[Congressional Record Volume 149, Number 35 (Wednesday, March 5, 2003)]
[Senate]
[Pages S3191-S3194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 539. A bill to authorize appropriations for border and 
transportation security personnel and technology, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. DOMENICI. Mr. President, I rise today to introduce a bill of 
critical importance to our Nation's economic well-being and the 
security of our borders: the Border Infrastructure and Technology 
Modernization Act.
  No American border has under gone a comprehensive infrastructure 
overhaul since 1986, when Senator Dennis DeConcini of Arizona and I put 
forth a $357 million effort to modernize the southwest border. That 
bill pertained only to the southwest border, and a great deal was 
change since 1986.
  More importantly, much has changed since September 11, 2001. It is 
now critical that we look at the big picture and give our northern and 
southwestern borders the resources they need to address security 
vulnerabilities and facilitate the flow of trade.
  Two years ago, the General Services Administration completed a 
comprehensive assessment of infrastructure needs on the southwestern 
and northern borders of the United States. This assessment found that 
overhauling both borders would require $784 million.
  Since the publication of that assessment in February 2001, many of 
the needs identified remain outstanding. Many have grown, and new needs 
have

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arisen as the task of making border trade flow faster has become more 
complicated in the face of unprecedented security concerns.
  In response to our Nation's heightened security concerns, we created 
the Department of Homeland Security, an agency affecting virtually 
every Federal entity involved in border operations. Congress must give 
this new Department adequate resources and tools to achieve the 
necessary balance between security and trade considerations. The Border 
Infrastructure and Technology Modernization Act proposes a number of 
measures meant to increase the speed at which trade crosses the border 
as well as beefing up security at vulnerable points on our land 
borders.
  In the recently passed omnibus appropriations bill, I secured 
legislative language asking the General Services Administration, in 
cooperation with the other border agencies involved, to complete an 
updated assessment of needs on our borders. The information contained 
in this assessment will provide a blueprint for comprehensive, targeted 
improvements to border infrastructure and technology. The bill I am 
introducing today provides $100 million per year for 5 years to 
implement these improvements.
  Congress has already passed legislation to improve security at 
airports and seaports, but we have not yet addressed the needs of our 
busiest ports, located on the United States' northern and southwestern 
land borders. Traditionally, tighter security requirements have come at 
the expense of efficient commerce across our borders. With the 
improvements we are proposing today, we mean to move toward a day when 
we can say that higher security does not penalize trade.
  America's two biggest trading partners are not across an ocean--they 
lie to the north and south of our country. In the past decade, U.S.-
Canada trade has doubled, and in the same time period, trade between 
the United States and Mexico tripled. At the same time, our 
infrastructure is weakest on our land borders, and we must act quickly 
and decisively to prevent terrorists from exploiting this weakness.
  To address this threat, the Border Infrastructure and Technology 
Modernization Act provides for a coordinated Land Border Security Plan, 
including cooperation between Federal State and local entities involved 
at our borders, as well as the private sector.
  When it comes to security, everybody has a role to play, not just the 
government. We must enlist the help of the private sector to address 
security concerns on our borders. Trade and industry have made this 
country the economic powerhouse it is today, and we must fully involve 
them in protecting our country through government trade and industry 
partnership programs.
  The U.S. Customs Service has already started this process. I commend 
them for their quick action after the September 11 terrorist attacks in 
enlisting the support of private industry by quickly developing the 
Customs-Trade Partnership Against Terrorism, C-TPAT. We need to expand 
these programs, especially along the northern and southwestern borders. 
This bill authorizes an additional $30 million and additional staff to 
accomplish this task.
  Finally, equipment and technology alone will not solve the trade and 
security problems on our borders. The border agencies of the Department 
of Homeland Security need sufficient personnel levels, and training to 
ensure the implementation and use of modern technology. I am pleased 
that the administration has taken the first step to meet this objective 
by announcing that they will add 1,700 new inspectors to the Bureau of 
Customs and Border Security of the Department of Homeland Security.
  The Border Infrastructure and Technology Modernization Act increases 
the number of inspectors and support staff in this bureau by an 
additional 200 each year for 5 years. This bill also adds 100 more 
special agents and support staff each year for 5 years to the Bureau of 
Immigration and Customs Enforcement, the investigative arm of the 
Department of Homeland Security.
  I am pleased to introduced this bill today to devote greater 
resources to maximizing the economic possibilities of the trade flowing 
across our borders, while addressing the security vulnerabilities on 
our land borders. I am convinced that these goals are not mutually 
exclusive, but instead must be realized in concert.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 539

