I 

110TH CONGRESS 

1ST SESSION H. R. 1061 

To implement the Western Hemisphere Travel Initiative and other registered 

traveler programs of the Department of Homeland Security. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2007 

Ms. SLAUGHTER (for herself, Mr. MCHUGH, Mr. PETERSON of Minnesota, 

and Mr. MANZULLO) introduced the following bill; which was referred to 

the Committee on Homeland Security, and in addition to the Committees 

on Foreign Affairs 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 2007’’. 

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. PILOT PROGRAM FOR LAND AND SEA INTER13 NATIONAL TRAVEL AND REPORT ON EXIST14 ING DOCUMENTATION REQUIREMENTS. 

15 (a) PILOT PROGRAM.— 

16 (1) IN GENERAL.—Not later than 120 days 

17 after the date of the enactment of this Act, the Sec18 retary of Homeland Security, in consultation with 

19 the Secretary of State, shall enter into an agreement 

20 with at least one eligible State to conduct a pilot 

21 program to determine if the driver’s license of such 

22 State may be enhanced so as to satisfy the require23 ments of section 7209(b) of the Intelligence Reform 

24 and Terrorism Prevention Act of 2004 (Public Law 

25 108–458) (commonly referred to as the ‘‘Western 


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1 Hemisphere Travel Initiative’’) with respect to land 

2 and sea travel only. 

3 (2) AIR TRAVEL EXCLUDED.—The pilot pro4 gram described in paragraph (1) may not include air 

5 travel. 

6 (3) VOLUNTARY INDIVIDUAL PARTICIPATION.— 

7 (A) IN GENERAL.—Participation in the 

8 pilot program described in paragraph (1) by a 

9 citizen of the eligible State shall be voluntary. 

10 (B) EXTRA COST.—If a citizen of the eligi11 ble State wishes to participate in the pilot pro12 gram, such citizen may be required to pay an 

13 additional reasonable fee to be determined by 

14 such State for a driver’s license that satisfies 

15 the requirements referred to in paragraph (1). 

16 (4) ELIGIBILITY.—To be eligible to participate 

17 in the pilot program under this subsection, a State 

18 shall submit to the Secretary of Homeland Security 

19 an application at such time, in such manner, and 

20 containing such information as the Secretary may 

21 require. 

22 (5) EXTENSION.—The Secretary of Homeland 

23 Security may extend the pilot program to include at 

24 least one Province of Canada. 


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1 (b) REPORT.—Not later than one year after the initi2 ation of the pilot program described in subsection (a), the 

3 Secretary of Homeland Security, in consultation with the 

4 Secretary of State, shall submit to the Committee on 

5 Homeland Security of the House of Representatives and 

6 the Committee on Homeland Security and Governmental 

7 Affairs of the Senate a report examining the feasibility, 

8 method, cost, and time period of implementation, cost and 

9 security advantages, if any, and the impact on cross-bor10 der traffic of using a State driver’s license that satisfies 

11 the requirements referred in subsection (a)(1). 

12 (c) REVIEW BY GOVERNMENT ACCOUNTABILITY OF13 FICE.—Not later than 45 days after submission of the re14 port required under subsection (b), the Comptroller Gen15 eral of the United States shall review the report and sub16 mit an audit of the report to the Committee on Homeland 

17 Security of the House of Representatives and the com18 mittee on Homeland Security and Governmental Affairs 

19 of the Senate. 

20 (d) PROHIBITION REGARDING TIMING OF ISSUANCE

21 OF FINAL RULE.—The Secretary of Homeland Security 

22 may not publish in the Federal Register a Final Rule with 

23 respect to the issuance of identification cards, such as 

24 State driver’s licenses pursuant to the pilot program con25 ducted under subsection (a), passport cards issued under 


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1 section 4(b), and the expedited traveler programs of the 

2 Department of Homeland Security, such as NEXUS, 

3 NEXUS AIR, SENTRI, FAST, and Registered Traveler, 

4 that satisfy the requirements of section 7209(b) of the In5 telligence Reform and Terrorism Prevention Act of 2004 

6 until such pilot program has been completed. 

7 SEC. 4. WESTERN HEMISPHERE TRAVEL INITIATIVE. 

8 (a) TRAVEL TO CANADA AND MEXICO.—Section 

9 7209(b) of the Intelligence Reform and Terrorism Preven10 tion Act of 2004 is amended by adding at the end the 

11 following new paragraphs: 

12 ‘‘(3) PROCESS FOR UNITED STATES CITIZENS

13 LACKING REQUIRED DOCUMENTS.—In order to ad14 dress spontaneous travel, the Secretary of Homeland 

15 Security, in consultation with the Secretary of State, 

16 shall establish a process to permit a citizen of the 

17 United States who does not possess a passport or 

18 other document, or combination of documents, as re19 quired under paragraph (1), to re-enter the United 

20 States at an international land or maritime border 

21 of the United States. The process referred to in this 

22 paragraph shall terminate on the date that is 180 

23 days after the date of the implementation of the 

24 plan described in paragraph (1)(A). 


