[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 539 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 539

  To authorize appropriations for border and transportation security 
           personnel and technology, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2003

  Mr. Domenici (for himself, Mr. Dorgan, Mr. Kyl, Mrs. Feinstein, Ms. 
  Murkowski, Mr. Burns, Mrs. Murray, Mr. McCain, Mrs. Hutchison, Mr. 
  Coleman, and Mr. Bingaman) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of 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 2004 through 2008, 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 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 
        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 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 enactment of this Act.
    (b) Maquiladora Demonstration Program.--Not later than 180 days 
after the date of 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.
    (c) Demonstration Sites.--
            (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 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 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.
    (e) Report.--
            (1) Requirement.--Not later than 1 year after the date of 
        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 2004 through 2008;
            (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 2004 
                through 2008; and
                    (B) to carry out subsection (d) of such section--
                            (i) $100,000,000 for each of the fiscal 
                        years 2004 through 2008; 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 2004, 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 2005 through 2008; and
                    (B) to carry out subsection (b) of such section--
                            (i) $5,000,000 for fiscal year 2004; and
                            (ii) such sums as may be necessary for the 
                        fiscal years 2005 through 2008; 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 2004; and
                    (B) such sums as may be necessary for each of the 
                fiscal years 2005 through 2008.
    (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.
                                 <all>