Border Infrastructure and Technology Integration Act of 2004

108th CONGRESS
2d Session

S. 2295

To authorize appropriations for the Homeland Security Department's Directorate of Science and Technology, establish a program for the use of advanced technology to meet homeland security needs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

April 7, 2004

Mr. MCCAIN (for himself, Mr. KYL, Mr. DORGAN, Mr. SCHUMER, Mrs. CLINTON, and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

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 `Border Infrastructure and Technology Integration Act of 2004'.

TITLE I--BORDER SECURITY

SEC. 101. VULNERABILITY AND THREAT ASSESSMENT.

(a) STUDY- The Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, shall study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each field office of the Bureau of Customs and Border Protection that has responsibility for any portion of the United States borders with Canada and Mexico, including an assessment of the optimal Border Patrol strength for those borders. The Under Secretary shall conduct follow-up studies at least once every 5 years.

(b) REPORT TO CONGRESS- The Under Secretary shall submit a report to Congress on the Under Secretary's findings and conclusions from each study conducted under subsection (a) together with legislative recommendations, as appropriate, for addressing any security vulnerabilities found by the study.

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Department of Homeland Security Directorate of Border and Transportation Security such sums as may be necessary for fiscal years 2005 through 2010 to carry out any such recommendations from the first study conducted under subsection (a).

SEC. 102. DISCRETIONARY ACCOUNTS FOR FIELD OFFICES.

(a) IN GENERAL- The Secretary of Homeland Security may provide up to $15,000 per fiscal year to any field office of the Bureau of Customs and Border Protection to be used by that office in developing innovative techniques and technologies to carry out its duties with respect to the inspection of articles and individuals entering the United States. Financial assistance provided to a field office under this subsection shall be in addition to any amounts made available to that office under any other provision of law.

(b) APPLICATIONS- To receive funding provided under subsection (a) a field office shall submit an application to the Secretary, at such time and in such manner as the Secretary may require, describing the purpose for which the additional funding is requested in sufficient detail to permit the Secretary to determine whether the additional funding is necessary and appropriate.

(1) INFORMATION-SHARING- Not later than 30 days after the head of a field office implements a new technique or technology developed in whole or in part with funding provided under subsection (a), the head of the field office shall submit a report to the Commissioner of the Bureau of Customs and Border Protection of the Department of Homeland Security, the Under Secretary of Homeland Security for Border and Transportation Security, the Under Secretary of Homeland Security for Science and Technology, and the heads of the other field offices regarding the technique or technology in order for successful techniques and technologies to be replicated by other offices.

(2) CONTENTS- The report shall include--

(A) a description of the technique or technology developed or implemented with funds provided under subsection (a); and

(B) information on--

(i) how the technique or technology was employed to enhance border security;

(ii) the effectiveness of the technique or technology for enhancing border security; and

(iii) the need for future development or implementation of additional techniques or technology;

(D) requesting more funding under subsection (a) if the head of the field office believes it necessary to improve or further develop the technique or technology, or to develop additional techniques or technologies; and

(E) providing an explanation of the need for such additional funding and a justification for the amount requested.

SEC. 103. USE OF AERIAL SURVEILLANCE TECHNOLOGIES FOR BORDER SECURITY.

(a) PILOT PROGRAM- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Science and Technology, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, the Secretary of Defense, and the Administrator of the Federal Aviation Administration shall develop a pilot program to utilize, or increase the utilization of, aerial surveillance technologies to enhance the border security of the United States. In developing the program, the Under Secretary shall--

(1) consider current and proposed aerial surveillance technologies that could be utilized to enhance the border security of the United States;

(2) assess the threats to the border security of the United States that can be addressed by the utilization of such technologies; and

(3) assess the feasibility and advisability of utilizing such technologies to address such threats, including an assessment of the technologies considered best suited to address such threats.

(b) ADDITIONAL REQUIREMENTS-

(1) IN GENERAL- The pilot program shall include the utilization of a variety of aerial surveillance technologies in a variety of topographies and areas (including both populated and unpopulated areas) on both the northern and southern borders of the United States in order to evaluate, for a range of circumstances--

(A) the significance of previous experiences with such technologies in homeland security or critical infrastructure protection for the utilization of such technologies for border security;

(B) the cost, utility, and effectiveness of various technologies for border security, including varying levels of technical complexity; and

(2) USE OF UNMANNED AERIAL VEHICLES- The aerial surveillance technologies utilized in the pilot program shall include unmanned aerial vehicles.

