[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2672 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2672

To direct the Secretary of State and the Secretary of Homeland Security 
to establish a program to enhance the mutual security and safety of the 
       United States, Canada, and Mexico, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2005

  Ms. Harris (for herself, Mr. Pearce, and Mr. Shays) introduced the 
 following bill; which was referred to the Committee on International 
  Relations, and in addition to the Committees on Armed Services and 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of State and the Secretary of Homeland Security 
to establish a program to enhance the mutual security and safety of the 
       United States, Canada, and Mexico, 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 ``North American Cooperative Security 
Act''.

SEC. 2. PURPOSE OF NORTH AMERICAN SECURITY INITIATIVE.

    The Secretary of State shall enhance the mutual security and safety 
of the United States, Canada, and Mexico by providing a framework for 
better management, communication, and coordination between the 
governments of such countries.

SEC. 3. IMPROVING THE EXCHANGE OF INFORMATION ON NORTH AMERICAN 
              SECURITY.

    (a) Report.--Not later than six months after the date of enactment 
of this Act, and every six months thereafter, the Secretary of State, 
in coordination with the Secretary of Homeland Security and the 
Secretary of Defense, shall submit to the appropriate congressional 
committees listed under subsection (b) a joint report described under 
subsection (c) that contains a description of the efforts to carry out 
this Act.
    (b) Appropriate Congressional Committees.--The appropriate 
congressional committees referred to in subsection (a) are the 
following:
            (1) The Committee on International Relations of the House 
        of Representatives.
            (2) The Committee on Foreign Relations of the Senate.
            (3) The Committee on Homeland Security of the House of 
        Representatives.
            (4) The Committee on Homeland Security and Governmental 
        Affairs of the Senate.
            (5) The Committee on Armed Services of the House of 
        Representatives.
            (6) The Committee on Armed Services of the Senate.
    (c) Contents.--A report submitted under subsection (a) shall 
contain a description of each of the following:
            (1) Security and the movement of goods.--The progress of 
        the development and expansion of public-private partnerships to 
        secure the supply chain of goods coming into North America and 
        to expedite the movement of low-risk goods, including the 
        status of--
                    (A) the Fast and Secure Trade program (referred to 
                in this subsection as ``FAST program'') at major 
                international border crossings between the United 
                States and Canada, and the progress made in 
                implementing the FAST program at all remaining 
                international commercial border crossings between the 
                United States and Canada, Mexico;
                    (B) marketing programs by the Department of State 
                and the Department of Homeland Security to promote 
                enrollment by eligible individuals and companies in the 
                FAST program;
                    (C) ways and means of increasing participation in 
                the FAST program; and
                    (D) the implementation of the FAST program at 
                international border crossings between the United 
                States and Mexico.
            (2) Cargo security and movement of goods.--The progress 
        made in developing and implementing a North American cargo 
        security strategy that creates a common security perimeter 
        around the United States, Canada, and Mexico by enhancing 
        technical assistance for programs and systems to support 
        advance reporting and risk management of cargo data, improved 
        integrity measures through automated collection of fees, and 
        advance technology to rapidly screen cargo.
            (3) Border wait times.--The progress made by the Secretary 
        of State and Secretary of Homeland Security, in consultation 
        with national, provincial, and municipal governments, to--
                    (A) reduce waiting times at international border 
                crossings through low-risk land ports of entry 
                facilitating programs, including the status of the 
                Secure Electronic Network for Travelers Rapid 
                Inspection program (referred to in this section as the 
                ``SENTRI program'') and the NEXUS program--
                    (B) measure and report wait times for commercial 
                and non-commercial traffic at the land ports of the 
                United States, Canada, and Mexico, and establish 
                compatible performance standards for operating under 
                normal security alert conditions; and
                    (C) identify, develop, and deploy new technologies 
                to--
                            (i) further advance the shared security 
                        goals of the United States, Canada, and Mexico; 
                        and
                            (ii) promote the legitimate flow of both 