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

2 Except as provided in paragraph (5), citizens of the 

3 United States or Canada who are less than 17 years 

4 of age shall not be required to present to an immi5 gration officer a passport or other document, or 

6 combination of documents, as required under para7 graph (1), when returning or traveling to the United 

8 States from Canada, Mexico, Bermuda, or the 

9 Carribean at any port of entry along the inter10 national land or maritime border of the United 

11 States. 

12 ‘‘(5) SPECIAL RULE FOR CERTAIN STUDENT MI13 NORS TRAVELING AS PART OF AN AUTHORIZED AND

14 SUPERVISED SCHOOL TRIP.—Notwithstanding the 

15 special rule described in paragraph (4), the Sec16 retary of Homeland Security, in consultation with 

17 the Secretary of State, is authorized to consider ex18 panding the special rule for certain minors described 

19 in such paragraph to a citizen of the United States 

20 or Canada who is less than 19 years of age but is 

21 17 years of age or older and who is traveling be22 tween the United States and Canada at any port of 

23 entry along the international or maritime border be24 tween the two countries if such citizen is so traveling 


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1 as a student as part of an authorized and supervised 

2 school trip.’’. 

3 (b) ISSUANCE BY DEPARTMENT OF STATE OF PASS4 PORT CARDS.— 

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

6 7209 of the Intelligence Reform and Terrorism Pre7 vention Act of 2004, the Secretary of State, in con8 sultation with the Secretary of Homeland Security, 

9 shall issue to United States citizens who submit an 

10 application in accordance with paragraph (4) a trav11 el document that will serve as a passport card. The 

12 Secretary of State may refer to a passport card by 

13 any name the Secretary determines appropriate. 

14 (2) APPLICABILITY.—A passport card shall be 

15 deemed to be a United States passport for the pur16 pose of United States laws and regulations relating 

17 to United States passports. 

18 (3) USE AND LIMITATION.—A passport card 

19 may be used for the purpose of facilitating inter20 national travel by United States citizens in accord21 ance with section 7209(b) of the Intelligence Reform 

22 and Terrorism Prevention Act of 2004. The Sec23 retary of State may limit the use of a passport card 

24 to only international land and sea travel. If the Sec25 retary does so limit the use of a passport card, the 


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1 Secretary shall, not later than 45 days after so lim2 iting such use, submit to Congress a report explain3 ing why the passport card is so limited. 

4 (4) APPLICATION FOR ISSUANCE.—To be issued 

5 a passport card, a United States citizen shall submit 

6 an application to the Secretary of State. Such appli7 cation shall contain the same information as is re8 quired by the Secretary to determine citizenship, 

9 identity, and eligibility for issuance of a United 

10 States passport. 

11 (5) FEE.— 

12 (A) LIMITATION ON FEE.—An applicant 

13 for a passport card shall submit an application 

14 under paragraph (4) together with a single non15 refundable fee in an amount to be determined 

16 by the Secretary of State. Subject to subpara17 graphs (B) and (C), such fee shall not exceed 

18 $20 (representing the total of the execution fee 

19 attributable to authorized acceptance agents 

20 and the adjudication fee attributable to the De21 partment of State), and the Secretary shall seek 

22 to keep such fee as low as possible, based on 

23 the cost of service. 

24 (B) PERIOD OF VALIDITY OF FEE.—The 

25 period of validity of the $20 fee referred to in 


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1 subparagraph (A) shall terminate on the date 

2 that is one year after the date of the initial 

3 issuance of such passport cards. 

4 (C) TIME FOR DELIVERY OF PASSPORT

5 CARD.—The Secretary shall ensure that, not 

6 later than ten business days after receipt of an 

7 application for a passport card, such passport 

8 card is mailed to the United States citizen who 

9 submitted such an application. 

10 (6) EXPEDITED TRAVELER PROGRAMS.—The 

11 passport card shall be designed and produced so as 

12 to provide a platform on which the expedited traveler 

13 programs of the Department of Homeland Security, 

14 such as NEXUS, NEXUS AIR, SENTRI, FAST, 

15 and Registered Traveler can be added. 

