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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1061 Introduced in House (IH)]

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.

    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 ``Protecting American Commerce and 
Travel Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Approximately 23 million United States citizens 
        annually cross the northern or southern border.
            (2) Twenty-seven percent of United States citizens and 40 
        percent of Canadian citizens possess a valid passport.
            (3) Canada is the United States largest trading partner, 
        with an average of $1.1 billion in goods crossing the United 
        States-Canada border every day.
            (4) In 2004, Canadians made 14 million visits to the United 
        States and spent $10.3 billion in the United States.

SEC. 3. PILOT PROGRAM FOR LAND AND SEA INTERNATIONAL TRAVEL AND REPORT 
              ON EXISTING DOCUMENTATION REQUIREMENTS.

    (a) Pilot Program.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        in consultation with the Secretary of State, shall enter into 
        an agreement with at least one eligible State to conduct a 
        pilot program to determine if the driver's license of such 
        State may be enhanced so as to satisfy the requirements of 
        section 7209(b) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (Public Law 108-458) (commonly referred 
        to as the ``Western Hemisphere Travel Initiative'') with 
        respect to land and sea travel only.
            (2) Air travel excluded.--The pilot program described in 
        paragraph (1) may not include air travel.
            (3) Voluntary individual participation.--
                    (A) In general.--Participation in the pilot program 
                described in paragraph (1) by a citizen of the eligible 
                State shall be voluntary.
                    (B) Extra cost.--If a citizen of the eligible State 
                wishes to participate in the pilot program, such 
                citizen may be required to pay an additional reasonable 
                fee to be determined by such State for a driver's 
                license that satisfies the requirements referred to in 
                paragraph (1).
            (4) Eligibility.--To be eligible to participate in the 
        pilot program under this subsection, a State shall submit to 
        the Secretary of Homeland Security an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require.
            (5) Extension.--The Secretary of Homeland Security may 
        extend the pilot program to include at least one Province of 
        Canada.
    (b) Report.--Not later than one year after the initiation of the 
pilot program described in subsection (a), the Secretary of Homeland 
Security, in consultation with the Secretary of State, shall submit to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report examining the feasibility, method, cost, and time 
period of implementation, cost and security advantages, if any, and the 
impact on cross-border traffic of using a State driver's license that 
satisfies the requirements referred in subsection (a)(1).
    (c) Review by Government Accountability Office.--Not later than 45 
days after submission of the report required under subsection (b), the 
Comptroller General of the United States shall review the report and 
submit an audit of the report to the Committee on Homeland Security of 
the House of Representatives and the committee on Homeland Security and 
Governmental Affairs of the Senate.
    (d) Prohibition Regarding Timing of Issuance of Final Rule.--The 
Secretary of Homeland Security may not publish in the Federal Register 
a Final Rule with respect to the issuance of identification cards, such 
as State driver's licenses pursuant to the pilot program conducted 
under subsection (a), passport cards issued under section 4(b), and the 
expedited traveler programs of the Department of Homeland Security, 
such as NEXUS, NEXUS AIR, SENTRI, FAST, and Registered Traveler, that 
satisfy the requirements of section 7209(b) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 until such pilot program has been 
completed.

SEC. 4. WESTERN HEMISPHERE TRAVEL INITIATIVE.

