[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3469 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3469

     To assist the Secretary of Homeland Security in carrying out 
  surveillance activities conducted at or near the international land 
 borders of the United States to prevent illegal immigration, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 2007

Mr. Ruppersberger introduced the following bill; which was referred to 
the Committee on Homeland Security, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To assist the Secretary of Homeland Security in carrying out 
  surveillance activities conducted at or near the international land 
 borders of the United States to prevent illegal immigration, 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 ``America's Border Security Act of 
2007''.

SEC. 2. TECHNOLOGICAL ASSETS.

    (a) Increased Availability of Equipment.--The Secretary of Homeland 
Security and the Secretary of Defense shall develop and implement a 
plan to use authorities provided to the Secretary of Defense under 
chapter 18 of title 10, United States Code, to increase the 
availability and use of Department of Defense equipment, including 
unmanned aerial vehicles, tethered aerostat radars, and other 
surveillance equipment, to assist the Secretary of Homeland Security in 
carrying out surveillance activities conducted at or near the 
international land borders of the United States to prevent illegal 
immigration.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary of Homeland Security and the Secretary of 
Defense shall submit to Congress a report that contains--
            (1) a description of the current use of Department of 
        Defense equipment to assist the Secretary of Homeland Security 
        in carrying out surveillance of the international land borders 
        of the United States and assessment of the risks to citizens of 
        the United States and foreign policy interests associated with 
        the use of such equipment;
            (2) the plan developed under subsection (b) to increase the 
        use of Department of Defense equipment to assist such 
        surveillance activities; and
            (3) a description of the types of equipment and other 
        support to be provided by the Secretary of Defense under such 
        plan during the 1-year period beginning on the date of the 
        submission of the report.
    (c) Unmanned Aerial Vehicle Pilot Program.--During the 1-year 
period beginning on the date on which the report is submitted under 
subsection (b), the Secretary of Homeland Security shall conduct a 
pilot program to test unmanned aerial vehicles for border surveillance 
along the international border between Canada and the United States.
    (d) Construction.--Nothing in this section may be construed as 
altering or amending the prohibition on the use of any part of the Army 
or the Air Force as a posse comitatus under section 1385 of title 18, 
United States Code.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as may be 
necessary for each of the fiscal years 2008 through 2012 to carry out 
subsection (a).

SEC. 3. INFRASTRUCTURE.

    (a) Construction of Border Control Facilities.--Subject to the 
availability of appropriations, the Secretary of Homeland Security 
shall construct all-weather roads and acquire additional vehicle 
barriers and facilities necessary to achieve operational control of the 
international borders of the United States.
    (b) Reports.--The Secretary of Homeland Security shall submit 
quarterly reports to the Congress on the progress made in carrying out 
subsection (a).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as may be 
necessary for each of the fiscal years 2008 through 2012 to carry out 
subsection (a).

SEC. 4. PORTS OF ENTRY.

    The Secretary of Homeland Security is authorized to--
            (1) construct additional ports of entry along the 
        international land borders of the United States, at locations 
        to be determined by the Secretary of Homeland Security; and
            (2) make necessary improvements to the ports of entry in 
        existence on the date of enactment of this Act.

SEC. 5. SECURE COMMUNICATION.

    The Secretary of Homeland Security shall, as expeditiously as 
practicable, develop and implement a plan to improve the use of 
satellite communications and other technologies to ensure clear and 
secure 2-way communication capabilities--
            (1) among all Border Patrol agents conducting operations 
        between ports of entry;
            (2) between Border Patrol agents and their respective 
        Border Patrol stations;
            (3) between Border Patrol agents and residents in remote 
        areas along the international land borders of the United 
        States; and
            (4) between all appropriate border security agencies of the 
        Department and State, local, and tribal law enforcement 
        agencies.

SEC. 6. UNMANNED AERIAL VEHICLES.

    (a) Unmanned Aerial Vehicles and Associated Infrastructure.--The 
Secretary of Homeland Security shall acquire and maintain not fewer 
than 5 unmanned aerial vehicles and related equipment for use to patrol 
the international borders of the United States, including equipment 
such as--
            (1) additional sensors;
            (2) critical spares;
            (3) satellite command and control; and
            (4) other necessary equipment for operational support.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Homeland Security for each of the fiscal years 
        2008 and 2009 such sums as may be necessary to carry out 
        subsection (a).
            (2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization of appropriations in paragraph (1) are 
        authorized to remain available until expended.

SEC. 7. SURVEILLANCE TECHNOLOGIES PROGRAMS.

