 grams described in subsection (k) into a single pro19 cedure, with common eligibility and security screen20 ing requirements, enrollment processes, and sanc21 tions regimes. 

22 (2) SPECIFIC REQUIREMENTS.—In carrying out 

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

24 (A) the procedures for the programs 

25 known as ‘‘NEXUS Highway’’, ‘‘NEXUS MaVerDate Aug 31 2005 05:32 Jun 09, 2006 Jkt 049196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5536.IH H5536

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1 rine’’, and ‘‘NEXUS Air’’ are integrated into 

2 such a single procedure; and 

3 (B) the processes relating to eligibility and 

4 security screening are identical to those for the 

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

6 on the date of the enactment of this Act. 

7 (b) INTEGRATING NEXUS AND FAST INFORMATION

8 SYSTEMS.—The Secretary of Homeland Security shall in9 tegrate all databases and information systems for the pro10 grams described in subsection (k) in a manner that will 

11 permit any identification card issued to a participant to 

12 operate in all locations where a program described in such 

13 subsection is operating. 

14 (c) CREATION OF NEXUS CONVERTIBLE LANES.— 

15 In order to expand the NEXUS program described in sub16 section (k)(2) to major northern border crossings, the Sec17 retary of Homeland Security, in consultation with appro18 priate representatives of the Government of Canada, shall 

19 equip the following northern border crossings with 

20 NEXUS technology: 

21 (1) Pembina, North Dakota. 

22 (2) Sault Ste. Marie, Michigan. 

23 (3) Alexandria Bay, New York. 

24 (4) Portal, North Dakota. 

25 (5) Sweet Grass, Montana. 


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1 (6) International Falls, Minnesota. 

2 (d) CREATION OF REMOTE ENROLLMENT CEN3 TERS.—The Secretary of Homeland Security, in consulta4 tion with appropriate representatives of the Government 

5 of Canada, shall create a minimum of six remote enroll6 ment centers for the programs described in subsection (k). 

7 Such a remote enrollment center shall be established at 

8 each of the border crossings described in subsection (c). 

9 (e) CREATION OF MOBILE ENROLLMENT CEN10 TERS.—The Secretary of Homeland Security, in consulta11 tion with appropriate representatives of the Government 

12 of Canada, shall create a minimum of four mobile enroll13 ment centers for the programs described in subsection (k). 

14 Such mobile enrollment centers shall be used to accept and 

15 process applications in areas currently underserved by 

16 such programs. The Secretary shall work with State and 

17 local authorities in determining the locations of such mo18 bile enrollment centers. 

19 (f) ON-LINE APPLICATION PROCESS.—The Secretary 

20 of Homeland Security shall design an on-line application 

21 process for the programs described in subsection (k). Such 

22 process shall permit individuals to securely submit their 

23 applications on-line and schedule a security interview at 

24 the nearest enrollment center. 

25 (g) PROMOTING ENROLLMENT.— 


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1 (1) CREATING INCENTIVES FOR ENROLL2 MENT.—In order to encourage applications for the 

3 programs described in subsection (k), the Secretary 

4 of Homeland Security shall develop a plan to admit 

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

6 card issued for each of such programs. The fee for 

7 the first renewal for participation in each such pro8 gram shall be waived. 

9 (2) CUSTOMER SERVICE PHONE NUMBER.—In 

10 order to provide potential applicants with timely in11 formation for the programs described in subsection 

12 (k), the Secretary of Homeland Security shall create 

13 a customer service telephone number for such pro14 grams. 

15 (3) PUBLICITY CAMPAIGN.—The Secretary shall 

16 carry out a program to educate the public regarding 

17 the benefits of the programs described in subsection 

18 (k). 

19 (h) TRAVEL DOCUMENT FOR TRAVEL INTO UNITED

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

21 7209(b) of the Intelligence Reform and Terrorism Preven22 tion Act of 2004, an identification card issued to a partici23 pant in a program described in subsection (k) shall be con24 sidered a document sufficient on its own when produced 

25 to denote identity and citizenship for travel into the 


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1 United States by United States citizens and by categories 

2 of individuals for whom documentation requirements have 

3 previously been waived under section 212(d)(4)(B) of the 

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

5 1182(d)(4)(B)). 

