S.Amdt. 4167

1. Adds SEC. 133. WESTERN HEMISPHERE TRAVEL INITIATIVE at the end of subtitle C of title I

   Adds a section

   In S. 2611 · Placed on Calendar Senate

   "(c) Failure to Obey Lawful Orders of Border Enforcement Officers.--Whoever willfully disregards or disobeys the lawful authority or commend of any officer or employee of the United States charged with enforcing the immigration, customs, or other laws of the United States while engaged in, or on account of, the performance of official duties shall be fined under this title or imprisoned for not more than 5 years, or both.".

   Inserted: SEC. 133. WESTERN HEMISPHERE TRAVEL INITIATIVE.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) United States citizens make approximately 130,000,000 land border crossings each year between the United States and Canada and the United States and Mexico, with approximately 23,000,000 individual United States citizens crossing the border annually.

   Inserted: (2) Approximately 27 percent of United States citizens possess United States passports.

   Inserted: (3) In fiscal year 2005, the Secretary of State issued an estimated 10,100,000 passports, representing an increase of 15 percent from fiscal year 2004.

   Inserted: (4) The Secretary of State estimates that 13,000,000 passports will be issued in fiscal year 2006, 16,000,000 passports will be issued in fiscal year 2007, and 17,000,000 passports will be issued in fiscal year 2008.

   Inserted: (b) Extension of Western Hemisphere Travel Initiative Implementation Deadline.--Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by striking "January 1, 2008" and inserting "the later of June 1, 2009, or 3 months after the Secretary of State and the Secretary of Homeland Security make the certification required in subsection (i) of section 133 of the Comprehensive Immigration Reform Act of 2006.".

   Inserted: (c) Passport Cards.--

   Inserted: (1) Authority to issue.--In order to facilitate travel of United States citizens to Canada, Mexico, the countries located in the Caribbean, and Bermuda, the Secretary of State, in consultation with the Secretary, is authorized to develop a travel document known as a Passport Card.

   Inserted: (2) Issuance.--In accordance with the Western Hemisphere Travel Initiative carried out pursuant to section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of State, in consultation with the Secretary, shall be authorized to issue to a citizen of the United States who submits an application in accordance with paragraph (5) a travel document that will serve as a Passport Card.

   Inserted: (3) Applicability.--A Passport Card shall be deemed to be a United States passport for the purpose of United States laws and regulations relating to United States passports.

   Inserted: (4) Validity.--A Passport Card shall be valid for the same period as a United States passport.

   Show 55 more inserted paragraphsShow less

   Inserted: (5) Limitation on use.--A Passport Card may only be used for the purpose of international travel by United States citizens through land and sea ports of entry between--

   Inserted: (A) the United States and Canada;

   Inserted: (B) the United States and Mexico; and

   Inserted: (C) the United States and a country located in the Caribbean or Bermuda.

   Inserted: (6) Application for issuance.--To be issued a Passport Card, a United States citizen shall submit an application to the Secretary of State. The Secretary of State shall require that such application shall contain the same information as is required to determine citizenship, identity, and eligibility for issuance of a United States passport.

   Inserted: (7) Technology.--

   Inserted: (A) Expedited traveler programs.--To the maximum extent practicable, a Passport Card shall be designed and produced to provide a platform on which the expedited traveler programs carried out by the Secretary, such as NEXUS, NEXUS AIR, SENTRI, FAST, and Register Traveler may be added. The Secretary of State and the Secretary shall notify Congress not later than July 1, 2007, if the technology to add expedited travel features to the Passport Card is not developed by that date.

   Inserted: (B) Technology.--The Secretary and the Secretary of State shall establish a technology implementation plan that accommodates desired technology requirements of the Department of State and the Department, allows for future technological innovations, and ensures maximum facilitation at the northern and southern borders.

   Inserted: (8) Specifications for card.--A Passport Card shall be easily portable and durable. The Secretary of State and the Secretary shall consult regarding the other technical specifications of the Card, including whether the security features of the Card could be combined with other existing identity documentation.

   Inserted: (9) Fee.--

   Inserted: (A) In general.--An applicant for a Passport Card shall submit an application under paragraph (6) together with a nonrefundable fee in an amount to be determined by the Secretary of State. Fees for a Passport Card shall be deposited as an offsetting collection to the appropriate Department of State appropriation, to remain available until expended.