    (a) Travel to Canada and Mexico.--Section 7209(b) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 is amended by 
adding at the end the following new paragraphs:
            ``(3) Process for united states citizens lacking required 
        documents.--In order to address spontaneous travel, the 
        Secretary of Homeland Security, in consultation with the 
        Secretary of State, shall establish a process to permit a 
        citizen of the United States who does not possess a passport or 
        other document, or combination of documents, as required under 
        paragraph (1), to re-enter the United States at an 
        international land or maritime border of the United States. The 
        process referred to in this paragraph shall terminate on the 
        date that is 180 days after the date of the implementation of 
        the plan described in paragraph (1)(A).
            ``(4) Special rule for certain minors .--Except as provided 
        in paragraph (5), citizens of the United States or Canada who 
        are less than 17 years of age shall not be required to present 
        to an immigration officer a passport or other document, or 
        combination of documents, as required under paragraph (1), when 
        returning or traveling to the United States from Canada, 
        Mexico, Bermuda, or the Carribean at any port of entry along 
        the international land or maritime border of the United States.
            ``(5) Special rule for certain student minors traveling as 
        part of an authorized and supervised school trip.--
        Notwithstanding the special rule described in paragraph (4), 
        the Secretary of Homeland Security, in consultation with the 
        Secretary of State, is authorized to consider expanding the 
        special rule for certain minors described in such paragraph to 
        a citizen of the United States or Canada who is less than 19 
        years of age but is 17 years of age or older and who is 
        traveling between the United States and Canada at any port of 
        entry along the international or maritime border between the 
        two countries if such citizen is so traveling as a student as 
        part of an authorized and supervised school trip.''.
    (b) Issuance by Department of State of Passport Cards.--
            (1) In general.--In accordance with section 7209 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004, the 
        Secretary of State, in consultation with the Secretary of 
        Homeland Security, shall issue to United States citizens who 
        submit an application in accordance with paragraph (4) a travel 
        document that will serve as a passport card. The Secretary of 
        State may refer to a passport card by any name the Secretary 
        determines appropriate.
            (2) 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.
            (3) Use and limitation.--A passport card may be used for 
        the purpose of facilitating international travel by United 
        States citizens in accordance with section 7209(b) of the 
        Intelligence Reform and Terrorism Prevention Act of 2004. The 
        Secretary of State may limit the use of a passport card to only 
        international land and sea travel. If the Secretary does so 
        limit the use of a passport card, the Secretary shall, not 
        later than 45 days after so limiting such use, submit to 
        Congress a report explaining why the passport card is so 
        limited.
            (4) Application for issuance.--To be issued a passport 
        card, a United States citizen shall submit an application to 
        the Secretary of State. Such application shall contain the same 
        information as is required by the Secretary to determine 
        citizenship, identity, and eligibility for issuance of a United 
        States passport.
            (5) Fee.--
                    (A) Limitation on fee.--An applicant for a passport 
                card shall submit an application under paragraph (4) 
                together with a single nonrefundable fee in an amount 
                to be determined by the Secretary of State. Subject to 
                subparagraphs (B) and (C), such fee shall not exceed 
                $20 (representing the total of the execution fee 
                attributable to authorized acceptance agents and the 
                adjudication fee attributable to the Department of 
                State), and the Secretary shall seek to keep such fee 
                as low as possible, based on the cost of service.
                    (B) Period of validity of fee.--The period of 
                validity of the $20 fee referred to in subparagraph (A) 
                shall terminate on the date that is one year after the 
                date of the initial issuance of such passport cards.
                    (C) Time for delivery of passport card.--The 
                Secretary shall ensure that, not later than ten 
                business days after receipt of an application for a 
                passport card, such passport card is mailed to the 
                United States citizen who submitted such an 
                application.
            (6) Expedited traveler programs.--The passport card shall 
        be designed and produced so as to provide a platform on which 
        the expedited traveler programs of the Department of Homeland 
        Security, such as NEXUS, NEXUS AIR, SENTRI, FAST, and 
        Registered Traveler can be added.
            (7) Rule of construction.--Nothing in this Act 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.
    (c) Travel Document for Travel Into United States.--For purposes of 
the plan required under section 7209(b) of the Intelligence Reform and 
Terrorism Prevention Act of 2004, a passport card issued under this 
section shall be considered a document sufficient on its own when 