6 (i) CONSOLIDATED BACKGROUND CHECK PROC7 ESS.— 

8 (1) REQUIREMENT.—The Secretary of Home9 land Security, in consultation with the Attorney 

10 General, shall establish a single process for con11 ducting the security screening and background 

12 checks of individuals participating in any of the pro13 grams identified under paragraph (2). 

14 (2) INCLUDED PROGRAMS.—The process estab15 lished under paragraph (1) shall apply to the fol16 lowing programs: 

17 (A) The Transportation Worker Identifica18 tion Credential. 

19 (B) The security risk determination and 

20 related background checks under section 5103a 

21 of title 49, United States Code, performed by 

22 the Transportation Security Administration as 

23 part of the Department of Transportation Haz24 ardous Materials Endorsement credentialing 

25 program. 


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1 (C) The programs described in subsection 

2 (k). 

3 (D) The Secure Electronic Network for 

4 Travelers Rapid Inspection, or ‘‘SENTRI’’, pro5 gram authorized under section 286(q) of the 

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

7 1356(q)). 

8 (E) The Registered Traveler program of 

9 the Transportation Security Administration. 

10 (3) FEATURES OF PROCESS.—The process es11 tablished under paragraph (1) shall include the fol12 lowing: 

13 (A) A single submission of security screen14 ing information, including personal data and bi15 ometric information as appropriate, necessary 

16 to meet the security requirements of all applica17 ble departmental programs. 

18 (B) An ability to submit such security 

19 screening information at any location or 

20 through any process approved by the Secretary 

21 with respect to any of the applicable depart22 mental programs. 

23 (C) Acceptance by the Department of a se24 curity clearance or other credential issued by a 

25 Federal agency, to the extent that the security 


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1 clearance process of the agency satisfies re2 quirements that are at least as stringent as 

3 those of the applicable departmental programs 

4 under paragraph (2). 

5 (D) Appropriate standards and procedures 

6 for protecting individual privacy, confidentiality, 

7 record retention, and addressing other concerns 

8 relating to information security. 

9 (4) DEADLINES.—The Secretary of Homeland 

10 Security shall— 

11 (A) not later than six months after the 

12 date of the enactment of this Act, submit to the 

13 appropriate congressional committees (as de14 fined in section 2 of the Homeland Security Act 

15 of 2002 (6 U.S.C. 101)) a description of the 

16 process developed under this subsection; and 

17 (B) not later than 12 months after the 

18 date of the enactment of this Act, begin imple19 menting such process. 

20 (5) INCLUSION OF OTHER PROGRAMS.—The 

21 Secretary of Homeland Security shall review other 

22 existing or developing Department of Homeland Se23 curity programs that include security screening or 

24 background checks for participating individuals, and 

25 report to the appropriate congressional committees 


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1 (as defined in section 2 of the Homeland Security 

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

3 for inclusion of such additional programs in the con4 solidated screening process established under this 

5 section. 

6 (6) RELATIONSHIP TO OTHER LAWS.—Nothing 

7 in this subsection affects: 

8 (A) any statutory or regulatory require9 ment relating to the operation or standards of 

10 the programs described in paragraph (2). 

11 (B) any statutory requirement relating to 

12 title III of the Intelligence Reform and Ter13 rorism Prevention Act of 2004. 

14 (j) REPORTS.— 

15 (1) REPORT ON IMPLEMENTATION.—Not later 

16 than one year after the date of the enactment of this 

17 Act, the Secretary of Homeland Security shall sub18 mit to the appropriate congressional committees (as 

19 defined in section 2 of the Homeland Security Act 

20 of 2002 (6 U.S.C. 101)) a report on the implemen21 tation of subsections (a) through (i). 

22 (2) REPORT ON COORDINATION.—Not later 

23 than six months after the date of the enactment of 

24 this Act, the Secretary of Homeland Security shall 

25 submit to the appropriate congressional committees 


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1 (as defined in section 2 of the Homeland Security 

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

3 being performed to streamline and coordinate the 

4 following programs: 

5 (A) The programs described in subsection 

6 (k). 

7 (B) The Secure Electronic Network for 

8 Travelers Rapid Inspection, or ‘‘SENTRI’’, pro9 gram authorized under section 286(q) of the 

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

11 1356(q)). 

