[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 853 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 853

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 20, 2005

   Mr. Lugar introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of State to establish a program to bolster 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. NORTH AMERICAN SECURITY INITIATIVE.

    (a) In General.--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 North America.
    (b) Responsibilities.--In implementing the provisions of this Act, 
the Secretary of State shall carry out all of the activities described 
in this Act.

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

    (a) Report.--Not later than 6 months after the date of enactment of 
this Act, and every 6 months thereafter, the Secretary of State, in 
coordination with the Secretary of Homeland Security and the Secretary 
of Defense, each responsible for their pertinent areas of jurisdiction, 
shall submit a joint report, to the congressional committees listed 
under subsection (b) that contains a description of the efforts to 
carry out this section and sections 4 through 7.
    (b) Appropriate Congressional Committees Defined.--The 
congressional committees listed under this subsection are--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (3) the Committee on International Relations of the House 
        of Representatives;
            (4) the Select Committee on Homeland Security of the House 
        of Representatives;
            (5) the Committee on Armed Services of the Senate; and
            (6) the Committee on Armed Services of the House of 
        Representatives.
    (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 
        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'') at major crossings, and 
                the progress made in implementing the Fast and Secure 
                Trade program at all remaining commercial crossings 
                between Canada and the United States;
                    (B) marketing programs to promote enrollment in 
                FAST;
                    (C) finding ways and means of increasing 
                participation in FAST; and
                    (D) the implementation of FAST at the international 
                border between Mexico and the United States.
            (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 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, 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 
                ``SENTRI'') and the NEXUS program;
                    (B) measure and report wait times for commercial 
                and non-commercial traffic at the land ports, 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 Canada, Mexico, and the United States; 
                        and
                            (ii) promote the legitimate flow of both 
                        people and goods across 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 FAST;
                    (C) the development of a strategic plan for 
                expanding the number of dedicated FAST lanes at major 
                crossings at the international border between Mexico 
                and the United States; and
                    (D) an inventory of border transportation 
                infrastructure in major transportation corridors.
            (5) Security clearances and document integrity.--The 
        development of more common or otherwise equivalent enrollment, 
        security, technical, and biometric standards for the issuance, 
        authentication, validation, and repudiation of secure 
        documents, including--
                    (A) technical and biometric standards based on best 
                practices and consistent with international standards 
                for the issuance, authentication, validation, and 
                repudiation of travel documents, including--
                            (i) passports;
                            (ii) visas; and
                            (iii) permanent resident cards;
                    (B) working with the Governments of Canada and 
                Mexico to encourage foreign governments to enact laws 
                controlling alien smuggling and trafficking, use, and 
                manufacture of fraudulent travel documents and 
                information sharing;
                    (C) applying the necessary pressures 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 for the 
                development and maintenance of a national database 
                built upon identified best practices for biometrics 
                associated with visa and travel documents.
            (6) Immigration and visa management.--The progress on 
        efforts to share information on high-risk individuals that 
        might attempt to travel to Canada, Mexico, or the United 
        States, including--
                    (A) immigration lookout data on high risk 
                individuals by implementing the Statement of Mutual 
                Understanding on Information Sharing, which was signed 
                by Canada and the United States 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 Governments of Canada, Mexico, and the 
        United States to enhance North American security by cooperating 
        on visa policy and identifying best practices regarding 
        immigration security, including--
                    (A) enhancing consultation among visa issuing 
                officials at consulates or embassies of Canada, Mexico, 
                and the United States throughout the world to share 
                information, trends, and best practices on visa flows;
                    (B) comparing the procedures and policies of Canada 
                and the United States related to visitor visa 
                processing, including--
                            (i) application process;
                            (ii) interview policy;
                            (iii) general screening procedures;
                            (iv) visa validity;
                            (v) quality control measures; and
                            (vi) access to appeal or review;
                    (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 biometrics 
                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 on 
                lost and stolen passports on a real-time basis among 
                immigration or law enforcement officials of the 
                Governments of Canada, Mexico, and the United States; 
                and
                    (G) the progress made by the Department of State in 
                collecting 10 fingerprints from all visa applicants.
            (8) North american visitor overstay program.--The progress 
        made to implement parallel entry-exit tracking systems between 
        Canada and the United States--
                    (A) to share information on third country nationals 
                who have overstayed in either country; and
                    (B) that respect the privacy laws of each country.
            (9) Terrorist watch lists.--The progress made to enhance 
        capacity of the United States to combat terrorism through the 
        coordination of counterterrorism efforts, including--
                    (A) bilateral agreements between Canada and the 
                United States and between Mexico and the United States 
                to govern the sharing of terrorist watch list data and 
                to comprehensively enumerate the uses of such data by 
                the governments of each country;
                    (B) establishing appropriate linkages between 
                Canada, Mexico, and the United States Terrorist 
                Screening Center; and
                    (C) working to explore with foreign governments the 
                establishment of a multilateral watch list mechanism 
                that would facilitate direct coordination between the 