                        people and goods across these international 
                        borders.
            (4) Border infrastructure.--Efforts to pursue joint 
        investments in and protection of border infrastructure, 
        including--
                    (A) priority ports of entry;
                    (B) plans to expand dedicated lanes and approaches 
                and improve border infrastructure in order to meet the 
                objectives of the FAST program;
                    (C) the development of a strategic plan for 
                expanding the number of dedicated FAST program lanes at 
                major crossings at the international border between the 
                United States and Mexico; and
                    (D) an inventory of border transportation 
                infrastructure at major transportation corridors 
                between the United States and Canada and the United 
                States and Mexico.
            (5) Security clearances and document integrity.--The 
        development of enrollment, security, technical, and biometric 
        standards for the issuance, authentication, and validation of 
        secure documents, including--
                    (A) technical and biometric standards based on best 
                practices and consistent with international standards 
                for the issuance, authentication, and validation of 
                travel documents, including--
                            (i) passports;
                            (ii) visas; and
                            (iii) permanent resident cards;
                    (B) working with Canada and Mexico to encourage 
                foreign countries to enact laws controlling alien 
                smuggling and trafficking, the use and manufacture of 
                fraudulent travel documents, and information sharing;
                    (C) applying incentives and support to ensure that 
                other countries meet proper travel document standards 
                and are equally committed to travel document 
                verification before transit to other countries, 
                including the United States; and
                    (D) providing technical assistance to Canada and 
                Mexico for the development and maintenance of a 
                national database built upon identified best practices 
                for biometric standards associated with visa and travel 
                documents.
            (6) Immigration and visa management.--The progress on 
        efforts to share information concerning high-risk individuals 
        who might attempt to travel to the United States, Canada, or 
        Mexico, including--
                    (A) immigration lookout data on high risk 
                individuals through the implementation of the Statement 
                of Mutual Understanding on Information Sharing, that 
                was signed by the United States and Canada in February 
                2003; and
                    (B) immigration fraud trends and analysis, 
                including asylum and document fraud.
            (7) Visa policy coordination and immigration security.--The 
        progress made by the United States, Canada, and Mexico to 
        enhance North American security by cooperating on visa policies 
        and identifying best practices regarding immigration security, 
        including--
                    (A) enhancing consultation among visa issuing 
                officials at consulates or embassies of the United 
                States, Canada, and Mexico throughout the world to 
                share information, trends, and best practices on visa 
                flows;
                    (B) comparing the procedures and policies of the 
                United States and Canada with respect to visitor visa 
                processing, including--
                            (i) application processes;
                            (ii) interview policies;
                            (iii) general screening procedures;
                            (iv) visa validities;
                            (v) quality control measures; and
                            (vi) access to appeal or review of such 
                        procedures and policies;
                    (C) converging the list of visa waiver countries;
                    (D) providing technical assistance for the 
                development and maintenance of a national database 
                built upon identified best practices for biometric 
                standards associated with immigration violators;
                    (E) developing and implementing a North American 
                immigration security strategy that works toward the 
                development of a common security perimeter by enhancing 
                technical assistance for programs and systems to 
                support advance automated reporting and risk targeting 
                of international passengers;
                    (F) the progress made toward sharing information 
                concerning lost and stolen passports on a real-time 
                basis among immigration or law enforcement officials of 
                the United States, Canada, and Mexico; and
                    (G) the progress made by the Department of State in 
                collecting ten fingerprints from all visa applicants.
            (8) North american visitor overstay program.--The progress 