12 (C) The Registered Traveler program of 

13 the Transportation Security Administration. 

14 (k) PROGRAMS.—The programs described in this sub15 section are the following: 

16 (1) The FAST program authorized under sub17 part B of title IV of the Tariff Act of 1930 (19 

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

19 (2) The NEXUS program authorized under sec20 tion 286(q) of the Immigration and Nationality Act 

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


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1 SEC. 6. COST-BENEFIT ANALYSIS OF IMPLEMENTATION OF 

2 SECTION 7209(B) OF THE INTELLIGENCE RE3 FORM AND TERRORISM PREVENTION ACT OF 

4 2004. 

5 (a) IN GENERAL.—The Secretary of Homeland Secu6 rity shall, in accordance with subsection (c), conduct a 

7 cost-benefit analysis of the implementation of the require8 ments of section 7209(b) of the Intelligence Reform and 

9 Terrorism Prevention Act of 2004 with respect to the 

10 issuance and use of North American travel cards and 

11 NEXUS and FAST identification cards as documents suf12 ficient on their own when produced to denote identity and 

13 citizenship for travel into the United States. 

14 (b) PUBLICATION.— 

15 (1) RESULTS OF ANALYSIS AND NOTICE OF

16 PROPOSED RULEMAKING.—The Secretary shall pub17 lish in the Federal Register the results of the anal18 ysis required under subsection (a), together with a 

19 Notice of Proposed Rulemaking of the Department 

20 of Homeland Security with respect to the issuance of 

21 North American travel cards and NEXUS and 

22 FAST identification cards as satisfying the require23 ments of section 7209(b) of the Intelligence Reform 

24 and Terrorism Prevention Act of 2004 (commonly 

25 referred to as the Western Hemisphere Travel Ini26 tiative). 


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1 (2) TIME FOR PUBLICATION.—The Secretary 

2 may not publish in the Federal Register the Notice 

3 of Proposed Rulemaking referred to in paragraph 

4 (1) until the report required under section 3(a) has 

5 been submitted to the committees specified in sub6 section (a) of such section. 

7 (c) PROGRAM.—The Secretary shall conduct the anal8 ysis required under subsection (a) in accordance with the 

9 requirements for a significant regulatory action as set 

10 forth and defined in Executive Order 12866 (issued on 

11 September 30, 1993; published in the Federal Register on 

12 October 4, 1993). Such analysis shall include the following 

13 information: 

14 (1) An assessment, including the underlying 

15 analysis, of benefits anticipated from the regulatory 

16 action (such as the promotion of the efficient func17 tioning of the economic and private markets, the en18 hancement of health and safety, the protection of 

19 the natural environment, and the elimination or re20 duction of discrimination or bias) together with, to 

21 the extent feasible, a quantification of those benefits. 

22 (2) An assessment, including the underlying 

23 analysis, of costs anticipated from the regulatory ac24 tion (such as the direct cost both to the United 

25 States Government in administering the regulation 


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1 and to businesses and others in complying with the 

2 regulation, and any adverse effects on the efficient 

3 functioning of the economy, private markets (includ4 ing productivity, employment, and competitiveness), 

5 health, safety, and the natural environment), to6 gether with, to the extent feasible, a quantification 

7 of those costs. 

8 (3) An assessment, including the underlying 

9 analysis, of costs and benefits of potentially effective 

10 and reasonably feasible alternatives to the planned 

11 regulation, identified by the agencies or the public 

12 (including improving the current regulation and rea13 sonably viable nonregulatory actions), and an expla14 nation why the planned regulatory action is pref15 erable to potential alternatives. 

16 (d) SUBSEQUENT PUBLICATION.—The Secretary 

17 shall publish in the Federal Register after publication of 

18 the analysis and the Notice of Proposed Rulemaking under 

19 subsection (b) information that— 

20 (1) identifies for the public, in a complete, 

21 clear, and simple manner, the substantive changes 

22 between the draft of the proposed regulatory action 

23 submitted to the Office of Information and Regu24 latory Affairs of the Office of Management and 


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1 Budget for review and the action subsequently an2 nounced; and 

3 (2) identifies for the public those changes in the 

4 regulatory action that were made at the suggestion 

5 or recommendation of the Office of Information and 

6 Regulatory Affairs. 

Æ 


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