S.Amdt. 4596

SA 4596. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed by him to the bill H.R. 5441, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2007, and for other purposes; which was
ordered to lie on the table; as follows:

On page 127, between lines 2 and 3, insert the following:

TITLE VI--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

SEC. 601. SHORT TITLE.

This title may be cited as the ``Border Infrastructure and
Technology Modernization Act''.

SEC. 602. DEFINITIONS.

In this title:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of 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) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Border and Transportation Security of
the Department of Homeland Security.

SEC. 603. HIRING AND TRAINING OF BORDER AND TRANSPORTATION
SECURITY PERSONNEL.

(a) Inspectors and Agents.--
(1) Increase in inspectors and agents.--During each of the
fiscal years 2008 through 2012, the Under Secretary shall--
(A) increase the number of full-time agents and associated
support staff in the Bureau of

[[Page S7432]]

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. 604. 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 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.
(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 605; 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 subsection (c)(3).
(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. 605. NATIONAL LAND BORDER SECURITY PLAN.

(a) In General.--Not later than January 31 of each year,
the Under Secretary, after consultation with the Under
Secretary for Information Analysis and Infrastructure
Protection and 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.
(b) 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. 606. 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, 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 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.
(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. 607. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

(a) Establishment.--The Under Secretary shall carry out a
technology demonstration program to--
(1) test and evaluate new port of entry technologies;
(2) refine port of entry technologies and operational
concepts; and
(3) train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology testing.--Under the technology demonstration
program, the Under Secretary shall test technologies that
enhance port of entry operations, including operations
related to--
(A) inspections;
(B) communications;
(C) port tracking;
(D) identification of persons and cargo;
(E) sensory devices;
(F) personal detection;
(G) decision support; and
(H) the detection and identification of weapons of mass
destruction.
(2) Development of facilities.--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--
(A) cross-training among agencies;
(B) advanced law enforcement training; and
(C) 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 the enactment of this Act;
(B) consist of not less than 65 acres, with the possibility
of expansion to not less than 25 adjacent acres; and
(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.
(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 technologies described in
subparagraphs (A) through (H) of subsection (b)(1).
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
the 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 submitted under paragraph (1)
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. 608. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--In addition to any funds otherwise
available, there are authorized to be appropriated--
(1) such sums as may be necessary for the fiscal years 2008
through 2012 to carry out section 603;
(2) such sums as may be necessary for the fiscal years 2008
through 2012 to carry out the provisions of section 604(a);
(3) to carry out section 604(d)--
(A) $100,000,000 for each of the fiscal years 2008 through
2012; and
(B) such sums as may be necessary in any succeeding fiscal
year;
(4) to carry out section 606(a)--
(A) $30,000,000 for fiscal year 2008, of which $5,000,000
shall be made available to fund the demonstration project
established in section 606(a)(2); and
(B) such sums as may be necessary for the fiscal years 2009
through 2012; and
(5) to carry out section 606(b)--
(A) $5,000,000 for fiscal year 2008; and
(B) such sums as may be necessary for the fiscal years 2009
through 2012; and
(6) to carry out section 607, 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 2008; and
(B) such sums as may be necessary for each of the fiscal
years 2009 through 2012.
(b) International Agreements.--Amounts authorized to be
appropriated under this title may be used for the
implementation of

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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 title.
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