produced to denote identity and citizenship for travel into the United 
States by United States citizens.
    (d) Foreign Cooperation.--In order to maintain and encourage cross-
border travel and trade, the Secretary of State and the Secretary of 
Homeland Security shall use all possible means to coordinate with the 
appropriate representatives of foreign governments to ensure that their 
citizens and nationals possess, not later than June 1, 2009, or the 
date that is 60 days after the date of the issuance of the Final Rule 
under section 3(d), whichever is earlier, appropriate documentation to 
allow such citizens and nationals to cross into the United States.
    (e) Public Outreach.--To promote travel and trade across the United 
States border, the Secretary of Homeland Security and the Secretary of 
State shall develop a public communications plan to promote to United 
States citizens, representatives of the travel and trade industries, 
and local government officials information relating to the use of a 
State driver's license pursuant to the pilot program conducted under 
section 3(a), the passport card program, and the expedited traveler 
programs of the Department of Homeland Security. The Secretary of 
Homeland Security and the Secretary of State shall coordinate with 
representatives of the travel and trade industries in the development 
of such public communications plan. Such public communications plan 
shall include placed advertisements in major media outlets in both the 
United States and Canada.
    (f) Accessibility.--In order to make the passport card easily 
obtainable, the Secretary of Homeland Security and the Secretary of 
State shall accept applications for the card at all NEXUS and FAST 
enrollment centers.
    (g) Statutory Authority.--
            (1) State department basic authorities act of 1956.--The 
        State Department Basic Authorities Act of 1956 is amended--
                    (A) in section 3(m) (22 U.S.C. 2670(m)), by 
                inserting ``, passport card,'' after ``passport'';
                    (B) in section 4 (22 U.S.C. 2671)--
                            (i) in subsection (b)(2)(I), by inserting 
                        ``, passport cards,'' after ``passports''; and
                            (ii) in subsection (d)(3), by inserting 
                        ``or passport cards'' after ``passports'';
                    (C) in section 33(1) (22 U.S.C. 2705(1)), by 
                striking ``passport,'' and inserting ``passport or 
                passport card,'';
                    (D) in section 37(a)(1) (22 U.S.C. 2709(a)(1)), by 
                inserting ``, passport card,'' after ``passport'';
                    (E) in section 42 (22 U.S.C. 2714)--
                            (i) in subsection (a)--
                                    (I) in paragraph (1), by inserting 
                                ``or passport card'' after ``passport'' 
                                each place such term appears; and
                                    (II) in paragraph (2)--
                                            (aa) in the heading, by 
                                        inserting ``and passport card'' 
                                        after ``passport''; and
                                            (bb) by inserting ``or 
                                        passport card'' after 
                                        ``passport'' each place such 
                                        term appears; and
                            (ii) in subsection (d), by striking 
                        ``passport,'' and inserting ``passport or 
                        passport card,''; and
                    (F) in section 49 (22 U.S.C. 2721)--
                            (i) in the heading, by inserting ``and 
                        passport cards'' after ``passports''; and
                            (ii) by inserting ``or passport card'' 
                        after ``passport''.
            (2) Act of july 3, 1926.--Section 1 of the Act of July 3, 
        1926 (Chapter 772; 44 Stat. 887; 22 U.S.C. 211a), is amended by 
        adding at the end the following new sentence: ``Nothing in this 
        section shall be construed to prevent the Secretary from 
        issuing a passport in the form of a passport card that is valid 
        for travel only through land and maritime border ports of entry 
        between the United States and Canada and the United States and 
        Mexico.''.
            (3) Immigration and nationality act.--The Immigration and 
        Nationality Act is amended--
                    (A) in section 215 (8 U.S.C. 1185)--
                            (i) in subsection (b), by inserting ``or 
                        passport card, if appropriate'' after 
                        ``passport''; and
                            (ii) in subsection (f), by inserting 
                        ``passport cards (if appropriate),'' after 
                        ``Passports,'';
                    (B) in section 231(c)(5) (8 U.S.C. 1221(c)(5)), by 
                inserting ``or passport card number, if appropriate'' 
                before the semicolon;
                    (C) in section 241(c)(3)(B)(vi) (8 U.S.C. 
                1231(c)(3)(B)(vi)), by inserting ``or passport card'' 
                after ``passport''; and
                    (D) in section 274A(b)(1)(B)(i) (8 U.S.C. 
                1324a(b)(1)(B)(i)), by inserting ``or passport card'' 
                before the semicolon.
    (h) Reports.--The Secretary of State shall, on a quarterly basis 
during the first year of issuance of passport cards and on an annual 
basis thereafter, submit to Congress a report containing information 
relating to the number of passport cards issued during the immediately 
preceding quarter or year, as appropriate, and the number of United 
States citizens in each State applying for such cards.