   Inserted: (B) Limitation on fees.--The Secretary of State shall seek to make such fees as low as possible and less than $24. If the Secretary of State, the Secretary, and the Postmaster General jointly certify to Congress that such fees represent the lowest possible cost of issuing Passport Cards and provide a detailed cost analysis for any such fee that is more than $24, fees may exceed $24 but may not exceed $34.

   Inserted: (C) Reduction of fee.--The Secretary of State shall reduce the fee for a Passport Card for an individual who submits an application for a Passport Card together with an application for a United States passport.

   Inserted: (D) Waiver of fee for children.--The Secretary of State shall waive the fee for a Passport Card for a child under 18 years of age.

   Inserted: (E) Audit.--In the event that the fee for a Passport Card exceeds $24, the Comptroller General of the United States shall conduct an audit to determine whether Passport Cards are issued at the lowest possible cost.

   Inserted: (10) Accessibility.--In order to make the Passport Card easily obtainable, an application for a Passport Card shall be accepted in the same manner and at the same locations as an application for a United States passport.

   Inserted: (11) Rule of construction.--Nothing in this section shall be construed as limiting, altering, modifying, or otherwise affecting the validity of a United States passport. A United States citizen may possess a United States passport and a Passport Card.

   Inserted: (d) State Enrollment Demonstration Program.--

   Inserted: (1) In general.--Notwithstanding any other provisions of law, the Secretary of State and the Secretary shall enter into a memorandum of understanding with 1 or more appropriate States to carry out at least 1 demonstration program as follows:

   Inserted: (A) A State may include an individual's United States citizenship status on a driver's license which meets the requirements of section 202 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note).

   Inserted: (B) The Secretary of State shall develop a mechanism to communicate with a participating State to verify the United States citizenship status of an applicant who voluntarily seeks to have the applicant's United States citizenship status included on a driver's license.

   Inserted: (C) All information collected about the individual shall be managed exclusively in the same manner as information collected through a passport application and no further distribution of such information shall be permitted.

   Inserted: (D) A State may not require an individual to include the individual's citizenship status on a driver's license.

   Inserted: (E) Notwithstanding any other provision of law, a driver's license which meets the requirements of this paragraph shall be deemed to be sufficient documentation to permit the bearer to enter the United States from Canada through not less than at least 1 designated international border crossing in each State participating in the demonstration program.

   Inserted: (2) Rule of construction.--Nothing in this subsection shall have the effect of creating a national identity card.

   Inserted: (3) Authority to expand.--The Secretary of State and the Secretary may expand the demonstration program under this subsection so that such program is carried out in additional States, through additional ports of entry, for additional foreign countries, and in a manner that permits the use of additional types of identification documents to prove identity under the program.

   Inserted: (4) Study.--Not later than 6 months after the date that the demonstration program under this subsection is carried out, the Comptroller General of the United States shall conduct a study of--

   Inserted: (A) the cost of the production and issuance of documents that meet the requirements of the program compared with other travel documents;

   Inserted: (B) the impact of the program on the flow of cross-border traffic and the economic impact of the program; and

   Inserted: (C) the security of travel documents that meet the requirements of the program compared with other travel documents.

   Inserted: (5) Reciprocity with canada.--Notwithstanding any other provision of law, the Secretary of State and Secretary are authorized to work with appropriate authorities of Canada to certify identification issued by the Government of Canada, including a driver's license, as meeting security requirements similar to the requirements under the REAL ID Act of 2005 (division B of Public Law 109-13) and including a citizenship verification mechanism. To the maximum extent possible, the Secretary shall work to ensure that Canadian identification documents used as described in this paragraph contain the same technology as United States documents and may be accepted using the same document scanners. Notwithstanding any other provision of law, in the event that such certified identity document includes information that shows an individual to be a citizen of Canada, such individual shall be permitted to enter the United States from Canada. The Secretary shall ensure that, at all times, more States are participants in this program than Canadian provinces.

   Inserted: (e) Expedited Processing for Repeat Travelers.--

   Inserted: (1) Land crossings.--To the maximum extent practicable, the Secretary shall expand expedited traveler programs carried out by the Secretary to all ports of entry and should encourage citizens of the United States to participate in the preenrollment programs, as such programs assist border control officers of the United States in the fight against terrorism by increasing the number of known travelers crossing the border. The identities of such expedited travelers should be entered into a database of known travelers who have been subjected to in-depth background and watch-list checks to permit border control officers to focus more attention on unknown travelers, potential criminals, and terrorists. The Secretary, in consultation with the appropriate officials of the Government of Canada, shall equip at least 6 additional northern border crossings with NEXUS technology.

