110th CONGRESS
1st Session
S. 575
To authorize appropriations for border and transportation security
personnel and technology, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 13, 2007
Mr. DOMENICI (for himself, Mr. DORGAN, Mrs. HUTCHISON, Mr. KYL, and Mrs.
MURRAY) introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
A BILL
To authorize appropriations for border and transportation security
personnel and technology, 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 `Border Infrastructure and Technology Modernization
Act of 2007'.
SEC. 2. DEFINITIONS.
(1) COMMISSIONER- The term `Commissioner' means the Commissioner responsible
for United States Customs and Border Protection of the Department of Homeland
Security.
(2) MAQUILADORA- The term `maquiladora' means an entity located in Mexico
that assembles and produces goods from imported parts for export to the
United States.
(3) NORTHERN BORDER- The term `northern border' means the international
border between the United States and Canada.
(4) SOUTHERN BORDER- The term `southern border' means the international
border between the United States and Mexico.
(5) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary
for Border and Transportation Security of the Department of Homeland Security.
SEC. 3. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY PERSONNEL.
(a) Inspectors and Agents-
(1) INCREASE IN INSPECTORS AND AGENTS- During each of fiscal years 2008
through 2012, the Under Secretary shall--
(A) increase the number of full-time agents and associated support staff
in the Bureau of Immigration and Customs Enforcement of the Department
of Homeland Security by the equivalent of at least 100 more than the
number of such employees in the Bureau as of the end of the preceding
fiscal year; and
(B) increase the number of full-time inspectors and associated support
staff in the Bureau of Customs and Border Protection by the equivalent
of at least 200 more than the number of such employees in the Bureau
as of the end of the preceding fiscal year.
(2) WAIVER OF FTE LIMITATION- The Under Secretary is authorized to waive
any limitation on the number of full-time equivalent personnel assigned
to the Department of Homeland Security to fulfill the requirements of
paragraph (1).
(b) Training- The Under Secretary shall provide appropriate training for
agents, inspectors, and associated support staff of the Department of Homeland
Security on an ongoing basis to utilize new technologies and to ensure that
the proficiency levels of such personnel are acceptable to protect the borders
of the United States.
SEC. 4. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
(a) Requirement To Update- Not later than January 31 of each year, the Administrator
of General Services shall update the Port of Entry Infrastructure Assessment
Study prepared by the United States Customs Service, the Immigration and
Naturalization Service, and the General Services Administration in accordance
with the matter relating to the ports of entry infrastructure assessment
that is set out in the joint explanatory statement in the conference report
accompanying H.R. 2490 of the 106th Congress, 1st session (House of Representatives
Rep. No. 106-319, on page 67) and submit such updated study to Congress.
(b) Consultation- In preparing the updated studies required in subsection
(a), the Administrator of General Services shall consult with the Director
of the Office of Management and Budget, the Under Secretary, and the Commissioner.
(c) Content- Each updated study required in subsection (a) shall--
(1) identify port of entry infrastructure and technology improvement projects
that would enhance border security and facilitate the flow of legitimate
commerce if implemented;
(2) include the projects identified in the National Land Border Security
Plan required by section 5; and
(3) prioritize the projects described in paragraphs (1) and (2) based
on the ability of a project to--
(A) fulfill immediate security requirements; and
(B) facilitate trade across the borders of the United States.
(d) Project Implementation- The Commissioner shall implement the infrastructure
and technology improvement projects described in subsection (c) in the order
of priority assigned to each project under paragraph (3) of such subsection.
(e) Divergence From Priorities- The Commissioner may diverge from the priority
order if the Commissioner determines that significantly changed circumstances,
such as immediate security needs or changes in infrastructure in Mexico
or Canada, compellingly alter the need for a project in the United States.
SEC. 5. NATIONAL LAND BORDER SECURITY PLAN.
(a) Requirement for Plan- Not later than January 31 of each year, the Under
Secretary shall prepare a National Land Border Security Plan and submit
such plan to Congress.
(b) Consultation- In preparing the plan required in subsection (a), the
Under Secretary shall consult with the Under Secretary for Information Analysis
and Infrastructure Protection and the Federal, State, and local law enforcement
agencies and private entities that are involved in international trade across
the northern border or the southern border.
(c) Vulnerability Assessment-
(1) IN GENERAL- The plan required in subsection (a) shall include a vulnerability
assessment of each port of entry located on the northern border or the
southern border.
(2) PORT SECURITY COORDINATORS- The Under Secretary may establish 1 or
more port security coordinators at each port of entry located on the northern
border or the southern border--
(A) to assist in conducting a vulnerability assessment at such port;
and
(B) to provide other assistance with the preparation of the plan required
in subsection (a).
SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Customs-Trade Partnership Against Terrorism-
(1) IN GENERAL- Not later than 180 days after the date of the enactment
of this Act, the Commissioner, in consultation with the Under Secretary,
shall develop a plan to expand the size and scope (including personnel
needs) of the Customs-Trade Partnership Against Terrorism programs along
the northern border and southern border, including--
(A) the Business Anti-Smuggling Coalition;
(B) the Carrier Initiative Program;
(C) the Americas Counter Smuggling Initiative;
(D) the Container Security Initiative;
(E) the Free and Secure Trade Initiative; and
(F) other Industry Partnership Programs administered by the Commissioner.