SEC. 5. IMPROVING THE NEXUS AND FAST REGISTERED TRAVELER PROGRAMS.

    (a) Merging Requirements of NEXUS and FAST.--
            (1) In general.--The Secretary of Homeland Security shall 
        merge the procedures for the programs described in subsection 
        (k) into a single procedure, with common eligibility and 
        security screening requirements, enrollment processes, and 
        sanctions regimes.
            (2) Specific requirements.--In carrying out paragraph (1), 
        the Secretary shall ensure that--
                    (A) the procedures for the programs known as 
                ``NEXUS Highway'', ``NEXUS Marine'', and ``NEXUS Air'' 
                are integrated into such a single procedure; and
                    (B) the processes relating to eligibility and 
                security screening are identical to those for the FAST 
                program described in subsection (l)(2) on the date of 
                the enactment of this Act.
    (b) Integrating NEXUS and FAST Information Systems.--The Secretary 
of Homeland Security shall integrate all databases and information 
systems for the programs described in subsection (k) in a manner that 
will permit any identification card issued to a participant to operate 
in all locations where a program described in such subsection is 
operating.
    (c) Creation of NEXUS Convertible Lanes.--In order to expand the 
NEXUS program described in subsection (k)(2) to major northern border 
crossings, the Secretary of Homeland Security, in consultation with 
appropriate representatives of the Government of Canada, shall equip 
the following northern border crossings with NEXUS technology:
            (1) Pembina, North Dakota.
            (2) Sault Ste. Marie, Michigan.
            (3) Alexandria Bay, New York.
            (4) Portal, North Dakota.
            (5) Sweet Grass, Montana.
            (6) International Falls, Minnesota.
    (d) Creation of Remote Enrollment Centers.--The Secretary of 
Homeland Security, in consultation with appropriate representatives of 
the Government of Canada, shall create a minimum of six remote 
enrollment centers for the programs described in subsection (k). Such a 
remote enrollment center shall be established at each of the border 
crossings described in subsection (c).
    (e) Creation of Mobile Enrollment Centers.--The Secretary of 
Homeland Security, in consultation with appropriate representatives of 
the Government of Canada, shall create a minimum of four mobile 
enrollment centers for the programs described in subsection (k). Such 
mobile enrollment centers shall be used to accept and process 
applications in areas currently underserved by such programs. The 
Secretary shall work with State and local authorities in determining 
the locations of such mobile enrollment centers.
    (f) On-Line Application Process.--The Secretary of Homeland 
Security shall design an on-line application process for the programs 
described in subsection (k). Such process shall permit individuals to 
securely submit their applications on-line and schedule a security 
interview at the nearest enrollment center.
    (g) Promoting Enrollment.--
            (1) Creating incentives for enrollment.--In order to 
        encourage applications for the programs described in subsection 
        (k), the Secretary of Homeland Security shall develop a plan to 
        admit participants in an amount that is as inexpensive as 
        possible per card issued for each of such programs. The fee for 
        the first renewal for participation in each such program shall 
        be waived. The Secretary shall submit to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report that explains the reasons for the fee that is 
        established.
            (2) Customer service phone number.--In order to provide 
        potential applicants with timely information for the programs 
        described in subsection (k), the Secretary of Homeland Security 
        shall create a customer service telephone number for such 
        programs.
            (3) Publicity campaign.--The Secretary shall carry out a 
        program to educate the public regarding the benefits of the 
        programs described in subsection (k).
    (h) Travel Document for Travel Into United States.--For purposes of 
the plan required under section 7209(b) of the Intelligence Reform and 
Terrorism Prevention Act of 2004, an identification card issued to a 
participant in a program described in subsection (k) shall be 
considered a document sufficient on its own when produced to denote 
identity and citizenship for travel into the United States by United 
States citizens and by categories of individuals for whom documentation 
requirements have previously been waived under section 212(d)(4)(B) of 
the Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)).
    (i) Consolidated Background Check Process.--
            (1) Requirement.--The Secretary of Homeland Security, in 
        consultation with the Attorney General, shall establish a 
        single process for conducting the security screening and 
        background checks of individuals participating in any of the 
        programs identified under paragraph (2).
            (2) Included programs.--The process established under 
        paragraph (1) shall apply to the following programs:
                    (A) The Transportation Worker Identification 
                Credential.
                    (B) The security risk determination and related 
                background checks under section 5103a of title 49, 
                United States Code, performed by the Transportation 
                Security Administration as part of the Department of 
                Transportation Hazardous Materials Endorsement 
                credentialing program.
                    (C) The programs described in subsection (k).
                    (D) The Secure Electronic Network for Travelers 
                Rapid Inspection, or ``SENTRI'', program authorized 
                under section 286(q) of the Immigration and Nationality 
                Act (8 U.S.C. 1356(q)).
                    (E) The Registered Traveler program of the 
                Transportation Security Administration.
            (3) Features of process.--The process established under 
        paragraph (1) shall include the following:
                    (A) A single submission of security screening 
                information, including personal data and biometric 
                information as appropriate, necessary to meet the 
                security requirements of all applicable departmental 
                programs.
                    (B) An ability to submit such security screening 
                information at any location or through any process 
                approved by the Secretary with respect to any of the 
                applicable departmental programs.
                    (C) Acceptance by the Department of a security 
                clearance or other credential issued by a Federal 
                agency, to the extent that the security clearance 
                process of the agency satisfies requirements that are 
                at least as stringent as those of the applicable 
                departmental programs under paragraph (2).
                    (D) Appropriate standards and procedures for 
                protecting individual privacy, confidentiality, record 
                retention, and addressing other concerns relating to 
                information security.
            (4) Deadlines.--The Secretary of Homeland Security shall--
                    (A) not later than six months after the date of the 
                enactment of this Act, submit to the appropriate 
                congressional committees (as defined in section 2 of 
                the Homeland Security Act of 2002 (6 U.S.C. 101)) a 
                description of the process developed under this 
                subsection; and
                    (B) not later than 12 months after the date of the 
                enactment of this Act, begin implementing such process.
            (5) Inclusion of other programs.--The Secretary of Homeland 
        Security shall review other existing or developing Department 
        of Homeland Security programs that include security screening 
        or background checks for participating individuals, and report 
        to the appropriate congressional committees (as defined in 
        section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) 
        any recommendations for inclusion of such additional programs 
        in the consolidated screening process established under this 
        section.
            (6) Relationship to other laws.--Nothing in this subsection 
        affects:
                    (A) any statutory or regulatory requirement 
                relating to the operation or standards of the programs 
                described in paragraph (2).
                    (B) any statutory requirement relating to title III 
                of the Intelligence Reform and Terrorism Prevention Act 
                of 2004.
    (j) Reports.--
            (1) Report on implementation.--Not later than one year 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall submit to the appropriate congressional 
        committees (as defined in section 2 of the Homeland Security 
        Act of 2002 (6 U.S.C. 101)) a report on the implementation of 
        subsections (a) through (i).
            (2) Report on coordination.--Not later than six months 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall submit to the appropriate congressional 
        committees (as defined in section 2 of the Homeland Security 
        Act of 2002 (6 U.S.C. 101)) a report on the work being 
        performed to streamline and coordinate the following programs:
                    (A) The programs described in subsection (k).
                    (B) The Secure Electronic Network for Travelers 
                Rapid Inspection, or ``SENTRI'', program authorized 
                under section 286(q) of the Immigration and Nationality 
                Act (8 U.S.C. 1356(q)).
                    (C) The Registered Traveler program of the 
                Transportation Security Administration.
    (k) Programs.--The programs described in this subsection are the 
following:
            (1) The FAST program authorized under subpart B of title IV 
        of the Tariff Act of 1930 (19 U.S.C. 1411 et seq.)
            (2) The NEXUS program authorized under section 286(q) of 
        the Immigration and Nationality Act (U.S.C. 1356(q)).