                country that identifies an individual as an individual 
                included on a watch list, and the 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) information sharing and law enforcement 
                cooperation, especially 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 Mexico and the United 
                States;
                    (D) developing a joint threat assessment on 
                organized crime between Canada and the United States;
                    (E) the feasibility of formulating a joint threat 
                assessment on organized crime between Mexico and the 
                United States;
                    (F) developing mechanisms to exchange information 
                on findings, seizures, and capture 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 to maximize effectiveness; and
                    (B) identifying best practices regarding the 
                sharing of information and intelligence.
            (12) Law enforcement cooperation.--The enhancement of law 
        enforcement cooperation through enhanced technical assistance 
        for the development and maintenance of a national database 
        built upon identified best practices for biometrics associated 
        with known and 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 St. 
                Lawrence Seaway System and the Great Lakes and 
                developing appropriate marine enforcement programs 
                based on the integrated border team framework.
            (13) Biosecurity cooperation.--The progress made to 
        increase and promote cooperation in the analysis and 
        assessments of intentional threats to biosecurity, including 
        naturally occurring threats, as well as in the United States 
        prevention and response capacity and plans to respond to these 
        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 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 our countries 
                and across our shared border, and which builds upon and 
                harmonizes with customs processes.
            (14) Protection against nuclear and radiological threats.--
        The progress made to increase cooperation 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 North America;
                    (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 North America through effective technical 
                and other forms of cooperation; and
                    (E) developing a program on physical protection for 
                Mexican nuclear installations that increases the level 
                of the ``nuclear security culture'' of those 
                responsible for the physical protection of nuclear 
                installations and transport of nuclear material.
            (15) Emergency management cooperation.--The progress made 
        regarding the appropriate coordination of our systems and 
        planning and operational standards for emergency management, 
        including the development of an interoperable communications 
        system or the appropriate coordination of existing systems for 
        Canada, Mexico, and the United States for cross-border incident 
        management.
            (16) Cooperative energy policy.--The progress of efforts 
        to--
                    (A) increase reliable energy supplies for the 
                region's needs and development;
                    (B) streamline and update regulations concerning 
                energy;
                    (C) promote energy efficiency, conservation, and 
                technologies;
                    (D) work with the Governments of Canada and Mexico 
                to develop a North American energy alliance to bolster 
                our collective security by increased reliance on North 
                American energy sources; and
                    (E) work with the Government of 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 its 
                        constitutional framework, to foster the 
                        development of additional crude oil and natural 
                        gas production; and
                            (iii) attract the private direct investment 
                        in the downstream sector, within its domestic 
                        legal framework, 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 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 a 
                set of 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 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, the Canadian Department of 
Foreign Affairs, and 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 Canada, Mexico, and the United States 
        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 Mexico, Canada, 
                and the United States.
    (b) Immigration.--The Secretary of Homeland Security, in 
consultation with the Secretary of State and appropriate officials of 
the Governments of Guatemala and Belize, shall provide robust law 
enforcement assistance to Guatemala and Belize that specifically 
addresses migratory issues to increase the ability of the Government of 
Guatemala to dismantle human smuggling organizations and gain tighter 
control over the border.
    (c) Border Security Between Mexico and Guatemala or Belize.--The 
Secretary of State, in consultation with the Secretary of Homeland 
Security, the Government of Mexico, and appropriate officials of the 
Governments of Guatemala, Belize, and neighboring contiguous countries, 
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, the Government of Mexico, and 
appropriate officials of the Governments of Guatemala, Belize, and 
other Central American countries, shall--
            (1) assess the direct and indirect impact on the United 
        States and Central America on deporting violent criminal 
        aliens;
            (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 
        applied prior to deportation and for support for reintegration 
        of these deportees; and
            (4) devise an agreement to share all relevant information 
        with the appropriate agencies of Mexico and other Central 
        American 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 the other countries of 
Central America regarding the aerial interdiction program commonly 
known 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, Mexico, and Canada, 
        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 the 
        Government of Canada or Mexico regarding contingency plans for 
        responding to threats along the international borders of the 
        United States;
            (3) in consultation with the Governments of 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) work together to clearly define the term 
                ``threats'' to only encompass military or defense-
                related threats, rather than other threats to homeland 
                security;
            (4) offering technical support to willing regional parties 
        to maintain air space 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 space; and
            (5) proposing mechanisms to strengthen communication 
        information and intelligence sharing on defense issues among 
        the United States, Mexico, and Canada.

SEC. 7. REPATRIATION.

    The Secretary of State shall--
            (1) apply the necessary pressure on, 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 immigrant has not presented official travel 
        documents or has presented fraudulent ones; and
            (2) provide the proper support and international pressure 
        necessary to facilitate the removal of inadmissible aliens from 
        the United States and their repatriation in, or reinstatement 
        by, a responsible country, with a focus on criminal aliens that 
        are deemed particularly dangerous or potential terrorists.
                                 <all>