   Inserted: (2) Sea crossings.--The Commissioner of Customs and Border Patrol shall conduct and expand trusted traveler programs and pilot programs to facilitate expedited processing of United States citizens returning from pleasure craft trips in Canada, Mexico, the Caribbean, or Bermuda. One such program shall be conducted in Florida and modeled on the I-68 program.

   Inserted: (f) Process for Individuals Lacking Appropriate Documents.--

   Inserted: (1) In general.--The Secretary shall establish a program that satisfies section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note)--

   Inserted: (A) to permit a citizen of the United States who has not been issued a United States passport or other appropriate travel document to cross the international border and return to the United States for a time period of not more than 72 hours, on a limited basis, and at no additional fee; or

   Inserted: (B) to establish a process to ascertain the identity of, and make admissibility determinations for, a citizen described in paragraph (A) upon the arrival of such citizen at an international border of the United States.

   Inserted: (2) Grace period.--During a time period determined by the Secretary, officers of the United States Customs and Border Patrol may permit citizens of the United States and Canada who are unaware of the requirements of 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), or otherwise lacking appropriate documentation, to enter the United States upon a demonstration of citizenship satisfactory to the officer. Officers of the United States Customs and Border Patrol shall educate such individuals about documentary requirements.

   Inserted: (g) Travel by Children.--For travel to Canada, the Secretary shall have authority to waive the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) for travel by children who are 17 years old or younger traveling in groups of 6 or more, provided that such groups present documents demonstrating parental consent for each child's travel. The Secretary may issue similar regulations for travel to Mexico.

   Inserted: (h) Public Promotion.--The Secretary of State, in consultation with the Secretary, shall develop and implement an outreach plan to inform United States citizens about the Western Hemisphere Travel Initiative and the provisions of this Act, to facilitate the acquisition of appropriate documentation to travel to Canada, Mexico, the countries located in the Caribbean, and Bermuda, and to educate United States citizens who are unaware of the requirements for such travel. Such outreach plan should include--

   Inserted: (1) written notifications posted at or near public facilities, including border crossings, schools, libraries, Amtrak stations, and United States Post Offices located within 50 miles of the international border between the United States and Canada or the international border between the United States and Mexico and other ports of entry;

   Inserted: (2) provisions to seek consent to post such notifications on commercial property, such as offices of State departments of motor vehicles, gas stations, supermarkets, convenience stores, hotels, and travel agencies;

   Inserted: (3) the collection and analysis of data to measure the success of the public promotion plan; and

   Inserted: (4) additional measures as appropriate.

   Inserted: (i) Certification.--Notwithstanding any other provision of law, the Secretary may not implement the plan described in section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) until the later of June 1, 2009, or the date that is 3 months after the Secretary of State and the Secretary certify to Congress that--

   Inserted: (1)(A) if the Secretary and the Secretary of State develop and issue Passport Cards under this section--

   Inserted: (i) such cards have been distributed to at least 90 percent of the eligible United States citizens who applied for such cards during the 6-month period beginning not earlier than the date the Secretary of State began accepting applications for such cards and ending not earlier than 10 days prior to the date of certification;

   Inserted: (ii) Passport Cards are provided to applicants, on average, within 4 weeks of application or within the same period of time required to adjudicate a passport; and

   Inserted: (iii) a successful pilot has demonstrated the effectiveness of the Passport Card; or

   Inserted: (B) if the Secretary and the Secretary of State do not develop and issue Passport Cards under this section and develop a program to issue an alternative document that satisfies the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, in addition to the NEXUS, SENTRI, FAST and Border Crossing Card programs, such alternative document is widely available and well publicized;

   Inserted: (2) United States border crossings have been equipped with sufficient document readers and other technologies to ensure that implementation will not substantially slow the flow of traffic and persons across international borders;

   Inserted: (3) officers of the Bureau of Customs and Border Protection have received training and been provided the infrastructure necessary to accept Passport Cards and all alternative identity documents at all United States border crossings; and

   Inserted: (4) the outreach plan described in subsection (g) has been implemented and the Secretary determines such plan has been successful in providing information to United States citizens.

   Inserted: (j) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State and the Secretary such sums as may be necessary to carry out this section, and the amendment made by this section.

   Original wording

   At the end of subtitle C of title I, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed