[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5073 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5073

To enhance the security and efficiency of the immigration, visa, border 
 patrol, and naturalization functions of the United States Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2002

   Mr. Baca (for himself, Mr. Serrano, Mr. Owens, Mr. McGovern, Mr. 
  Rodriguez, Mr. Underwood, Mr. Pastor, and Mr. Leach) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To enhance the security and efficiency of the immigration, visa, border 
 patrol, and naturalization functions of the United States Government.

    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 ``Immigration Security and Efficiency 
Enhancement Act of 2002''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress makes the following findings:
            (1) The length of time it takes to process immigration 
        applications within the Immigration and Naturalization Service 
        of the Department of Justice has created a serious national 
        security problem. This is demonstrated by the granting of 
        student visas to Mohamed Atta and Marwan Alshehhi six months 
        after their involvement in the World Trade Center bombings. The 
        mistake was attributed to delays in processing the paperwork, 
        huge backlogs of applicants, and antiquated computer systems.
            (2) The INS currently has a backlog of immigration requests 
        estimated to be 5,000,000 applications.
            (3) Currently 40 percent of all requests made to the INS to 
        obtain permanent resident status are filled out incorrectly. 
        This means that 40 percent of the files the INS receives must 
        be processed twice.
            (4) There is currently no certified means of identifying 
        organizations that provide fair services. Many organizations 
        compete to sell immigration services to immigrants, but there 
        is no reliable way to distinguish between good and bad 
        information sources.
            (5) It is estimated that in southern California, immigrants 
        often pay between $500 and $3,000 just to submit their 
        applications. At the low cost end, preparing a naturalization 
        application (form N-400) routinely costs about $500-$800. At 
        the high cost end, preparing the family-sponsored green card 
        application can cost between $2,000 and $3,000.
            (6) President Clinton signed the Electronic Signatures in 
        Global and National Commerce Act into law in June of 2000, 
        making electronic signatures the legal equivalent of physical 
        signatures. The Internal Revenue Service (IRS) has implemented 
        electronic filing for sensitive tax information, requiring 
        verifiable electronic identification.
            (7) The State Department is introducing a web-based arms 
        export license application system that will allow companies to 
        submit license applications and supporting technical documents, 
        blueprints, and other complex data over the Internet. This 
        information will be shared with the Commerce, Defense, and 
        Energy Departments. The State Department claims that this will 
        help strengthen inter-agency cooperation and cut down on 
        illegal arms trafficking.
    (b) Purpose.--It is the purpose of this Act to enhance the security 
procedures and efficiency of the immigration, visa, border patrol, and 
naturalization services of the United States Government by mandating 
the implementation of an electronic application process utilizing 
certified filing entities and e-file applications.

SEC. 3. IMPLEMENTATION OF SECURITY AND EFFICIENCY ENHANCEMENTS.

    (a) Plan.--Not later than 90 days after the date of the enactment 
of this Act, the Attorney General shall submit to the Congress a plan 
for the implementation of security and efficiency enhancements 
described in subsection (b). The plan shall include a timetable for 
implementation with appropriate information concerning the importance 
and impact of technology, funding, and other factors on the timetable.
    (b) Security and Efficiency Enhancements.--Immigration security and 
efficiency enhancements are as follows:
            (1) Establishment of a central computer database and 
        network for processing immigration applications and forms.
            (2) Identification of applications and forms appropriate 
        for electronic submission.
            (3) Implementation of a pilot project for elective 
        electronic submission of designated immigration applications 
        and forms.
            (4) Implementation of elective electronic submission of 
        designated immigration applications and forms.
            (5) Within 4 to 5 years after the date of the enactment of 
        this Act, electronic submission of designated immigration 
        applications and forms which comprise not less than 25 percent 
        of the total by volume.
            (6) Within 6 years after the date of the enactment of this 
        Act, electronic submission of designated immigration 
        applications and forms comprising not less than 50 percent of 
        the total by volume.
            (7) Within 8 years after the date of the enactment of this 
        Act, electronic submission of designated immigration 
        applications and forms comprising not less than 75 percent of 
        the total by volume.
            (8) Wherever feasible, electronic submission of designated 
        immigration applications and forms.
    (c) Limitations.--Notwithstanding any other provision of this Act, 
the Attorney General shall implement an electronic application process 
only with respect to immigration, visa, border patrol, and 
naturalization services of the United States Government that the 
Attorney General determines to be appropriate. The Attorney General may 
not implement an electronic application process with respect to 
applications by aliens who have been convicted of a felony or aliens 
who are residing in the United States illegally.
    (d) Annual Report.--Not later than 1 year after the date of the 
submission of the plan under subsection (a) and annually thereafter, 
the Attorney General shall submit to the Congress an annual report 
which outlines the progress in implementing the plan, together with any 
modifications in the projections of the plan.

SEC. 4. ESTABLISHMENT OF ELECTRONIC FILE MANAGEMENT SYSTEM.

    The Attorney General shall establish within the visa, immigration, 
border patrol, and naturalization functions under the jurisdiction of 
the Department of Justice a computer network composed of a state-of-
the-art electronic file management system and computer information 
system to efficiently receive and process files submitted 
electronically and securely share information within the network.

SEC. 5. ESTABLISHMENT OF IMMIGRATION AND NATURALIZATION FILING SYSTEM 
              THROUGH CERTIFIED SERVICE PROVIDERS.

    (a) In General.--The Attorney General shall establish within the 
visa, immigration, and naturalization functions under the jurisdiction 
of the Department of Justice a system which provides for the electronic 
filing and submission of applications only from organizations and 
entities certified by the department to perform immigration and 
naturalization services on behalf of applicants.
    (b) Certification of Service Providers.--The Attorney General 
develop criteria and procedures for the certification of organizations 
and entities as service providers. In the certification of service 
providers the Attorney General shall consider the promotion of 
competition and do everything possible to prevent monopolies.
    (c) Criteria for Certification of Service Providers.--The Attorney 
General shall promulgate regulations which provide for the criteria for 
certification of service providers which shall include the following:
            (1) Submission security--the ability to verify that a 
        secure link is established for transmitting applicant 
        information.
            (2) Quality control by the private entity/organization--the 
        ability to determine that the service providers are competent 
        and qualified to provide reliable information to applicants on 
        visa, immigration, and naturalization requirements and 
        procedures necessary to successfully complete applications.
            (3) User identification verification--the ability to 
        determine that the service provider conducts an adequate 
        initial identity verification.
            (4) The logistical capabilities to participate in the 
        system.

SEC. 6. GRANTS FOR TECHNOLOGY ENHANCEMENT OF IMMIGRATION SERVICE 
              PROVIDERS.

    The Attorney General is authorized to establish a program of grants 
to nonprofit service providers under section 5 to assist such entities 
in obtaining electronic technologies compatible with those utilized by 
the visa, immigration, and naturalization functions under the 
jurisdiction of the Department of Justice.

SEC. 7. ELECTRONIC DATABASE OF CLOSED INS FILES.

    The National Records Center shall create and maintain an electronic 
database of all closed files of the Immigration and Naturalization 
Service to speed up the request process on past records for all Federal 
agencies that access such files.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for each fiscal year to carry out this Act.
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