        made to implement parallel entry and exit tracking systems 
        between the United States and Canada--
                    (A) to share information on third country nationals 
                who have overstayed in either country; and
                    (B) that respect the privacy laws of each such 
                country.
            (9) Terrorist watch lists.--The progress made to enhance 
        the capacity of the United States to combat terrorism through 
        the coordination of counterterrorism efforts, including--
                    (A) establishing bilateral agreements between the 
                United States and Canada and between the United States 
                and Mexico to govern the sharing of terrorist watch 
                list data and to comprehensively enumerate the uses of 
                such data by the United States, Canada, and Mexico;
                    (B) establishing appropriate linkages between the 
                United States Terrorist Screening Center and both 
                Canada and Mexico; and
                    (C) working to explore and negotiate with foreign 
                governments concerning the establishment of a 
                multilateral watch list mechanism that would facilitate 
                direct coordination between a country that identifies 
                an individual as an individual included on a watch 
                list, and a country that owns such list, including 
                procedures that satisfy the security concerns and are 
                consistent with the privacy and other laws of each 
                participating country.
            (10) Money laundering, income tax evasion, currency 
        smuggling, and alien smuggling.--The progress made to improve 
        information sharing and law enforcement cooperation in 
        organized crime, including--
                    (A) in areas of currency smuggling, money 
                laundering, alien smuggling and trafficking in alcohol, 
                firearms, and explosives;
                    (B) implementing the Canada-United States Firearms 
                Trafficking Action Plan;
                    (C) the feasibility of formulating a firearms 
                trafficking action plan between the United States and 
                Mexico;
                    (D) developing a joint threat assessment on 
                organized crime between the United States and Canada;
                    (E) the feasibility of formulating a joint threat 
                assessment on organized crime between the United States 
                and Mexico;
                    (F) developing mechanisms to exchange information 
                on findings, seizures, and captures of individuals 
                transporting undeclared currency; and
                    (G) developing and implementing a plan to combat 
                the transnational threat of illegal drug trafficking.
            (11) Counterterrorism programs.--Enhancements to 
        counterterrorism coordination, including--
                    (A) reviewing existing counterterrorism efforts and 
                coordination between United States, Canada, and Mexico 
                to maximize effectiveness; and
                    (B) identifying best practices regarding the 
                sharing of information and intelligence with United 
                States, Canada, and Mexico.
            (12) Law enforcement cooperation.--The enhancement of law 
        enforcement cooperation between United States, Canada, and 
        Mexico through enhanced technical assistance for the 
        development and maintenance of a national database built upon 
        identified best practices for biometric standards associated 
        with known or suspected criminals or terrorists, including--
                    (A) exploring the formation of law enforcement 
                teams that include personnel from the United States and 
                Mexico, and appropriate procedures from such teams; and
                    (B) assessing the threat and risk of the use of the 
                St. Lawrence Seaway System, the Great Lakes, and the 
                Gulf of Mexico by known or suspected criminals or 
                terrorists and developing appropriate marine 
                enforcement programs based on the integrated border 
                team framework.
            (13) Biosecurity cooperation.--The progress made to 
        increase and promote cooperation between United States, Canada, 
        and Mexico in the analysis and assessments of intentional 
        threats to biosecurity, naturally occurring threats to 
        biosecurity, and the prevention and response capacity of the 
        United States to respond to such threats, including--
                    (A) mapping relationships among key regulatory and 
                border officials to ensure effective cooperation in 
                planning and responding to a biosecurity threat; and
                    (B) working jointly with Mexico and Canada in 
                support of the Public Health Security and Bioterrorism 
                Preparedness and Response Act of 2002 (Public Law 107-
                188; 116 Stat. 594) to develop a regime that employs a 
                risk management approach to the movement of foods and 
                food products in the United States, Canada, and Mexico 