    (a) Aerial Surveillance Program.--
            (1) In general.--In conjunction with the border 
        surveillance plan developed under section 5201 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary of 
        Homeland Security, not later than 90 days after the date of 
        enactment of this Act, shall develop and implement a program to 
        fully integrate and utilize aerial surveillance technologies, 
        including unmanned aerial vehicles, to enhance the security of 
        the international border between the United States and Canada 
        and the international border between the United States and 
        Mexico. The goal of the program shall be to ensure continuous 
        monitoring of each mile of each such border.
            (2) Assessment and consultation requirements.--In 
        developing the program under this subsection, the Secretary of 
        Homeland Security shall--
                    (A) consider current and proposed aerial 
                surveillance technologies;
                    (B) assess the feasibility and advisability of 
                utilizing such technologies to address border threats, 
                including an assessment of the technologies considered 
                best suited to address respective threats;
                    (C) consult with the Secretary of Defense regarding 
                any technologies or equipment, which the Secretary of 
                Homeland Security may deploy along an international 
                border of the United States; and
                    (D) consult with the Administrator of the Federal 
                Aviation Administration regarding safety, airspace 
                coordination and regulation, and any other issues 
                necessary for implementation of the program.
            (3) Additional requirements.--
                    (A) In general.--The program developed under this 
                subsection shall include the use of a variety of aerial 
                surveillance technologies in a variety of topographies 
                and areas, including populated and unpopulated areas 
                located on or near an international border of the 
                United States, in order to evaluate, for a range of 
                circumstances--
                            (i) the significance of previous 
                        experiences with such technologies in border 
                        security or critical infrastructure protection;
                            (ii) the cost and effectiveness of various 
                        technologies for border security, including 
                        varying levels of technical complexity; and
                            (iii) liability, safety, and privacy 
                        concerns relating to the utilization of such 
                        technologies for border security.
            (4) Continued use of aerial surveillance technologies.--The 
        Secretary of Homeland Security may continue the operation of 
        aerial surveillance technologies while assessing the 
        effectiveness of the utilization of such technologies.
            (5) Report to congress.--Not later than 180 days after 
        implementing the program under this subsection, the Secretary 
        of Homeland Security shall submit to Congress a report 
        regarding such program. The Secretary of Homeland Security 
        shall include in the report a description of such program 
        together with any recommendations that the Secretary finds 
        appropriate for enhancing the program.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.
    (b) Integrated and Automated Surveillance Program.--
            (1) Requirement for program.--Subject to the availability 
        of appropriations, the Secretary of Homeland Security shall 
        establish a program to procure additional unmanned aerial 
        vehicles, cameras, poles, sensors, satellites, radar coverage, 
        and other technologies necessary to achieve operational control 
        of the international borders of the United States and to 
        establish a security perimeter known as a ``virtual fence'' 
        along such international borders to provide a barrier to 
        illegal immigration. Such program shall be known as the 
        Integrated and Automated Surveillance Program.
            (2) Program components.--The Secretary shall ensure, to the 
        maximum extent feasible, that--
                    (A) the technologies utilized in the Integrated and 
                Automated Surveillance Program are integrated and 
                function cohesively in an automated fashion, including 
                the integration of motion sensor alerts and cameras in 
                a manner where a sensor alert automatically activates a 
                corresponding camera to pan and tilt in the direction 
                of the triggered sensor;
                    (B) cameras utilized in the Program do not have to 
                be manually operated;
                    (C) such camera views and positions are not fixed;
                    (D) surveillance video taken by such cameras is 
                able to be viewed at multiple designated communications 
                centers;
                    (E) a standard process is used to collect, catalog, 
                and report intrusion and response data collected under 
                the Program;
                    (F) future remote surveillance technology 
                investments and upgrades for the Program can be 
                integrated with existing systems;
                    (G) performance measures are developed and applied 
                that can evaluate whether the Program is providing 
                desired results and increasing response effectiveness 
                in monitoring and detecting illegal intrusions along 
                the international borders of the United States;
                    (H) plans are developed under the Program to 
                streamline site selection, site validation, and 
                environmental assessment processes to minimize delays 
                of installing surveillance technology infrastructure;
                    (I) standards are developed under the Program to 
                expand the shared use of existing private and 
                governmental structures to install remote surveillance 
                technology infrastructure where possible; and
                    (J) standards are developed under the Program to 
                identify and deploy the use of nonpermanent or mobile 
                surveillance platforms that will increase the 
                Secretary's mobility and ability to identify illegal 
                border intrusions.
            (3) Report to congress.--Not later than 1 year after the 
        initial implementation of the Integrated and Automated 
        Surveillance Program, the Secretary of Homeland Security shall 
        submit to Congress a report regarding the Program. The 
        Secretary shall include in the report a description of the 
        Program together with any recommendation that the Secretary 
        finds appropriate for enhancing the program.
            (4) Evaluation of contractors.--
                    (A) Requirement for standards.--The Secretary of 
                Homeland Security shall develop appropriate standards 
                to evaluate the performance of any contractor providing 
                goods or services to carry out the Integrated and 
                Automated Surveillance Program.
                    (B) Review by the inspector general.--
                            (i) In general.--The Inspector General of 
                        the Department shall review each new contract 
                        related to the Program that has a value of more 
                        than $5,000,000 in a timely manner, to 
                        determine whether such contract fully complies 
                        with applicable cost requirements, performance 
                        objectives, program milestones, and schedules.
                            (ii) Reports.--The Inspector General shall 
                        report the findings of each review carried out 
                        under clause (i) to the Secretary of Homeland 
                        Security in a timely manner. Not later than 30 
                        days after the date the Secretary receives a 
                        report of findings from the Inspector General, 
                        the Secretary shall submit to the Committee on 
                        Homeland Security and Governmental Affairs of 
                        the Senate and the Committee on Homeland 
                        Security of the House of Representatives a 
                        report of such findings and a description of 
                        any the steps that the Secretary has taken or 
                        plans to take in response to such findings.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.

SEC. 8. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY 
              PERSONNEL.

    (a) Inspectors and Agents.--
            (1) Increase in inspectors and agents.--During fiscal year 
        2008, the Secretary of Homeland Security 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 400; and
                    (B) increase the number of full-time inspectors and 
                associated support staff in the Bureau of Customs and 
                Border Protection by 600.
            (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 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. 9. NATIONAL BORDER SECURITY PLAN.

    (a) Requirement for Plan.--Not later than January 31 of each year, 
the Secretary of Homeland Security shall prepare a National Border 
Security Plan and submit such plan to the Congress.
    (b) Consultation.--In preparing the plan required in subsection 
(a), the 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 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).
                                 <all>