Comments Of Sen. Patrick Leahy
To The Department Of State
Federal Register Notice,
“Card Format Passport; Changes To Passport Fee Schedule,”
December 18, 2006

PDF

December 18, 2006

Office of Passport Policy
Planning and Advisory Services
Bureau of Consular Affairs
U.S. Department of State
2100 Pennsylvania Avenue, Northwest, Suite 300
Washington, D.C. 20037

            RE:    Comments of Senator Patrick Leahy to the Department of State Federal           
           Register Notice, “Card Format Passport; Changes to Passport Fee Schedule,” 
           22 CFR Parts 22 and 51, RIN 1400-AC22, Public Notice 5558

Docket ID:     DOS-2006-0329
            Agency:          Department of State

To Whom It May Concern:

I am pleased to submit my comments on the Department of State’s proposed rule concerning the Western Hemisphere Travel Initiative’s (“WHTI”) proposed passport alternative or PASS Card, as authorized in Public Law (P.L.) 108-458, the Intelligence Reform and Terrorism Prevention Act of 2004 (“IRTPA”), and as amended on October 4, 2006, by the Department of Homeland Security Appropriations Act, 2007 (P.L. 109-295). 

I am deeply concerned that the Notice of Proposed Rule Making (“NPRM”) published on October 17, 2006, does not acknowledge the amendment to the WHTI contained in P.L. 109-295.  The Departments of Homeland Security and State have failed to incorporate into this proposed rule the statutory changes made to WHTI in P.L. 108-295, including a number of certifications that must be met before the WHTI may be fully implemented. 

The statutory deadline for implementation of the WHTI is June 1, 2009.  The Departments of State and Homeland Security may begin requiring a PASS Card prior to the June 1, 2009, date only after the Secretaries of these respective agencies make the required certifications as mandated in P.L. 109-295. 

For example, one important certification in Section 546 of P.L. 109-295 requires that the National Institute of Standards and Technology (“NIST”) certify, prior to implementation, “that the Departments of Homeland Security and State have selected a card architecture that meets or exceeds International Organization for Standardization (ISO) security standards and meets or exceeds best available practices for protection of personal identification documents.”  However, there is no mention of the requirement concerning certification by NIST in the proposed rule.  I am concerned that the State Department has prematurely endorsed one card technology over another without securing the required NIST certification on a card architecture.

I strongly recommend that the Department of State withhold any endorsement or pre-judgment of a particular card technology until the NIST has provided its conclusions on the two competing technologies considered in the Proposed Rule.   

The Proposed Rule fails to address another requirement that any technology ultimately agreed upon be shared with the governments of Canada and Mexico.  In my view, apart from being required by law, this requirement will ensure as smooth an implementation as possible and will promote the inter-country cooperation and reciprocity necessary for the program’s success.  I would welcome the State Department’s plans as to how this outreach will be accomplished and what it will entail.

I am also concerned that the NPRM does not address the requirement that the Departments develop alternative procedures for groups of chaperoned children crossing a land border.  This requirement was intended to facilitate the secure and efficient cross-border travel of sports or school groups.  This is of particular concern to Northern Border States, given the frequency with which scholastic athletic teams and other groups cross the Canadian border on field trips or other educational or civic-oriented activities.  For many families and school districts, the requirement that PASS Cards be obtained for every child prior to a visit across the border will be unduly burdensome.

I recommend that the State Department develop a plan by which either the PASS Card fee, or the PASS Card requirement is waived for certain qualifying groups of chaperoned children who may be making a day-long trip across a land border.  I am confident that the Departments of State and Homeland Security, working together, can ensure the secure cross-border travel of groups of these types using alternative procedures or existing documentation.  

The proposed rule reduces the fee for a PASS card below the cost of a passport book.  In addition, I recommend that the Departments develop a procedure by which low-income citizens may have the PASS Card fee waived.  Although the cost of the PASS Card will be considerably lower than a passport, for many lower-income citizens whose livelihoods depend on regular travel across the land borders of the United States, this fee will be a significant burden.

I also ask for clarification on the PASS Card execution fee:  If a Card holder renews a PASS Card after the ten-year period of validity expires, do the agencies intend to require a second execution fee upon renewal?

I look forward to reviewing the Departments of Homeland Security and State plans to move forward with a PASS card program that meets the requirements set forth in amendments to WHTI as provided in Section 546 of P.L. 109-295.

So that all parties involved may review the final changes that became law, I have included a copy of that section for publication in the public comment record.

Sincerely,

PATRICK LEAHY
U.S. Senator