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

17 Act shall be construed as limiting, altering, modi18 fying, or otherwise affecting the validity of a United 

19 States passport. A United States citizen may possess 

20 a United States passport and a passport card. 

21 (c) TRAVEL DOCUMENT FOR TRAVEL INTO UNITED

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

23 7209(b) of the Intelligence Reform and Terrorism Preven24 tion Act of 2004, a passport card issued under this section 

25 shall be considered a document sufficient on its own when 


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1 produced to denote identity and citizenship for travel into 

2 the United States by United States citizens. 

3 (d) FOREIGN COOPERATION.—In order to maintain 

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

5 of State and the Secretary of Homeland Security shall use 

6 all possible means to coordinate with the appropriate rep7 resentatives of foreign governments to ensure that their 

8 citizens and nationals possess, not later than June 1, 

9 2009, or the date that is 60 days after the date of the 

10 issuance of the Final Rule under section 3(d), whichever 

11 is earlier, appropriate documentation to allow such citizens 

12 and nationals to cross into the United States. 

13 (e) PUBLIC OUTREACH.—To promote travel and 

14 trade across the United States border, the Secretary of 

15 Homeland Security and the Secretary of State shall de16 velop a public communications plan to promote to United 

17 States citizens, representatives of the travel and trade in18 dustries, and local government officials information relat19 ing to the use of a State driver’s license pursuant to the 

20 pilot program conducted under section 3(a), the passport 

21 card program, and the expedited traveler programs of the 

22 Department of Homeland Security. The Secretary of 

23 Homeland Security and the Secretary of State shall co24 ordinate with representatives of the travel and trade in25 dustries in the development of such public communications 


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1 plan. Such public communications plan shall include 

2 placed advertisements in major media outlets in both the 

3 United States and Canada. 

4 (f) ACCESSIBILITY.—In order to make the passport 

5 card easily obtainable, the Secretary of Homeland Security 

6 and the Secretary of State shall accept applications for 

7 the card at all NEXUS and FAST enrollment centers. 

8 (g) STATUTORY AUTHORITY.— 

9 (1) STATE DEPARTMENT BASIC AUTHORITIES

10 ACT OF 1956.—The State Department Basic Authori11 ties Act of 1956 is amended— 

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

13 by inserting ‘‘, passport card,’’ after ‘‘pass14 port’’; 

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

16 (i) in subsection (b)(2)(I), by insert17 ing ‘‘, passport cards,’’ after ‘‘passports’’; 

18 and 

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

20 ‘‘or passport cards’’ after ‘‘passports’’; 

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

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

23 or passport card,’’; 


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

2 2709(a)(1)), by inserting ‘‘, passport card,’’ 

3 after ‘‘passport’’; 

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

5 (i) in subsection (a)— 

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

7 ‘‘or passport card’’ after ‘‘passport’’ 

8 each place such term appears; and 

9 (II) in paragraph (2)— 

10 (aa) in the heading, by in11 serting ‘‘AND PASSPORT CARD’’ 

12 after ‘‘PASSPORT’’; and 

13 (bb) by inserting ‘‘or pass14 port card’’ after ‘‘passport’’ each 

15 place such term appears; and 

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

17 ‘‘passport,’’ and inserting ‘‘passport or 

18 passport card,’’; and 

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

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

21 PASSPORT CARDS’’ after ‘‘PASSPORTS’’; 

22 and 

23 (ii) by inserting ‘‘or passport card’’ 

24 after ‘‘passport’’. 


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

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

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

4 following new sentence: ‘‘Nothing in this section 

5 shall be construed to prevent the Secretary from 

6 issuing a passport in the form of a passport card 

7 that is valid for travel only through land and mari8 time border ports of entry between the United 

9 States and Canada and the United States and Mex10 ico.’’. 

11 (3) IMMIGRATION AND NATIONALITY ACT.—The 

12 Immigration and Nationality Act is amended— 

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

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

15 passport card, if appropriate’’ after ‘‘pass16 port’’; and 

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

18 ‘‘passport cards (if appropriate),’’ after 

19 ‘‘Passports,’’; 

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

21 1221(c)(5)), by inserting ‘‘or passport card 

22 number, if appropriate’’ before the semicolon; 

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

24 1231(c)(3)(B)(vi)), by inserting ‘‘or passport 

25 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 passport 

3 card’’ before the semicolon. 

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

5 quarterly basis during the first year of issuance of pass6 port cards and on an annual basis thereafter, submit to 

7 Congress a report containing information relating to the 

8 number of passport cards issued during the immediately 

9 preceding quarter or year, as appropriate, and the number 

10 of United States citizens in each State applying for such 

11 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 00:32 Feb 18, 2007 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1061.IH H1061

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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 in an amount that is as inexpensive as 

6 possible per card issued for each of such programs. 

7 The fee for the first renewal for participation in 

8 each such program shall be waived. The Secretary 

9 shall submit to the Committee on Homeland Secu10 rity of the House of Representatives and the Com11 mittee on Homeland Security and Governmental Af12 fairs of the Senate a report that explains the reasons 

13 for the fee that is established. 

14 (2) CUSTOMER SERVICE PHONE NUMBER.—In 

15 order to provide potential applicants with timely in16 formation for the programs described in subsection 

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

18 a customer service telephone number for such pro19 grams. 

20 (3) PUBLICITY CAMPAIGN.—The Secretary shall 

21 carry out a program to educate the public regarding 

22 the benefits of the programs described in subsection 

23 (k). 

24 (h) TRAVEL DOCUMENT FOR TRAVEL INTO UNITED

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


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1 7209(b) of the Intelligence Reform and Terrorism Preven2 tion Act of 2004, an identification card issued to a partici3 pant in a program described in subsection (k) shall be con4 sidered a document sufficient on its own when produced 

5 to denote identity and citizenship for travel into the 

6 United States by United States citizens and by categories 

7 of individuals for whom documentation requirements have 

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

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

10 1182(d)(4)(B)). 

11 (i) CONSOLIDATED BACKGROUND CHECK PROC12 ESS.— 

13 (1) REQUIREMENT.—The Secretary of Home14 land Security, in consultation with the Attorney 

15 General, shall establish a single process for con16 ducting the security screening and background 

17 checks of individuals participating in any of the pro18 grams identified under paragraph (2). 

19 (2) INCLUDED PROGRAMS.—The process estab20 lished under paragraph (1) shall apply to the fol21 lowing programs: 

22 (A) The Transportation Worker Identifica23 tion Credential. 

24 (B) The security risk determination and 

25 related background checks under section 5103a 


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1 of title 49, United States Code, performed by 

2 the Transportation Security Administration as 

3 part of the Department of Transportation Haz4 ardous Materials Endorsement credentialing 

5 program. 

6 (C) The programs described in subsection 

7 (k). 

8 (D) The Secure Electronic Network for 

9 Travelers Rapid Inspection, or ‘‘SENTRI’’, pro10 gram authorized under section 286(q) of the 

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

12 1356(q)). 

13 (E) The Registered Traveler program of 

14 the Transportation Security Administration. 

15 (3) FEATURES OF PROCESS.—The process es16 tablished under paragraph (1) shall include the fol17 lowing: 

18 (A) A single submission of security screen19 ing information, including personal data and bi20 ometric information as appropriate, necessary 

21 to meet the security requirements of all applica22 ble departmental programs. 

23 (B) An ability to submit such security 

24 screening information at any location or 

25 through any process approved by the Secretary 


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1 with respect to any of the applicable depart2 mental programs. 

3 (C) Acceptance by the Department of a se4 curity clearance or other credential issued by a 

5 Federal agency, to the extent that the security 

6 clearance process of the agency satisfies re7 quirements that are at least as stringent as 

8 those of the applicable departmental programs 

9 under paragraph (2). 

10 (D) Appropriate standards and procedures 

11 for protecting individual privacy, confidentiality, 

12 record retention, and addressing other concerns 

13 relating to information security. 

14 (4) DEADLINES.—The Secretary of Homeland 

15 Security shall— 

16 (A) not later than six months after the 

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

18 appropriate congressional committees (as de19 fined in section 2 of the Homeland Security Act 

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

21 process developed under this subsection; and 

22 (B) not later than 12 months after the 

23 date of the enactment of this Act, begin imple24 menting such process. 


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1 (5) INCLUSION OF OTHER PROGRAMS.—The 

2 Secretary of Homeland Security shall review other 

3 existing or developing Department of Homeland Se4 curity programs that include security screening or 

5 background checks for participating individuals, and 

6 report to the appropriate congressional committees 

7 (as defined in section 2 of the Homeland Security 

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

9 for inclusion of such additional programs in the con10 solidated screening process established under this 

11 section. 

12 (6) RELATIONSHIP TO OTHER LAWS.—Nothing 

13 in this subsection affects: 

14 (A) any statutory or regulatory require15 ment relating to the operation or standards of 

16 the programs described in paragraph (2). 

17 (B) any statutory requirement relating to 

18 title III of the Intelligence Reform and Ter19 rorism Prevention Act of 2004. 