       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

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     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.

  Mr. McCAIN. Mr. President, I am pleased to join Senators Domenici, 
Dorgan, Kyl, Feinstein, Murkowski, Burns, and Murray to introduce the 
Border Infrastructure and Technology Modernization Act. For most of us, 
this is not a new issue. I have worked closely with many of my 
colleagues to address concerns regarding the protection of our Nation's 
borders, particularly the problems associated with illegal immigration.
  The bill we are introducing today addresses border infrastructure, to 
ensure that our Nation's borders, both southern and northern, are as 
secure and up to date as possible. This bill will authorize. the Bureau 
of Immigration and Customs Enforcement to address staffing shortages 
and hire additional agents, inspectors, and support staff. It will also 
authorize several studies and demonstration programs to improve 
infrastructure, security, facilitate trade, and expand the use of 
technology along the borders.
  Cross-border commerce suffers greatly due to backups at our ports of 
entry. Two and three hour delays hinder the transport of goods from 
Mexico into the United States. Improving infrastructure at our ports of 
entry will increase our capability to screen trucks and individuals 
coming into the country in a more efficient manner, reducing the 
backups along the border and improving the free flow of commerce.
  As undocumented aliens take increasingly desperate measures to cross 
our border with Mexico, the burden borne by States along the 
southwestern border continues to grow. The Federal Government's attempt 
to stem illegal immigration in Texas and California has made it 
increasingly difficult to cross the border in these States and has 
created a funnel effect, giving Arizona the dubious distinction of 
being the location of choice for illegal border crossings.
  Reports suggest that at least one in three of the illegal border 
crossers arrested traversing the U.S.-Mexico border are stopped in 
Arizona. Last year approximately 320 people died in the

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desert trying to cross the border. Additionally, the number of attacks 
on National Park Service officers has increased in recent years. 
Property crimes are rampant along the border, leaving Arizona with the 
highest per capita auto theft rate in the Nation. Times have become so 
desperate that vigilante groups have begun to form with the goal of 
doing the job the Federal Government is failing to do.
  We must do all we can to improve the ports of entry along our borders 
with both our northern and our southern neighbors. Technology is the 
key to that goal, and this bill takes a big step toward ensuring that 
technological needs are assessed and that technology is improved.
  There are between 7-9 million people in this country illegally. Many 
of these people entered our country legally but have overstayed their 
visas. By upgrading the technology for our ports of entry and further 
developing the entry-exit system we will have a way to better monitor 
these individuals. During this year's appropriations bill, I sponsored 
an amendment along with Senators Kyl and Feinstein to restore $165 
million to entry-exit system and help the INS establish four pilot 
projects on the borders to effectively track and monitor immigration. 
This bill and the amendment we passed recently are both important ways 
to increase the resources available to the border.
  Beyond the improvement of infrastructure, technology and security 
along the border, we must also address illegal immigration through a 
guest worker program. As long as there are jobs to be had on this side 
of the border, people will continue to attempt to cross illegally, and 
our national security will remain at risk.
  I urge my colleagues to move expeditiously on this important piece of 
legislation, in order to ensure that in a time of new global threats, 
our Nation's borders are as safe as possible and American citizens are 
protected.
                                 ______