Home > 108th Congressional Bills > H.R. 1097 (ih) To ensure that proper planning is undertaken to secure the preservation [Introduced in House] ...H.R. 1097 (ih) To ensure that proper planning is undertaken to secure the preservation [Introduced in House] ...
108th CONGRESS
1st Session
H. R. 1096
To authorize appropriations for border and transportation security
personnel and technology, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2003
Mr. Kolbe (for himself, Mr. Stupak, Mr. Franks of Arizona, Mr. Renzi,
Mr. Pearce, and Mr. Grijalva) introduced the following bill; which was
referred to the Committee on Ways and Means, and in addition to the
Committees on the Judiciary, Science, and Transportation and
Infrastructure, 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 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.
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