                and across the borders of such countries, and which 
                builds upon and harmonizes with customs processes.
            (14) Protection against nuclear and radiological threats.--
        The progress made to increase cooperation between the United 
        States, Canada, and Mexico to prevent nuclear and radiological 
        smuggling, including--
                    (A) identifying opportunities to increase 
                cooperation to prevent smuggling of nuclear or 
                radioactive materials, including improving export 
                controls for all materials identified on the high-risk 
                sources list maintained by the International Atomic 
                Energy Agency;
                    (B) working collectively with other countries to 
                install radiation detection equipment at foreign land 
                crossings to examine cargo destined for the United 
                States, Canada, or Mexico;
                    (C) enhancing border controls through effective 
                technical cooperation and other forms of cooperation 
                to--
                            (i) prevent the smuggling of radiological 
                        materials; and
                            (ii) examine related next-generation 
                        equipment;
                    (D) enhancing physical protection of nuclear 
                facilities in the United States, Canada, and Mexico 
                through effective technical and other forms of 
                cooperation; and
                    (E) developing a program for physical protection 
                for nuclear installations in Mexico that increases the 
                level of the nuclear security culture of those 
                individuals responsible for the physical protection of 
                nuclear installations and the transport of nuclear 
                material.
            (15) Emergency management cooperation.--The progress made 
        regarding the appropriate coordination of systems between the 
        United States, Canada, and Mexico for planning and operational 
        standards for emergency management, including the development 
        of an interoperable communications system or the appropriate 
        coordination of existing systems for such countries for cross-
        border incident management.
            (16) Cooperative energy policy.--The progress of efforts 
        to--
                    (A) increase reliable energy supplies for the needs 
                and development of the United States, Canada, and 
                Mexico;
                    (B) streamline and update regulations concerning 
                energy;
                    (C) promote energy efficiency, conservation, and 
                technologies;
                    (D) work with Canada and Mexico to develop a North 
                American energy alliance to bolster the collective 
                security of the United States, Canada, and Mexico by 
                increased reliance on North American energy sources; 
                and
                    (E) work with Mexico to--
                            (i) increase Mexico's crude oil and natural 
                        gas production by obtaining the technology and 
                        financial resources needed by Mexico for energy 
                        sector development;
                            (ii) attract sufficient private direct 
                        investment in the upstream sector, within the 
                        constitutional framework of Mexico, to foster 
                        the development of additional crude oil and 
                        natural gas production; and
                            (iii) attract sufficient private direct 
                        investment in the downstream sector, within the 
                        domestic legal framework of Mexico, to foster 
                        the development of additional domestic refining 
                        capacity to reduce costs for consumers and to 
                        move Mexico toward self-sufficiency in meeting 
                        its domestic energy needs.
            (17) Feasibility of common external tariff and development 
        assistance to the economy of mexico.--The progress of efforts 
        to determine the feasibility of--
                    (A) harmonizing external tariffs with Mexico on a 
                sector-by-sector basis to the lowest prevailing rate 
                consistent with multilateral obligations, with the goal 
                of creating a long-term common external tariff;
                    (B) accelerating and expanding the implementation 
                of existing smart border actions plans to facilitate 
                intra-North American travel and commerce;
                    (C) working with Mexican authorities to devise 
                policies designed to stimulate the Mexican economy 
                that--
                            (i) attracts investment;
                            (ii) stimulates growth; and
                            (iii) commands broad public support and 
                        provides for Mexicans to find jobs in Mexico; 
                        and
                    (D) working to support the development of Mexican 
                industries, job growth, and appropriate improvements to 
                social services.