(c) IMPLEMENTATION- The Under Secretary of Homeland Security for Border and Transportation Security shall implement the pilot program developed under this section.

(d) REPORT- Not later than 1 year after implementing the pilot program under subsection (a), the Under Secretary shall submit a report on the program to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, and the House of Representatives Select Committee on Homeland Security. The Under Secretary shall include in the report a description of the program together with such recommendations as the Under Secretary finds appropriate, including recommendations for terminating the program, making the program permanent, or enhancing the program.

SEC. 104. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER SECURITY.

(a) PILOT PROGRAM- Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Science and Technology, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, and the Secretary of Defense, shall develop a pilot program to utilize, or increase the utilization of, ground surveillance technologies to enhance the border security of the United States. In developing the program, the Under Secretary shall--

(1) consider various current and proposed ground surveillance technologies that could be utilized to enhance the border security of the United States;

(2) assess the threats to the border security of the United States that could be addressed by the utilization of such technologies; and

(3) assess the feasibility and advisability of utilizing such technologies to address such threats, including an assessment of the technologies considered best suited to address such threats.

(b) ADDITIONAL REQUIREMENTS-

(1) IN GENERAL- The pilot program shall include the utilization of a variety of ground surveillance technologies in a variety of topographies and areas (including both populated and unpopulated areas) on both the northern and southern borders of the United States in order to evaluate, for a range of circumstances--

(A) the significance of previous experiences with such technologies in homeland security or critical infrastructure protection for the utilization of such technologies for border security;

(B) the cost, utility, and effectiveness of such technologies for border security; and

(2) TECHNOLOGIES- The ground surveillance technologies utilized in the pilot program shall include the following:

(A) Video camera technology.

(B) Sensor technology.

(c) IMPLEMENTATION- The Under Secretary of Homeland Security for Border and Transportation Security shall implement the pilot program developed under this section.

SEC. 105. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND INFORMATION SHARING ON BORDER SECURITY.

(a) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology, the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, the Assistant Secretary of Commerce for Communications and Information, and other appropriate Federal, State, local, and tribal agencies, shall develop and implement a plan--

(1) to improve the communications systems of the departments and agencies of the Federal Government in order to facilitate the integration of communications among the departments and agencies of the Federal Government and State, local government agencies, and Indian tribal agencies on matters relating to border security; and

(2) to enhance information sharing among the departments and agencies of the Federal Government, State and local government agencies, and Indian tribal agencies on such matters.

(b) REPORT- Not later than 1 year after implementing the plan under subsection (a), the Secretary shall submit a copy of the plan and a report on the plan, including any recommendations the Secretary finds appropriate, to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, and the House of Representatives Select Committee on Homeland Security.

SEC. 106. BORDER SECURITY COORDINATION.

(a) IN GENERAL- The Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, shall work with Federal, State, local, and tribal agencies on law enforcement, emergency response, or security-related responsibilities for areas on or adjacent to the United States borders with Canada and Mexico to develop and implement a plan to ensure that border security is not compromised--

(1) when jurisdiction over an area or facility passes from one agency to another;

(2) in areas of shared jurisdiction; or

(3) when one Federal agency relinquishes jurisdiction to another pursuant to a memorandum of understanding.

(b) KEY ELEMENTS OF PLAN- In developing the plan, the Under Secretary shall focus particularly on--

(1) the coordination of emergency responses to border security events;

(2) improved data-sharing and communications among the responsible agencies; and

(3) research and development relating to technology and systems for improved coordination among the responsible agencies.

(c) REPORT- Not later than 1 year after implementing the plan under subsection (a), the Under Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, the House of Representatives Select Committee on Homeland Security, and other appropriate committees of Congress on the development and implementation of the plan. The report shall include information on Federal agency response times to calls for assistance on immigration-related matters from State and local government agencies.

SEC. 107. MONITORING FOR BORDER AREA BIOTERRORISM ATTACKS.

(a) IN GENERAL- The Secretary of Homeland Security and the Secretary of Health and Human Services shall execute a memorandum of understanding between the Department of Homeland Security and the Department of Health and Human Services establishing a system--

(1) to monitor hospitals along the United States borders with Canada and Mexico for signs of potential health threats or bioterror attacks; and

(2) to ensure cooperation and information-sharing between the departments with respect to such threats or attacks.

