North American Cooperative Security Act

[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.
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