Western Hemisphere Travel Initiative Improvement Act of 2008 - Directs the Secretary of State to adjudicate U.S. passport applications in an individualized, evidence-based manner.
Requires the passport application adjudicatory process to be based on an assessment of individual circumstances and evidence.
Prohibits an applicant's race, ethnicity, or ancestry from being taken into account in the passport application adjudicatory process.
Requires: (1) an applicant to establish by a preponderance of the evidence that the applicant is a U.S. citizen or national; (2) the preponderance of the evidence standard to be applied in a uniform and consistent manner to all passport applications; and (3) any determination that an applicant has not met the burden of proving U.S. citizenship or nationality by a preponderance of the evidence to be made in writing, state the reasons for the determination, and be provided to the applicant in a timely manner.
States that a birth certificate signed by a person authorized under state law to sign such a document, or a previously-issued U.S. passport, shall constitute prima facie evidence of U.S. citizenship or nationality and, absent individualized evidence that a birth did not take place in the United States, shall satisfy the preponderance of the evidence standard.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 7162 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 7162
To establish certain standards for the adjudication of United States
passport applications, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2008
Mr. Ortiz (for himself, Mr. Rodriguez, and Mr. Hinojosa) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To establish certain standards for the adjudication of United States
passport applications, and for other purposes.
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 ``Western Hemisphere Travel Initiative
Improvement Act of 2008''.
SEC. 2. FINDINGS; DEFINITION.
(a) Findings.--Congress finds the following:
(1) All claims of United States citizenship and nationality
must be treated with the utmost respect and care, with
adherence to procedures necessary and sufficient to guard
against the serious risk of United States citizens and
nationals being deprived of the rights, privileges, and
benefits attendant to such citizenship and nationality or the
denial of valid claims thereto.
(2) The right to travel abroad and return home is an
important and protected element of United States citizenship.
This right should not be denied on the basis of race or
ancestry or for reasons that are arbitrary and capricious.
(3) Millions of United States citizens live in United
States border communities and regularly cross the border for
family, work, business, and personal reasons. With the Western
Hemisphere Travel Initiative (WHTI) scheduled to be fully
implemented on June 1, 2009, virtually all United States
citizens will be required to possess a passport, passport card,
or other WHTI-compliant document to cross the land borders of
the United States or enter through sea ports of entry. At that
time, a passport--already required for international travel by
air--will become a fundamental necessity of everyday life for
those United States citizens who live along or near United
States land borders.
(4) In recent years, certain United States citizens living
or born in States bordering Mexico have been formally or
effectively denied United States passports as a result of a
process that often lacks due process, imposes a heightened
burden of proof on certain passport applicants, and results in
decisions that are inadequately supported by an evidentiary
record.
(b) Definitions.--
(1) Applicant.--The term ``applicant'' means a person who
submits a United States passport application.
(2) Secretary.--The term ``Secretary'' means the Secretary
of State and any individual designated by the Secretary of
State to adjudicate United States passport applications under
An Act To regulate the issue and validity of passports, and for
other purposes (July 3, 1926; 22 U.S.C. 211a).
SEC. 3. CONFIRMATION AND CLARIFICATION OF STANDARDS FOR ADJUDICATION OF
UNITED STATES PASSPORT APPLICATIONS BY SECRETARY OF
STATE.
(a) In General.--
(1) In general.--The Secretary shall adjudicate United
States passport applications in an individualized, evidence-
based manner.
(2) Individualized assessment.--At every stage of the
passport application adjudicatory process under paragraph (1),
including any requests for additional evidence and rulings on
the merits of an application, the Secretary's decisions
respecting United States passport applications shall be based
on an assessment of individual circumstances and evidence.
(3) Prohibition.--An applicant's race, ethnicity, or
ancestry may not be a factor taken into account in the passport
application adjudicatory process under paragraph (1).
(b) Proceedings.--
(1) In general.--An applicant shall establish by a
preponderance of the evidence at all stages of the passport
application adjudicatory process, including in proceedings
under section 360 of the Immigration and Nationality Act (8
U.S.C. 1503), that such applicant is a United States citizen or
national.
(2) Prohibition.--The Secretary shall not utilize or apply
any heightened burden of proof when evaluating the citizenship
or nationality of an applicant and shall apply such
preponderance of the evidence standard required under paragraph
(1) in a uniform and consistent manner to all passport
applications.
(3) Writing.--Any determination by the Secretary that an
applicant has not met the burden of proving United States
citizenship or nationality by a preponderance of the evidence
shall be made in writing, state the reasons for the Secretary's
determination, and be provided to the applicant in a timely
manner.
(c) Acceptance of Certain Evidence.--A birth certificate signed by
a midwife, doctor, or other person authorized under State law to sign
such a document, or a previously-issued United States passport, shall
constitute prima facie evidence of United States citizenship or
nationality and, absent individualized evidence that a birth did not
take place in the United States, shall satisfy the preponderance of the
evidence standard for demonstrating an applicant's United States
citizenship or nationality.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
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