(b) REPORT- Not later than 1 year after the memorandum of understanding is executed and annually thereafter, the Secretaries shall transmit a joint report to the Congress on the system established under subsection (a) during the preceding calendar year. The report shall include a description of measures taken to deal with any problems reported, proposals for improving the system, and recommendations (including legislative recommendations if appropriate), to improve or expand the system.

TITLE II--DEPARTMENT OF HOMELAND SECURITY DIRECTORATE OF SCIENCE AND TECHNOLOGY

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

(a) Fiscal Year 2005- There are authorized to be appropriated to the Secretary of Homeland Security for the Directorate of Science and Technology $1,039,350,000 for fiscal year 2005 to carry out title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), of which--

(1) $129,300,000 shall be for radiological/nuclear countermeasures;

(2) $407,000,000 shall be for biological countermeasures;

(3) $62,700,000 shall be for chemical and high explosives countermeasures;

(4) $39,700,000 shall be for the standards and State and local program;

(5) $34,000,000 shall be for the Conventional Missions/Components Program;

(6) $30,000,000 shall be for university programs;

(7) $21,000,000 shall be for emerging threats;

(8) $76,000,000 shall be for the Rapid Prototyping Program;

(9) $101,900,000 shall be for threat and vulnerability testing and assessment;

(10) $61,000,000 shall be for Counter MANPADS/Critical Infrastructure Protection;

(11) $52,600,000 shall be for salary and expenses; and

(12) $24,150,000 shall be for Research and Development Consolidation transferred funds.

(b) Fiscal Year 2006- There are authorized to be appropriated to the Secretary of Homeland Security for the Directorate of Science and Technology $1,045,656,000 for fiscal year 2006 to carry out title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), of which--

(1) $133,179,000 shall be for radiological/nuclear countermeasures;

(2) $419,210,000 shall be for biological countermeasures;

(3) $64,581,000 shall be for chemical and high explosives countermeasures;

(4) $40,891,000 shall be for the standards and State and local program;

(5) $35,020,000 shall be for the Conventional Missions/Components Program;

(6) $30,900,000 shall be for university programs;

(7) $21,630,000 shall be for emerging threats;

(8) $78,280,000 shall be for the Rapid Prototyping Program;

(9) $104,957,000 shall be for threat and vulnerability testing and assessment;

(10) $62,830,000 shall be for Counter MANPADS/Critical Infrastructure Protection; and

(11) $54,178,000 shall be for salary and expenses.

(c) Fiscal Year 2007- There are authorized to be appropriated to the Secretary of Homeland Security for the Directorate of Science and Technology $1,077,025,680 for fiscal year 2007 to carry out title III

of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), of which--

(1) $137,174,370 shall be for radiological/nuclear countermeasures;

(2) $431,786,300 shall be for biological countermeasures;

(3) $66,518,430 shall be for chemical and high explosives countermeasures;

(4) $42,117,730 shall be for the standards and State and local program;

(5) $36,070,600 shall be for the Conventional Missions/Components Program;

(6) $31,827,000 shall be for university programs;

(7) $22,278,900 shall be for emerging threats;

(8) $80,628,400 shall be for the Rapid Prototyping Program;

(9) $108,105,710 shall be for threat and vulnerability testing and assessment;

(10) $64,714,900 shall be for Counter MANPADS/Critical Infrastructure Protection; and

(11) $55,803,340 shall be for salary and expenses.

(d) Fiscal Year 2008- There are authorized to be appropriated to the Secretary of Homeland Security for the Directorate of Science and Technology $1,109,336,450 for fiscal year 2008 to carry out title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), of which--

(1) $141,289,601 shall be for radiological/nuclear countermeasures;

(2) $444,739,889 shall be for biological countermeasures;

(3) $68,513,983 shall be for chemical and high explosives countermeasures;

(4) $43,381,262 shall be for the standards and State and local program;

(5) $37,152,718 shall be for the Conventional Missions/Components Program;

(6) $32,781,810 shall be for university programs;

(7) $22,947,267 shall be for emerging threats;

(8) $83,047,252 shall be for the Rapid Prototyping Program;

(9) $111,348,881 shall be for threat and vulnerability testing and assessment;

(10) $66,656,347 shall be for Counter MANPADS/Critical Infrastructure Protection; and

(11) $57,477,440 shall be for salary and expenses.

