[Congressional Record Volume 151, Number 48 (Wednesday, April 20, 2005)]
[Senate]
[Pages S4024-S4026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR:
  S. 853. 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; to the Committee on Foreign 
Relations.
  Mr. LUGAR. Mr. President, I rise to introduce the North American 
Cooperative Security Act, NACSA. The purpose of this bill is to 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. To advance these 
goals, this bill would: Improve procedures for exchanging relevant 
security information with Mexico and Canada; improve our military-to-
military relations with Mexico; improve the security of Mexico's 
southern border; establish a database to track the movement of members 
of Central American gangs between the United States, Mexico, and 
Central American countries; require U.S. government agencies to develop 
a strategy for achieving an agreement with the Mexican government on 
joint measures to impede the ability of third country nationals from 
using Mexico as a transit corridor for unauthorized entry into the 
United States.
  Our Nation is inextricably intertwined with Mexico and Canada 
historically, culturally, and commercially. The flow of goods and 
people across our borders helps drive our economy and strengthen our 
culture. The Department of Transportation reports that goods worth more 
than $633 billion crossed our land borders in 2004. According to the 
Census Bureau more than 26 million of the 39 million individuals of 
Hispanic-origin who are legal residents in the United States are of 
Mexican background.
  But our land borders also serve as a conduit for illegal immigration, 
drugs, and other illicit items. Given the threat of international 
terrorism, there is great concern that our land borders could also 
serve as a channel for international terrorists and weapons of mass 
destruction.
  The threat of terrorist penetration is particularly acute along our 
southern border. In 2004, fewer than 10,000 inividuals were apprehended 
entering the U.S. illegally through our 5,000 mile land border with 
Canada. This compared with the more than 1.1 million that were 
apprehended while trying to cross our 2,000 mile border with Mexico. 
The Department of Homeland Security reports that about 996,000 of these 
individuals were Mexicans crossing the border for economic or family 
reasons.
  The Homeland Security Department refers to the rest as ``other than 
Mexicans,''--or ``OTMs.'' Of the approximately 100,000 OTMs 
apprehended, 3,000 to 4,000 were from so-called ``countries of 
interest'' like Somalia, Pakistan, and Saudi Arabia, which have 
produced or been associated with terrorist cells.

  A few of the individuals who have been apprehended at our southern 
border were known to have connections to terrorists or were entering 
the U.S. under highly suspicious circumstances. For example, one 
Lebanese national, who had paid a smuggler to transport him across the 
U.S.-Mexican border in 2001, was recently convicted of holding a 
fundraiser in his Michigan home for the Hizbollah terrorist group.
  Last July, a Pakistani woman swam across the Rio Grande River from 
Mexico to Texas. She was detained when she tried to board a plane to 
New York with $6,000 in cash and a severely altered South African 
passport. Her husband's name was found to be on a terrorism watch list. 
She was convicted on immigration charges and deported in December 2004.
  Since September 11, 2001, progress has been made in deterring cross-
border threats, while maintaining the efficient movement of people and 
cargo across North America. The United States signed ``Smart Border'' 
agreements with Canada and Mexico, in December 2001 and March 2002, 
respectively. These agreements seek to improve pre-screening of 
immigrants, refugees, and cargo. They include new documentation 
requirements and provisions for adding inspectors and updating border 
security technologies. We also have established Integrated Border 
Enforcement Teams to coordinate law enforcement efforts with Canada.
  Additional initiatives are included in the Presidents' Security and 
Prosperity Partnership of North America Agreement announced on March 
23, 2005, at the North American Summit meeting in Texas. But, 
additional work lies ahead. We must sustain attention and 
accountability at home for enhancing our Continental security, and 
continue to press our neighbors for improved cooperation in combating 
security threats.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 853

       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.

[[Page S4025]]

       (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

[[Page S4026]]

       (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.
                                 ______