[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1464 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1464

To enhance the security and efficiency of the immigration, refugee and 
 asylum, and naturalization functions of the United States Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 27, 2003

    Mr. Baca (for himself, Mr. Grijalva, Mr. Pastor, Mr. Towns, Mr. 
Serrano, Mr. Reyes, Mr. Acevedo-Vila, Ms. Norton, Mr. Ryan of Ohio, Mr. 
Udall of Colorado, Mr. Crowley, and Mrs. Jones of Ohio) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To enhance the security and efficiency of the immigration, refugee and 
 asylum, 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 2003''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to enhance the security procedures 
and efficiency of the immigration, refugee and asylum, 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 Secretary of Homeland Security 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 Secretary of Homeland Security shall implement an electronic 
application process only with respect to immigration, refugee and 
asylum, and naturalization services of the United States Government 
that the Secretary of Homeland Security determines to be appropriate. 
The Secretary of Homeland Security 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 Secretary of Homeland Security 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 Secretary of Homeland Security shall establish within the 
immigration, refugee and asylum, and naturalization functions under the 
jurisdiction of the Department of Homeland Security 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, detect incorrectly filled applications and 
forms, and securely share information within the network.

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

    (a) In General.--The Secretary of Homeland Security shall establish 
within the immigration, refugee and asylum, and naturalization 
functions under the jurisdiction of the Department of Homeland Security 
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 Secretary of Homeland 
Security develop criteria and procedures for the certification of 
organizations and entities as service providers. In the certification 
of service providers the Secretary of Homeland Security shall consider 
the promotion of competition and do everything possible to prevent 
monopolies.
    (c) Criteria for Certification of Service Providers.--The Secretary 
of Homeland Security 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 
        immigration, refugee and asylum, 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 SERVICE PROVIDERS.

    The Secretary of Homeland Security 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 immigration, refugee and asylum, and 
naturalization functions under the jurisdiction of the Department of 
Homeland Security.

SEC. 7. ELECTRONIC DATABASE OF CLOSED FILES.

    The National Records Center shall create and maintain an electronic 
database of all closed files relating to immigration, refugee and 
asylum, and naturalization of the Department of Homeland Security 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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