SEC. 202. RESEARCH NEEDS AND PRIORITIES REPORT.

(a) IN GENERAL- Not later than 180 days after the date of enactment of this Act and annually thereafter, the Under Secretary of Homeland Security for Science and Technology shall transmit to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, and the House of Representatives Select Committee on Homeland Security a report on research and development needs and priorities identified for all elements of the Department of Homeland Security.

(b) CONTENT- The report shall include a description of--

(1) the research and development needs in support of the Department's missions;

(2) priorities established for directing, funding, and conducting research and development activities of the Department;

(3) the Directorate of Science and Technology's efforts and priorities to meet the research and development needs of the Department;

(4) the progress that the Science and Technology Directorate has made in its efforts to meet the needs described in paragraph (1); and

(5) strategies to coordinate and integrate all research, development, demonstration, testing, and evaluation activities of the Department.

SEC. 203. NATIONAL ACADEMY OF SCIENCES.

(a) REVIEW- Not later than 60 days after the initial report is submitted under section 202, the Under Secretary of Homeland Security for Science and Technology shall contract with the National Academy of Sciences to conduct a review of the Science and Technology Directorate's research and development needs and priorities described in the report. The review shall include--

(1) an assessment of the Directorate's ability to meet the research and development needs of the Department of Homeland Security;

(2) a review of the process used to determine research priorities;

(3) a review of the grant proposal evaluation process; and

(4) a review of the technology transfer process.

(b) REPORT- Not later than 1 year after the date of enactment of this Act, the National Academy of Sciences shall report to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, and the House of Representatives Select Committee on Homeland Security on the results of the review conducted under subsection (a).

SEC. 204. RESEARCH AND DEVELOPMENT ACTIVITIES REPORTS.

Not later than 60 days after the initial report is submitted under section 202, the Secretary of Homeland Security shall--

(1) identify all research and development activities in the Department of Homeland Security that are not conducted within the Directorate of Science and Technology; and

(2) consolidate those activities so as to eliminate needless duplication of effort.

SEC. 205. PERSONNEL PLAN.

Not later than 3 months after the date of enactment of this Act, the Under Secretary of Homeland Security for Science and Technology shall submit a personnel staffing plan for the Science and Technology Directorate to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science. The plan shall include information on recruitment procedures, compensation arrangements, and the number and qualifications of employees required for the Directorate.

SEC. 206. HOMELAND SECURITY INSTITUTE.

Section 312 of the Homeland Security Act of 2002 (6 U.S.C. 192) is amended by striking subsection (g).

SEC. 207. TECHNOLOGY TRANSFER AND LICENSING OFFICE.

(a) ESTABLISHMENT OF THE OFFICE- The Under Secretary of Homeland Security for Science and Technology shall establish a Technology Transfer and Licensing Office within the Directorate of Science and Technology. The Office shall--

(1) facilitate the transfer of technologies into and out of the Directorate of Science and Technology; and

(2) handle the licensing activities for the Directorate of Science and Technology.

(b) TECHNOLOGY TRANSFER PLAN- Not later than 180 days after the date of enactment of this Act, the Under Secretary shall develop and implement a technology transfer plan for the Directorate. The technology transfer plan shall include--

(1) a framework of oversight and administrative requirements for carrying out technology transfer activities;

(2) a description of how the Office will identify, assess, license, and monitor research and development projects that the Department and its related facilities determine have a potential for public and commercial application; and

(3) procedures for the dissemination of information on Federally owned or originated products, processes, and services to interested parties.

(c) PLAN AND REPORT- The Under Secretary shall transmit a copy of the plan, together with recommendations (including legislative recommendations) if any, to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, and the House of Representatives Select Committee on Homeland Security within 1 year after the plan is implemented.

SEC. 208. HOMELAND SECURITY TECHNOLOGY INVESTMENT STUDY.

(a) IN GENERAL- Within 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall initiate and complete a study to determine the feasibility of funding a nonprofit government-sponsored enterprise for the purpose of investing in private sector enterprises to support research and development of new technologies that show promise for homeland security applications.

(b) REPORT- The Secretary shall transmit a report, with the Secretary's findings, conclusions, and recommendations (including legislative recommendations, if appropriate), within 120 days after the date of enactment of this Act to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, and the House of Representatives Select Committee on Homeland Security.

END