[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2295 Introduced in Senate (IS)]







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


 
  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.

    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.
    (c) Reports.--
            (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;
                    (C) accounting for expenditures of funds received 
                under subsection (a);
                    (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
                    (C) liability, safety, and privacy concerns 
                relating to the utilization of such technologies for 
                border security.
            (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
                    (C) liability, safety, and privacy concerns 
                relating to the utilization of such technologies for 
                border security.
            (2) Technologies.--The ground surveillance technologies 
        utilized in the pilot program shall include the following:
                    (A) Video camera technology.
                    (B) Sensor technology.
                    (C) Motion detection technology.
    (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. 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.
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