The Intelligence Reform and Terrorism Prevention Act of 2004:
Ramifications for All Travelers to the United States

The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) requires all travelers, including U.S. citizens, to present a passport or other accepted document that establishes the bearer's identity and nationality in order to enter or re-enter the United States by January 1, 2008.  From a practical standpoint, this law requires changes to current requirements that will have a significant impact on casual travelers.

Current plans call for the new document requirement to take effect on January 1 2008 for those entering the United States by land or sea. As of January 23, 2007 all travelers are required to produce a passport for entry into the United States by air.

The IRTPA also requires the Secretary of State and the Secretary of Homeland Security to jointly develop and implement a plan to require U.S. citizens and foreign nationals to present a passport or other designated secure identity and citizenship documentation when entering the United States.  The Western Hemisphere Travel Initiative (WHTI) is the government's implementation plan. 

These new regulations will affect:

·      U.S. citizens traveling by land, air or sea within the Western Hemisphere who do not currently possess valid passports, and

·      Foreign nationals who have not been required to present a passport to travel to the United States by land, air or sea - namely citizens of the British Overseas Territory of Bermuda, Canada, and Mexico.

The WHTI will not affect travel between the United States and its territories.  U.S. citizens traveling between the continental United States, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa will continue to be able to use established forms of identification to board flights and for entry unless traveling beyond or transiting through a foreign port.

If traveling outside the United States or a U.S. territory, a passport or other secure document will be required.  For example, a person may travel directly to and from the continental United States and the U.S. Virgin islands without a passport or other secure document, but under proposed regulations, a passport or other secure document would be required to re-enter the U.S. Virgin Islands from the British Virgin Islands or another country as of January 8, 2007.

As currently envisioned, a second implementation phase of the WHTI will cover the land borders of the United States. A separate NPRM will be published next year providing details on that phase.

The goal of this program is to strengthen border security and facilitate entry into the United States for U.S. citizens and legitimate foreign visitors.  Limiting the number of documents and moving toward a passport standard for most arriving travelers will simplify entry formalities and make the ports of entry operate more efficiently.

Security will be enhanced because all arriving passengers will possess secure documents of identity and citizenship, enabling border inspectors to focus on potential threats rather than determining the bona fides of legitimate travelers.

The passport is the document standard because of security features and the stringent adjudication standards applied to processing applications.  U.S. citizens traveling

internationally, including within the Western Hemisphere, are encouraged to obtain a passport well in advance of anticipated travel.

The passport requirement applies to all travelers regardless of age.  Children will not/not be exempted from this document requirement.

Acceptable alternative documents must establish the citizenship and identity of the bearer through electronic data verification and include significant security features.

The Departments of Homeland Security and State propose two alternative documents for air and sea entries: the U.S. Merchant Marine Document (MMD or "Z card") and the AIR NEXUS card.

On September 1, 2005, the Departments of State (State) and Homeland Security (DHS) published an Advanced Notice of Proposed Rulemaking (ANPRM) announcing the proposal and the phased implementation plan.  Over 2,000 comments were submitted and the concerns expressed were addressed in the NPRM.

DHS and State have issued a Notice of Proposed Rulemaking (NPRM) in the Federal Register to provide vital information on the plan to the public and to request input on the proposal.  Comment is welcomed.  Those wishing to comment on the proposal may access the Federal eRulemaking Portal at <http://www.regulations.gov> and follow the instructions for submitting comments.  DHS and State will issue a final rule following review of those comments.

The NPRM proposing the air and sea WHTI implementation plan is subject to a 45-day public comment period.  Foreign governments are invited to provide comments during the comment period.

As currently written, the law requires implementation by January 1, 2008.  The phased implementation schedule ensures that U.S. capacity to produce travel documents is sufficient to meet demand and minimizes any possible impact on tourism and business travel.

This initiative will reduce the burden on U.S. and foreign immigration inspectors to scrutinize hundreds of different types of U.S. citizenship documents.  It will help to facilitate international travel and improve security.

There will be no change at this time to requirements for U.S. or NATO military members traveling on active duty. They will be able to continue to enter on their military ID and travel orders.

The Western Hemisphere Travel Initiative introduces uniform documentary requirements for all U.S. citizens traveling internationally by air or sea.  No individual countries are being singled out. The WHTI is our plan to implement legislative changes to current law.

Note the following:

-         Air travel includes commercial flights, charter flights, private planes, and corporate planes.

-         Ferries are not included in the definition of "sea." Travel on ferries will be covered in the land border phase.

-         Private boats (sport fishing boats, yachts, pleasure sailing vessels, etc.) will be covered under the land rule.

-         Vessels that do not touch foreign ports or places are not considered to have "departed" the United States and are not subject to the passport requirement.

-         Native Americans/American Indians born in the United States, Mexico, or Canada will be required to present passports when traveling by air or sea.

The US Government will consult closely with regional governments as this initiative moves forward to ensure the smoothest possible implementation.