S.Amdt. 3479

1. Adds Subtitle F--Border Infrastructure and Technology Modernization SEC. 161. SHORT TITLE on page 62, line 9

   Adds a sectionPrinted page

   Inserted: Subtitle F--Border Infrastructure and Technology Modernization SEC. 161. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Border Infrastructure and Technology Modernization Act".

   Inserted: SEC. 162. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (1) Commissioner.--The term "Commissioner" means the Commissioner of the Bureau of Customs and Border Protection of the Department of Homeland Security.

   Inserted: (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.

   Inserted: (3) Northern border.--The term "northern border" means the international border between the United States and Canada.

   Inserted: (4) Southern border.--The term "southern border" means the international border between the United States and Mexico.

   Inserted: SEC. 163. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

   Inserted: (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 Bureau of Customs and Border Protection 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.

   Inserted: (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 Secretary, and the Commissioner.

   Inserted: (c) Content.--Each updated study required in subsection (a) shall--

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   Inserted: (1) identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented;

   Inserted: (2) include the projects identified in the National Land Border Security Plan required by section 154; and

   Inserted: (3) prioritize the projects described in paragraphs (1) and (2) based on the ability of a project to--

   Inserted: (A) fulfill immediate security requirements; and

   Inserted: (B) facilitate trade across the borders of the United States.

   Inserted: (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 subsection (c)(3).

   Inserted: (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.

   Inserted: SEC. 164. NATIONAL LAND BORDER SECURITY PLAN.

   Inserted: (a) In General.--Not later than 1 year after the date of the enactment of this Act, an annually thereafter, the Secretary, after consultation with representatives of Federal, State, and local law enforcement agencies and private entities that are involved in international trade across the northern border or the southern border, shall submit a National Land Border Security Plan to Congress.

   Inserted: (b) Vulnerability Assessment.--

   Inserted: (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.

   Inserted: (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--

   Inserted: (A) to assist in conducting a vulnerability assessment at such port; and

   Inserted: (B) to provide other assistance with the preparation of the plan required in subsection (a).

   Inserted: SEC. 165. EXPANSION OF COMMERCE SECURITY PROGRAMS.

   Inserted: (a) Customs-Trade Partnership Against Terrorism.--

   Inserted: (1) In general.--Not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the size and scope, including personnel, of the Customs-Trade Partnership Against Terrorism programs along the northern border and southern border, including--

   Inserted: (A) the Business Anti-Smuggling Coalition;

   Inserted: (B) the Carrier Initiative Program;

   Inserted: (C) the Americas Counter Smuggling Initiative;

   Inserted: (D) the Container Security Initiative;

   Inserted: (E) the Free and Secure Trade Initiative; and

   Inserted: (F) other Industry Partnership Programs administered by the Commissioner.

   Inserted: (2) Southern border demonstration program.--Not later than 180 days after the date of enactment of this Act, the Commissioner shall implement, on a demonstration basis, at least 1 Customs-Trade Partnership Against Terrorism program, which has been successfully implemented along the northern border, along the southern border.

   Inserted: (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.

   Inserted: SEC. 166. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

   Inserted: (a) Establishment.--The Secretary shall carry out a technology demonstration program to--

   Inserted: (1) test and evaluate new port of entry technologies;

   Inserted: (2) refine port of entry technologies and operational concepts; and

   Inserted: (3) train personnel under realistic conditions.

   Inserted: (b) Technology and Facilities.--

   Inserted: (1) Technology testing.--Under the technology demonstration program, the Secretary shall test technologies that enhance port of entry operations, including operations related to--

   Inserted: (A) inspections;

   Inserted: (B) communications;

   Inserted: (C) port tracking;

   Inserted: (D) identification of persons and cargo;

   Inserted: (E) sensory devices;

   Inserted: (F) personal detection;

   Inserted: (G) decision support; and

   Inserted: (H) the detection and identification of weapons of mass destruction.

   Inserted: (2) Development of facilities.--At a demonstration site selected pursuant to subsection (c)(2), the Secretary shall develop facilities to provide appropriate training to law enforcement personnel who have responsibility for border security, including--

   Inserted: (A) cross-training among agencies;

   Inserted: (B) advanced law enforcement training; and

   Inserted: (C) equipment orientation.

   Inserted: (c) Demonstration Sites.--

   Inserted: (1) Number.--The Secretary shall carry out the demonstration program at not less than 3 sites and not more than 5 sites.

   Inserted: (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--

   Inserted: (A) have been established not more than 15 years before the date of the enactment of this Act;

   Inserted: (B) consist of not less than 65 acres, with the possibility of expansion to not less than 25 adjacent acres; and

   Inserted: (C) have serviced an average of not more than 50,000 vehicles per month during the 1-year period ending on the date of the enactment of this Act.

   Inserted: (d) Relationship With Other Agencies.--The 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 technologies described in subparagraphs (A) through (H) of subsection (b)(1).

   Inserted: (e) Report.--

   Inserted: (1) Requirement.--Not later than 1 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.

   Inserted: (2) Content.--The report submitted under paragraph (1) shall include an assessment by the Secretary of the feasibility of incorporating any demonstrated technology for use throughout the Bureau of Customs and Border Protection.

   Inserted: SEC. 167. AUTHORIZATION OF APPROPRIATIONS.

   Inserted: (a) In General.--In addition to any funds otherwise available, there are authorized to be appropriated--

   Inserted: (1) such sums as may be necessary for the fiscal years 2007 through 2011 to carry out the provisions of section 153(a);

   Inserted: (2) to carry out section 153(d)--

   Inserted: (A) $100,000,000 for each of the fiscal years 2007 through 2011; and

   Inserted: (B) such sums as may be necessary in any succeeding fiscal year;

   Inserted: (3) to carry out section 155(a)--

   Inserted: (A) $30,000,000 for fiscal year 2007, of which $5,000,000 shall be made available to fund the demonstration project established in section 156(a)(2); and

   Inserted: (B) such sums as may be necessary for the fiscal years 2008 through 2011; and

   Inserted: (4) to carry out section 155(b)--

   Inserted: (A) $5,000,000 for fiscal year 2007; and

   Inserted: (B) such sums as may be necessary for the fiscal years 2008 through 2011; and

   Inserted: (5) to carry out section 156, 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--

   Inserted: (A) $50,000,000 for fiscal year 2007; and

   Inserted: (B) such sums as may be necessary for each of the fiscal years 2008 through 2011.

   Inserted: (b) International Agreements.--Amounts authorized to be appropriated under this subtitle 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 subtitle.

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   On page 62, after line 9, add the following:

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