May 18, 2006

WHTI Update

An amendment approved by the U.S. Senate yesterday has been widely reported in the media as signalling a delay in the January 1, 2008 implementation of the Western Hemisphere Travel Initiative.

The amendment, which was added to the Senate’s immigration reform package, was a bipartisan initiative, moved by Democratic Senator Patrick Leahy of Vermont and Republican Senator Ted Stevens of Alaska.  The Stevens-Leahy Amendment, as it is known, seeks to delay implementation of the WHTI until January 1, 2009, by simply amending Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act to read “June 1, 2009” instead of “January 1, 2008”.

While it is possible that this development could lead to a delay, there is by no means any assurance that one will be obtained, given the way the U.S. legislative system works. 

What’s Next

The U.S. House of Representatives passed its own version of immigration reform several months ago.  Once a Senate version is adopted, there will be a “conference” between as-yet-unidentified representatives of the Congress and Senate to reconcile the two versions.  If a consensus is reached, a composite bill would be sent to President George W. Bush, who could either sign it into law or exercise his Presidential veto.

The immigration reform bill is not expected to leave the Senate until recess in mid-June.  The composition of the conference will be decided two weeks later, and the meetings will likely be completed later in the summer, with a composite bill—if one is developed—being sent to President Bush in late July.

The House immigration bill is very tough and enforcement-oriented compared to the gentler and more comprehensive version that is expected to be passed by the Senate.  Given their different approaches, many political observers believe that a consensus between the House and Senate is not possible at this time.  If a consensus is not reached, then the Stevens-Leahy amendment would be lost along with the bills.

Another amendment that has generated some interest could be introduced as early as next week by Republican Senator Norm Coleman of Minnesota.  Much more far-reaching than the Stevens-Leahy amendment, it not only seeks a delay in the WHTI until at least July 1, 2009, but proposes changes in acceptable passport substitutes, including REAL ID driver’s licences, and a U.S. government public awareness campaign.

Advocacy Implications

Some industry groups, including the Binational Tourism Alliance (of which TIAC is a member and which is a member of TIAC), is hailing this development as a victory in its efforts to delay implementation of the WHTI.   Beyond the fact that it is not at all clear at this point that the Senate amendment will affect the WHTI’s implementation, TIAC’s position is that any delay must be accompanied by a clear definition of what alternative identification documents, such as REAL ID driver’s licences, will be accepted for border crossings.  In the absence of such efforts, TIAC believes that a delay for its own sake would simply prolong the confusion and anxiety that are already keeping some people away from the Canada-U.S. border.

TIAC, independently and through the binational Passport Coalition that it leads, will continue to work towards:

• A single implementation date of January 1, 2008;
• Accessible and affordable passport substitutes, such as REAL ID driver’s licences that also include proof of citizenship;
• An exemption for travellers aged 16 years and under;
• A U.S. government awareness campaign; and
• Expansion of the NEXUS and FAST programs.

Background

The Western Hemisphere Travel Initiative, announced in April 2005, implements Section 7209 of the U.S. Intelligence Reform and Terrorism Prevention Act, which was signed into law by President George W. Bush in December 2004.  The statute requires all travellers—including Canadian and American citizens—entering the United States as of January 1, 2008, to present a passport or acceptable substitute.

The WHTI is scheduled to be implemented in two stages, with the passport requirements taking effect December 31, 2006 for air and sea travel, and December 31, 2007 for land border crossings.  At present, a birth certificate and photo driver’s licence are sufficient documentation for travellers entering the United States from Canada.

The PASS (People Access Security Service) card was announced by the U.S. government in January as an acceptable passport substitute for American citizens; it is being developed for 2007.   In order for the PASS card to be acceptable to the tourism industry, TIAC believes it must be accessible and affordable (around $20), apply to all modes of transportation (not just land border crossings) and be available to Canadians as well.