(2) SOUTHERN BORDER DEMONSTRATION PROGRAM- Not later than 180 days after
the date of the enactment of this Act, the Commissioner shall establish
a demonstration program along the southern border for the purpose of implementing
at least one Customs-Trade Partnership Against Terrorism program along
that border. The Customs-Trade Partnership Against Terrorism program selected
for the demonstration program shall have been successfully implemented
along the northern border as of the date of the enactment of this Act.
(b) Maquiladora Demonstration Program- Not later than 180 days after the
date of the enactment of this Act, the Commissioner shall establish a demonstration
program to develop a cooperative trade security system to improve supply
chain security.
SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Establishment- The Under Secretary shall carry out a technology demonstration
program to test and evaluate new port of entry technologies, refine port
of entry technologies and operational concepts, and train personnel under
realistic conditions.
(b) Technology and Facilities-
(1) TECHNOLOGY TESTED- Under the demonstration program, the Under Secretary
shall test technologies that enhance port of entry operations, including
those related to inspections, communications, port tracking, identification
of persons and cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass destruction.
(2) FACILITIES DEVELOPED- At a demonstration site selected pursuant to
subsection (c)(2), the Under Secretary shall develop facilities to provide
appropriate training to law enforcement personnel who have responsibility
for border security, including cross-training among agencies, advanced
law enforcement training, and equipment orientation.
(1) NUMBER- The Under Secretary shall carry out the demonstration program
at not less than 3 sites and not more than 5 sites.
(2) SELECTION CRITERIA- To ensure that at least 1 of the facilities selected
as a port of entry demonstration site for the demonstration program has
the most up-to-date design, contains sufficient space to conduct the demonstration
program, has a traffic volume low enough to easily incorporate new technologies
without interrupting normal processing activity, and can efficiently carry
out demonstration and port of entry operations, at least 1 port of entry
selected as a demonstration site shall--
(A) have been established not more than 15 years before the date of
the enactment of this Act;
(B) consist of not less than 65 acres, with the possibility of expansion
onto not less than 25 adjacent acres; and
(C) have serviced an average of not more than 50,000 vehicles per month
in the 12 full months preceding the date of the enactment of this Act.
(d) Relationship With Other Agencies- The Under Secretary shall permit personnel
from an appropriate Federal or State agency to utilize a demonstration site
described in subsection (c) to test technologies that enhance port of entry
operations, including those related to inspections, communications, port
tracking, identification of persons and cargo, sensory devices, personal
detection, decision support, and the detection and identification of weapons
of mass destruction.
(1) REQUIREMENT- Not later than 1 year after the date of the enactment
of this Act, and annually thereafter, the Under Secretary shall submit
to Congress a report on the activities carried out at each demonstration
site under the technology demonstration program established under this
section.
(2) CONTENT- The report shall include an assessment by the Under Secretary
of the feasibility of incorporating any demonstrated technology for use
throughout the Bureau of Customs and Border Protection.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- In addition to any funds otherwise available, there are
authorized to be appropriated--
(1) to carry out the provisions of section 3, such sums as may be necessary
for the fiscal years 2008 through 2012;
(2) to carry out the provisions of section 4--
(A) to carry out subsection (a) of such section, such sums as may be
necessary for the fiscal years 2008 through 2012; and
(B) to carry out subsection (d) of such section--
(i) $100,000,000 for each of the fiscal years 2008 through 2012; and
(ii) such sums as may be necessary in any succeeding fiscal year;
(3) to carry out the provisions of section 6--
(A) to carry out subsection (a) of such section--
(i) $30,000,000 for fiscal year 2008, of which $5,000,000 shall be
made available to fund the demonstration project established in paragraph
(2) of such subsection; and
(ii) such sums as may be necessary for the fiscal years 2009 through
2012; and
(B) to carry out subsection (b) of such section--
(i) $5,000,000 for fiscal year 2008; and
(ii) such sums as may be necessary for the fiscal years 2009 through
2012; and
(4) to carry out the provisions of section 7, provided that not more than
$10,000,000 may be expended for technology demonstration program activities
at any 1 port of entry demonstration site in any fiscal year--
(A) $50,000,000 for fiscal year 2008; and
(B) such sums as may be necessary for each of the fiscal years 2009
through 2012.
(b) International Agreements- Funds authorized in this Act may be used for
the implementation of projects described in the Declaration on Embracing
Technology and Cooperation to Promote the Secure and Efficient Flow of People
and Commerce across our Shared Border between the United States and Mexico,
agreed to March 22, 2002, Monterrey, Mexico (commonly known as the Border
Partnership Action Plan) or the Smart Border Declaration between the United
States and Canada, agreed to December 12, 2001, Ottawa, Canada that are
consistent with the provisions of this Act.
END