20 (j) REPORTS.— 

21 (1) REPORT ON IMPLEMENTATION.—Not later 

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

23 Act, the Secretary of Homeland Security shall sub24 mit to the appropriate congressional committees (as 

25 defined in section 2 of the Homeland Security Act 


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1 of 2002 (6 U.S.C. 101)) a report on the implemen2 tation of subsections (a) through (i). 

3 (2) REPORT ON COORDINATION.—Not later 

4 than six months after the date of the enactment of 

5 this Act, the Secretary of Homeland Security shall 

6 submit to the appropriate congressional committees 

7 (as defined in section 2 of the Homeland Security 

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

9 being performed to streamline and coordinate the 

10 following programs: 

11 (A) The programs described in subsection 

12 (k). 

13 (B) The Secure Electronic Network for 

14 Travelers Rapid Inspection, or ‘‘SENTRI’’, pro15 gram authorized under section 286(q) of the 

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

17 1356(q)). 

18 (C) The Registered Traveler program of 

19 the Transportation Security Administration. 

20 (k) PROGRAMS.—The programs described in this sub21 section are the following: 

22 (1) The FAST program authorized under sub23 part B of title IV of the Tariff Act of 1930 (19 

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


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1 (2) The NEXUS program authorized under sec2 tion 286(q) of the Immigration and Nationality Act 

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

4 SEC. 6. COST-BENEFIT ANALYSIS. 

5 (a) COST-BENEFIT ANALYSIS.—The Secretary of 

6 Homeland Security shall, in accordance with subsection 

7 (b), conduct a cost-benefit analysis of the implementation 

8 of the requirements of section 7209(b) of the Intelligence 

9 Reform and Terrorism Prevention Act of 2004 with re10 spect to the issuance and use of identification cards, in11 cluding, if appropriate, State driver’s licenses pursuant to 

12 the pilot program conducted under section 3(a), passport 

13 cards issued under section 4(b), and the expedited traveler 

14 programs of the Department of Homeland Security, such 

15 as NEXUS, NEXUS AIR, SENTRI, FAST, and Reg16 istered Traveler, as documents sufficient on their own 

17 when produced to denote identity and citizenship for travel 

18 into the United States. 

19 (b) INFORMATION REGARDING ANALYSIS.—The Sec20 retary shall conduct the analysis required under sub21 section (a) in accordance with the requirements for a sig22 nificant regulatory action as set forth and defined in Exec23 utive Order 12866 (issued on September 30, 1993; pub24 lished in the Federal Register on October 4, 1993). Such 

25 analysis shall include the following information: 


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1 (1) An assessment, including the underlying 

2 analysis, of benefits anticipated from the regulatory 

3 action (such as the promotion of the efficient func4 tioning of the economic and private markets, the en5 hancement of health and safety, the protection of 

6 the natural environment, and the elimination or re7 duction of discrimination or bias) together with, to 

8 the extent feasible, a quantification of those benefits. 

9 (2) An assessment, including the underlying 

10 analysis, of costs anticipated from the regulatory ac11 tion (such as the direct cost both to the United 

12 States Government in administering the regulation 

13 and to businesses and others in complying with the 

14 regulation, and any adverse effects on the efficient 

15 functioning of the economy, private markets (includ16 ing productivity, employment, and competitiveness), 

17 health, safety, and the natural environment), to18 gether with, to the extent feasible, a quantification 

19 of those costs. 

20 (3) An assessment, including the underlying 

21 analysis, of costs and benefits of potentially effective 

22 and reasonably feasible alternatives to the planned 

23 regulation, identified by the agencies or the public 

24 (including improving the current regulation and rea25 sonably viable nonregulatory actions), and an explaVerDate Aug 31 2005 00:32 Feb 18, 2007 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1061.IH H1061

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25 

•HR 1061 IH

1 nation why the planned regulatory action is pref2 erable to potential alternatives. 

3 (c) TIME FOR PUBLICATION.—The Secretary shall 

4 publish in the Federal Register the results of the analysis 

5 together with the Final Rule implementing section 

6 7209(b) of the Intelligence Reform and Terrorism Preven7 tion Act of 2004, including information that— 

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

9 clear, and simple manner, the substantive changes 

10 between the draft of the proposed regulatory action 

11 submitted to the Office of Information and Regu12 latory Affairs of the Office of Management and 

13 Budget for review and the action subsequently an14 nounced; and 

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

16 regulatory action that were made at the suggestion 

17 or recommendation of the Office of Information and 

18 Regulatory Affairs. 

Æ 


jcorcoran on PROD1PC62 with BILLS