I 

108TH CONGRESS 

1ST SESSION H. R. 1464

To enhance the security and efficiency of the immigration, refugee and 

asylum, and naturalization functions of the United States Government. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2003

Mr. BACA (for himself, Mr. GRIJALVA, Mr. PASTOR, Mr. TOWNS, Mr. 

SERRANO, Mr. REYES, Mr. ACEVEDO-VILA ́, Ms. NORTON, Mr. RYAN of 

Ohio, Mr. UDALL of Colorado, Mr. CROWLEY, and Mrs. JONES of Ohio) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL

To enhance the security and efficiency of the immigration, 

refugee and asylum, and naturalization functions of the 

United States Government.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Immigration Security 

5 and Efficiency Enhancement Act of 2003’’. 

6 SEC. 2. PURPOSE. 

7 It is the purpose of this Act to enhance the security 

8 procedures and efficiency of the immigration, refugee and 
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1 asylum, and naturalization services of the United States 

2 Government by mandating the implementation of an elec3 tronic application process utilizing certified filing entities 

4 and e-file applications. 

5 SEC. 3. IMPLEMENTATION OF SECURITY AND EFFICIENCY 

6 ENHANCEMENTS. 

7 (a) PLAN.—Not later than 90 days after the date of 

8 the enactment of this Act, the Secretary of Homeland Se9 curity shall submit to the Congress a plan for the imple10 mentation of security and efficiency enhancements de11 scribed in subsection (b). The plan shall include a time12 table for implementation with appropriate information 

13 concerning the importance and impact of technology, 

14 funding, and other factors on the timetable. 

15 (b) SECURITY AND EFFICIENCY ENHANCEMENTS.—

16 Immigration security and efficiency enhancements are as 

17 follows: 

18 (1) Establishment of a central computer data19 base and network for processing immigration appli20 cations and forms. 

21 (2) Identification of applications and forms ap22 propriate for electronic submission. 

23 (3) Implementation of a pilot project for elec24 tive electronic submission of designated immigration 

25 applications and forms.
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1 (4) Implementation of elective electronic sub2 mission of designated immigration applications and 

3 forms. 

4 (5) Within 4 to 5 years after the date of the 

5 enactment of this Act, electronic submission of des6 ignated immigration applications and forms which 

7 comprise not less than 25 percent of the total by vol8 ume. 

9 (6) Within 6 years after the date of the enact10 ment of this Act, electronic submission of designated 

11 immigration applications and forms comprising not 

12 less than 50 percent of the total by volume. 

13 (7) Within 8 years after the date of the enact14 ment of this Act, electronic submission of designated 

15 immigration applications and forms comprising not 

16 less than 75 percent of the total by volume. 

17 (8) Wherever feasible, electronic submission of 

18 designated immigration applications and forms. 

19 (c) LIMITATIONS.—Notwithstanding any other provi20 sion of this Act, the Secretary of Homeland Security shall 

21 implement an electronic application process only with re22 spect to immigration, refugee and asylum, and naturaliza23 tion services of the United States Government that the 

24 Secretary of Homeland Security determines to be appro25 priate. The Secretary of Homeland Security may not im-
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1 plement an electronic application process with respect to 

2 applications by aliens who have been convicted of a felony 

3 or aliens who are residing in the United States illegally. 

4 (d) ANNUAL REPORT.—Not later than 1 year after 

5 the date of the submission of the plan under subsection 

6 (a) and annually thereafter, the Secretary of Homeland 

7 Security shall submit to the Congress an annual report 

8 which outlines the progress in implementing the plan, to9 gether with any modifications in the projections of the 

10 plan. 

11 SEC. 4. ESTABLISHMENT OF ELECTRONIC FILE MANAGE12 MENT SYSTEM. 

13 The Secretary of Homeland Security shall establish 

14 within the immigration, refugee and asylum, and natu15 ralization functions under the jurisdiction of the Depart16 ment of Homeland Security a computer network composed 

17 of a state-of-the-art electronic file management system 

18 and computer information system to efficiently receive and 

19 process files submitted electronically, detect incorrectly 

20 filled applications and forms, and securely share informa21 tion within the network. 
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1 SEC. 5. ESTABLISHMENT OF IMMIGRATION, REFUGEE AND 

2 ASYLUM, AND NATURALIZATION FILING SYS3 TEM THROUGH CERTIFIED SERVICE PRO4 VIDERS. 

5 (a) IN GENERAL.—The Secretary of Homeland Secu6 rity shall establish within the immigration, refugee and 

7 asylum, and naturalization functions under the jurisdic8 tion of the Department of Homeland Security a system 

9 which provides for the electronic filing and submission of 

10 applications only from organizations and entities certified 

11 by the department to perform immigration and naturaliza12 tion services on behalf of applicants. 

13 (b) CERTIFICATION OF SERVICE PROVIDERS.—The 

14 Secretary of Homeland Security develop criteria and pro15 cedures for the certification of organizations and entities 

16 as service providers. In the certification of service pro17 viders the Secretary of Homeland Security shall consider 

18 the promotion of competition and do everything possible 

19 to prevent monopolies. 

20 (c) CRITERIA FOR CERTIFICATION OF SERVICE PRO21 VIDERS.—The Secretary of Homeland Security shall pro22 mulgate regulations which provide for the criteria for cer23 tification of service providers which shall include the fol24 lowing: 
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1 (1) Submission security—the ability to verify 

2 that a secure link is established for transmitting ap3 plicant information. 

4 (2) Quality control by the private entity/organi5 zation—the ability to determine that the service pro6 viders are competent and qualified to provide reliable 

7 information to applicants on immigration, refugee 

8 and asylum, and naturalization requirements and 

9 procedures necessary to successfully complete appli10 cations. 

11 (3) User identification verification—the ability 

12 to determine that the service provider conducts an 

13 adequate initial identity verification. 

14 (4) The logistical capabilities to participate in 

15 the system. 

16 SEC. 6. GRANTS FOR TECHNOLOGY ENHANCEMENT OF 

17 SERVICE PROVIDERS. 

18 The Secretary of Homeland Security is authorized to 

19 establish a program of grants to nonprofit service pro20 viders under section 5 to assist such entities in obtaining 

21 electronic technologies compatible with those utilized by 

22 the immigration, refugee and asylum, and naturalization 

23 functions under the jurisdiction of the Department of 

24 Homeland Security. 
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1 SEC. 7. ELECTRONIC DATABASE OF CLOSED FILES. 

2 The National Records Center shall create and main3 tain an electronic database of all closed files relating to 

4 immigration, refugee and asylum, and naturalization of 

5 the Department of Homeland Security to speed up the re6 quest process on past records for all Federal agencies that 

7 access such files. 

8 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums 

10 as may be necessary for each fiscal year to carry out this 

11 Act.

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