[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.
______