SEC. 6. COST-BENEFIT ANALYSIS.

    (a) Cost-Benefit Analysis.--The Secretary of Homeland Security 
shall, in accordance with subsection (b), conduct a cost-benefit 
analysis of the implementation of the requirements of section 7209(b) 
of the Intelligence Reform and Terrorism Prevention Act of 2004 with 
respect to the issuance and use of identification cards, including, if 
appropriate, State driver's licenses pursuant to the pilot program 
conducted under section 3(a), passport cards issued under section 4(b), 
and the expedited traveler programs of the Department of Homeland 
Security, such as NEXUS, NEXUS AIR, SENTRI, FAST, and Registered 
Traveler, as documents sufficient on their own when produced to denote 
identity and citizenship for travel into the United States.
    (b) Information Regarding Analysis.--The Secretary shall conduct 
the analysis required under subsection (a) in accordance with the 
requirements for a significant regulatory action as set forth and 
defined in Executive Order 12866 (issued on September 30, 1993; 
published in the Federal Register on October 4, 1993). Such analysis 
shall include the following information:
            (1) An assessment, including the underlying analysis, of 
        benefits anticipated from the regulatory action (such as the 
        promotion of the efficient functioning of the economic and 
        private markets, the enhancement of health and safety, the 
        protection of the natural environment, and the elimination or 
        reduction of discrimination or bias) together with, to the 
        extent feasible, a quantification of those benefits.
            (2) An assessment, including the underlying analysis, of 
        costs anticipated from the regulatory action (such as the 
        direct cost both to the United States Government in 
        administering the regulation and to businesses and others in 
        complying with the regulation, and any adverse effects on the 
        efficient functioning of the economy, private markets 
        (including productivity, employment, and competitiveness), 
        health, safety, and the natural environment), together with, to 
        the extent feasible, a quantification of those costs.
            (3) An assessment, including the underlying analysis, of 
        costs and benefits of potentially effective and reasonably 
        feasible alternatives to the planned regulation, identified by 
        the agencies or the public (including improving the current 
        regulation and reasonably viable nonregulatory actions), and an 
        explanation why the planned regulatory action is preferable to 
        potential alternatives.
    (c) Time for Publication.--The Secretary shall publish in the 
Federal Register the results of the analysis together with the Final 
Rule implementing section 7209(b) of the Intelligence Reform and 
Terrorism Prevention Act of 2004, including information that--
            (1) identifies for the public, in a complete, clear, and 
        simple manner, the substantive changes between the draft of the 
        proposed regulatory action submitted to the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget for review and the action subsequently announced; 
        and
            (2) identifies for the public those changes in the 
        regulatory action that were made at the suggestion or 
        recommendation of the Office of Information and Regulatory 
        Affairs.
                                 <all>
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