SEC. 4. INFORMATION SHARING AGREEMENTS.

    The Secretary of State, in coordination with the Secretary of 
Homeland Security and the appropriate officials representing the 
Government of Mexico, is authorized to negotiate an agreement with 
Mexico to--
            (1) cooperate in impeding the ability of third country 
        nationals from using Mexico as a transit corridor for 
        unauthorized entry into the United States; and
            (2) provide technical assistance to support stronger 
        immigration control at the border with Mexico.

SEC. 5. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

    (a) Technical Assistance.--The Secretary of State, in coordination 
with the Secretary of Homeland Security, appropriate officials 
representing the Canadian Department of Foreign Affairs, and 
appropriate officials representing the Government of Mexico, shall 
establish a program to--
            (1) assess the specific needs of Guatemala and Belize in 
        maintaining the security of the borders of such countries;
            (2) use the assessment made under paragraph (1) to 
        determine the financial and technical support needed by 
        Guatemala and Belize from the United States, Canada, and Mexico 
        to meet such needs;
            (3) provide technical assistance to Guatemala and Belize to 
        secure issuance of passports and travel documents by such 
        countries; and
            (4) encourage Guatemala and Belize to--
                    (A) control alien smuggling and trafficking;
                    (B) prevent the use and manufacture of fraudulent 
                travel documents; and
                    (C) share relevant information with the United 
                States, Canada, and Mexico.
    (b) Immigration.--The Secretary of Homeland Security, in 
consultation with the Secretary of State, appropriate officials 
representing the Government of Guatemala, and appropriate officials 
representing the Government of Belize, shall provide robust law 
enforcement assistance to Guatemala and Belize that specifically 
addresses migratory issues to increase the ability of Guatemala and 
Belize to dismantle human smuggling organizations and gain tighter 
control over the shared border between Guatemala and Mexico and Belize 
and Mexico.
    (c) Border Security Between Mexico and Guatemala and Belize.--The 
Secretary of State, in consultation with the Secretary of Homeland 
Security, the appropriate officials representing the Government of 
Mexico, appropriate officials representing the Government of Guatemala, 
and appropriate officials representing the Government of Belize shall 
establish a program to provide needed equipment, technical assistance, 
and vehicles to manage, regulate, and patrol the international border 
between Mexico and Guatemala and between Mexico and Belize.
    (d) Tracking Central American Gangs.--The Secretary of State, in 
coordination with the Secretary of Homeland Security, the Director of 
the Federal Bureau of Investigation, appropriate officials representing 
the Government of Mexico, appropriate officials representing the 
Government of Guatemala, appropriate officials representing the 
Government of Belize, and appropriate officials representing the 
governments of other Central American countries, shall--
            (1) assess the direct and indirect impact on the United 
        States and the countries of Central America as a result of 
        deporting from the United States violent criminal aliens back 
        to such countries;
            (2) establish a program and database to track Central 
        American gang activities, focusing on the identification of 
        returning criminal deportees;
            (3) devise an agreed-upon mechanism for notification to 
        such countries regarding such deportations prior to deportation 
        and for support for reintegration of deportees; and
            (4) devise an agreement to share all relevant information 
        with the appropriate government agencies of Mexico and the 
        appropriate government agencies of such countries.
    (e) Aerial Interdiction of Narcotrafficking Through Central America 
and Panama.--The Secretary of State shall examine the feasibility of 
entering into an agreement with Panama and with other Central American 
countries regarding the establishment of an aerial interdiction program 
that in similar contexts is commonly referred to as ``Airbridge 
Denial''.

SEC. 6. NORTH AMERICAN DEFENSE INSTITUTIONS.

    (a) In General.--The Secretary of Defense, in consultation with the 
Secretary of State, shall examine the feasibility of--
            (1) strengthening institutions for consultations on defense 
        issues among the United States, Canada, and Mexico specifically 
        through--
                    (A) the Joint Interagency Task Force South;
                    (B) the Permanent Joint Board on Defense;
                    (C) joint-staff talks; and
                    (D) senior Army border talks;
            (2) proposing mechanisms to reach agreements with Canada 
        and Mexico regarding contingency plans for responding to 
        threats along the international borders of the United States;
            (3) in consultation with Canada and Mexico, and with input 
        from the United States Northern Command--
                    (A) developing bilateral and trilateral 
                capabilities and coordination mechanisms to address 
                common threats along shared borders; and
                    (B) working cooperatively to clearly limit the term 
                ``threats'' to encompass only military or defense-
                related threats, rather than other threats to homeland 
                security;
            (4) offering technical support to willing regional parties 
        to maintain airspace security, including consultation 
        mechanisms with the Joint Interagency Task Force and the North 
        American Aerospace Defense Command, to improve security in the 
        North American and Central American airspace; and
            (5) proposing mechanisms to strengthen communication 
        information and intelligence sharing on defense issues among 
        the United States, Canada, and Mexico.

SEC. 7. REPATRIATION.

    The Secretary of State shall--
            (1) offer incentives, and negotiate with, other countries 
        to accept the International Civil Aviation Organization Annex 9 
        one-time travel document provided by the United States in lieu 
        of official travel documents if an inadmissible alien has not 
        presented official travel documents or has presented fraudulent 
        ones; and
            (2) provide the proper support necessary to facilitate the 
        removal of inadmissible aliens from the United States and their 
        repatriation in, or reinstatement by, their country of 
        nationality or last country of habitual residence, with a focus 
        on criminal aliens who are considered particularly dangerous or 
        who are potential terrorists.
                                 <all>