[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2431 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2431

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2007

  Mr. Cuellar (for himself and Mr. Rehberg) introduced the following 
     bill; which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 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.

    In this Act:
            (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) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of Homeland Security.

SEC. 3. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY 
              PERSONNEL.

    (a) Officers and Agents.--
            (1) Increase in officers and agents.--During each of fiscal 
        years 2008 through 2012, the Secretary shall--
                    (A) increase the number of full-time agents and 
                associated support staff in United States Immigration 
                and Customs Enforcement of the Department of Homeland 
                Security by the equivalent of at least 100 more than 
                the number of such employees as of the end of the 
                preceding fiscal year; and
                    (B) increase the number of full-time officers, 
                agricultural specialists, and associated support staff 
                in the United States Customs and Border Protection of 
                the Department of Homeland Security by the equivalent 
                of at least 200 more than the number of such employees 
                as of the end of the preceding fiscal year.
            (2) Waiver of fte limitation.--The 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 Secretary, acting through the Assistant 
Secretary for United States Immigration and Customs Enforcement and the 
Commissioner, shall provide appropriate training for agents, officers, 
agricultural specialists, 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 Commissioner, in consultation with the Administrator of General 
Services shall--
            (1) review the Port of Entry Infrastructure Assessment 
        Study prepared by United States Customs and Border Protection, 
        United States Citizenship and Immigration Services, 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 the nationwide strategy to prioritize and address the 
        infrastructure needs at the land ports-of-entry prepared by the 
        Department of Homeland Security and the General Services 
        Administration in accordance with the Senate report 
        accompanying H.R. 2555 of the 108th Congress, 1st session 
        (Senate Rep. No. 108-86, on page 22);
            (2) update the assessment of the infrastructure needs of 
        all United States land ports of entry; and
            (3) submit to Congress such updated assessment.
    (b) Consultation.--In preparing the updated assessment required in 
subsection (a), the Commissioner and the Administrator of General 
Services shall consult with the Director of the Office of Management 
and Budget, the Secretary, and appropriate officials from affected 
State and local agencies on the northern border or the southern border.
    (c) Contents.--Each updated assessment 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) enhance the ability of United States Customs 
                and Border Protection to achieve its mission and to 
                support operations;
                    (B) fulfill security requirements; and
                    (C) facilitate trade across the borders of the 
                United States.
    (d) Project Implementation.--As appropriate, 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, or forward the 
prioritized list of infrastructure and technology improvement projects 
to the Administrator of General Services for implementation in the 
order of priority assigned to each project under such paragraph (3).
    (e) Divergence From Priorities.--The Commissioner may diverge from 
the priority order if the Commissioner determines that significantly 
changed circumstances, including immediate security needs, changes in 
infrastructure in Mexico or Canada, or other similar concerns 
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 Secretary, acting through the Commissioner, 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 Commissioner shall consult with appropriate officials from 
other appropriate Federal agencies, and the State, 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 Secretary, acting 
        through the Commissioner, may establish one 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 under subsection (a).

SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS.

    (a) Commerce Security Programs.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Commissioner, in consultation 
        with the Secretary, shall develop a plan to expand the size and 
        scope, including personnel needs, of the Customs-Trade 
        Partnership Against Terrorism program or other voluntary 
        government-private sector programs to strengthen and improve 
        the overall security of the international supply chain and 
        United States border security along the northern border and 
        southern border.
            (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 
        voluntary government-private sector program to strengthen and 
        improve the overall security of the international supply chain 
        and United States border security along such border. The 
        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 along the southern 
border.

SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

    (a) Establishment.--The Secretary, acting through the Commissioner, 
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 Commissioner 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 Commissioner 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 Commissioner shall carry out the 
        demonstration program at not fewer than three sites and not 
        more than five sites.
            (2) Location.--At least one of the sites selected under 
        subsection (c) shall be located on the northern border of the 
        United States and at least one of the sites selected under 
        subsection (c) shall be located on the southern border of the 
        United States.
            (3) Selection criteria.--To ensure that at least one 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 one 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 Secretary, acting 
through the Commissioner, shall permit personnel from appropriate 
Federal and State agencies 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 one year after the date of 
        the enactment of this Act and annually thereafter, the 
        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 
        Commissioner of the feasibility of incorporating any 
        demonstrated technology for use throughout United States 
        Customs and Border Protection.

SEC. 8. PROJECT CONSOLIDATION AND STREAMLINING; LOCAL EMPLOYMENT 
              REQUIREMENTS.

    (a) Project Consolidation and Streamlining.--With respect to the 
implementation of infrastructure and technology improvement projects 
under section 4(d), the Customs-Trade Partnership Against Terrorism 
program or other voluntary government-private sector programs, the 
Southern border demonstration program, and the Maquiladora 
demonstration program under section 6, and the technology demonstration 
program under section 7, the Commissioner shall take such actions as 
are necessary to--
            (1) consolidate, where appropriate, Federal, State, and 
        local government and tribal contracting activities; and
            (2) review if Federal, State, or local government or tribal 
        entities are carrying out similar projects or programs.
    (b) Review Process.--
            (1) In general.--The Commissioner shall develop a 
        coordinated review process relating to the projects and 
        programs referred to in subsection (a) with respect to any 
        necessary environmental review, analysis, or permit and 
        licensing processes. Such processes shall be conducted 
        concurrently and completed within a specific time frame, as 
        determined by the Commissioner.
            (2) Agreements for review.--The Commissioner is authorized 
        to enter into agreements with State or local governments or 
        tribal entities for review, permits, hearings, or other process 
        under paragraph (1) related to the projects and programs 
        referred to in subsection (a).
            (3) Notification.--If the Commissioner determines that a 
        State or local government or tribal entity has not completed a 
        process within a specific time frame as required under 
        paragraph (1), the Commissioner shall promptly notify Congress 
        of such delay.
            (4) No duplication.--The Commissioner shall ensure, to the 
        greatest extent practicable, that there is no duplication of 
        efforts among Federal, State, and local government and tribal 
        contracting activities with respect to the projects and 
        programs referred to in subsection (a).
    (c) Local Employment Requirements.--
            (1) In general.--In order to enter into a contract with the 
        Department of Homeland Security related to the projects and 
        programs referred to in subsection (a), a private business 
        shall submit to the Commissioner a certification that not less 
        than 50 percent of the employees of such business are local 
        residents.
            (2) Waiver.--The Commissioner may waive the local 
        employment requirement of paragraph (1) if the Commissioner 
        determines that such requirement is inappropriate in light of 
        such a project or program.

SEC. 9. 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 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 fiscal years 2008 
                through 2012; and
                    (B) to carry out subsection (d) of such section--
                            (i) $100,000,000 for each of 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 
                        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 
                        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 one 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 
                fiscal years 2009 through 2012.
    (b) International Agreements.--Funds authorized to be appropriated 
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 on March 22, 
2002, in Monterrey, Mexico, (commonly known as the Border Partnership 
Action Plan), or the Smart Border Declaration between the United States 
and Canada, agreed to on December 12, 2001, in Ottawa, Canada, that are 
consistent with the provisions of this Act.
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