I
110th CONGRESS
1st Session
H. R. 2431
IN THE HOUSE OF REPRESENTATIVES
May 22, 2007
Mr. Cuellar (for himself and Mr. Rehberg) introduced the following bill; which was referred to the Committee on Homeland Security
A BILL
To authorize appropriations for border and transportation security personnel and technology, and for other purposes.
Short title
This Act may be cited as the
Border Infrastructure and Technology
Modernization Act of 2007
.
Definitions
In this Act:
Commissioner
The
term Commissioner
means the Commissioner responsible for United
States Customs and Border Protection of the Department of Homeland
Security.
Maquiladora
The
term maquiladora
means an entity located in Mexico that
assembles and produces goods from imported parts for export to the United
States.
Northern border
The term northern border
means the
international border between the United States and Canada.
Southern border
The term southern border
means the
international border between the United States and Mexico.
Secretary
The
term Secretary
means the Secretary of the Department of Homeland
Security.
Hiring and training of border and transportation security personnel
Officers and agents
Increase in officers and agents
During each of fiscal years 2008 through 2012, the Secretary shall—
increase the number of full-time agents and associated support staff in United States Immigration and Customs Enforcement of the Department of Homeland Security by the equivalent of at least 100 more than the number of such employees as of the end of the preceding fiscal year; and
increase the number of full-time officers, agricultural specialists, and associated support staff in the United States Customs and Border Protection of the Department of Homeland Security by the equivalent of at least 200 more than the number of such employees as of the end of the preceding fiscal year.
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).
Training
The Secretary, acting through the Assistant Secretary for United States Immigration and Customs Enforcement and the Commissioner, shall provide appropriate training for agents, officers, agricultural specialists, 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.
Port of entry infrastructure assessment study
Requirement To update
Not later than January 31 of each year, the Commissioner, in consultation with the Administrator of General Services shall—
review the Port of Entry Infrastructure Assessment Study prepared by United States Customs and Border Protection, United States Citizenship and Immigration Services, 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 the nationwide strategy to prioritize and address the infrastructure needs at the land ports-of-entry prepared by the Department of Homeland Security and the General Services Administration in accordance with the Senate report accompanying H.R. 2555 of the 108th Congress, 1st session (Senate Rep. No. 108–86, on page 22);
update the assessment of the infrastructure needs of all United States land ports of entry; and
submit to Congress such updated assessment.
Consultation
In preparing the updated assessment required in subsection (a), the Commissioner and the Administrator of General Services shall consult with the Director of the Office of Management and Budget, the Secretary, and appropriate officials from affected State and local agencies on the northern border or the southern border.
Contents
Each updated assessment required in subsection (a) shall—
identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented;
include the projects identified in the National Land Border Security Plan required by section 5; and
prioritize the projects described in paragraphs (1) and (2) based on the ability of a project to—
enhance the ability of United States Customs and Border Protection to achieve its mission and to support operations;
fulfill security requirements; and
facilitate trade across the borders of the United States.
Project implementation
As appropriate, 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, or forward the prioritized list of infrastructure and technology improvement projects to the Administrator of General Services for implementation in the order of priority assigned to each project under such paragraph (3).
Divergence from priorities
The Commissioner may diverge from the priority order if the Commissioner determines that significantly changed circumstances, including immediate security needs, changes in infrastructure in Mexico or Canada, or other similar concerns compellingly alter the need for a project in the United States.
National land border security plan
Requirement for plan
Not later than January 31 of each year, the Secretary, acting through the Commissioner, shall prepare a National Land Border Security Plan and submit such plan to Congress.
Consultation
In preparing the plan required in subsection (a), the Commissioner shall consult with appropriate officials from other appropriate Federal agencies, and the State, local law enforcement agencies, and private entities that are involved in international trade across the northern border or the southern border.
Vulnerability assessment
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.
Port security coordinators
The Secretary, acting through the Commissioner, may establish one or more port security coordinators at each port of entry located on the northern border or the southern border—
to assist in conducting a vulnerability assessment at such port; and
to provide other assistance with the preparation of the plan required under subsection (a).
Expansion of commerce security programs
Commerce security programs
In general
Not later than 180 days after the date of the enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the size and scope, including personnel needs, of the Customs-Trade Partnership Against Terrorism program or other voluntary government-private sector programs to strengthen and improve the overall security of the international supply chain and United States border security along the northern border and southern border.
Southern border demonstration program
Not later than 180 days after the date of the enactment of this Act, the Commissioner shall establish a demonstration program along the southern border for the purpose of implementing at least one voluntary government-private sector program to strengthen and improve the overall security of the international supply chain and United States border security along such border. The program selected for the demonstration program shall have been successfully implemented along the northern border as of the date of the enactment of this Act.
Maquiladora demonstration program
Not later than 180 days after the date of the enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security along the southern border.
Port of entry technology demonstration program
Establishment
The Secretary, acting through the Commissioner, 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.
Technology and facilities
Technology tested
Under the demonstration program, the Commissioner 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.
Facilities developed
At a demonstration site selected pursuant to subsection (c)(2), the Commissioner 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.
Demonstration sites
Number
The Commissioner shall carry out the demonstration program at not fewer than three sites and not more than five sites.
Location
At least one of the sites selected under subsection (c) shall be located on the northern border of the United States and at least one of the sites selected under subsection (c) shall be located on the southern border of the United States.
Selection criteria
To ensure that at least one 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 one port of entry selected as a demonstration site shall—
have been established not more than 15 years before the date of the enactment of this Act;
consist of not less than 65 acres, with the possibility of expansion onto not less than 25 adjacent acres; and
have serviced an average of not more than 50,000 vehicles per month in the 12 full months preceding the date of the enactment of this Act.
Relationship with other agencies
The Secretary, acting through the Commissioner, shall permit personnel from appropriate Federal and State agencies 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.
Report
Requirement
Not later than one 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.
Content
The report shall include an assessment by the Commissioner of the feasibility of incorporating any demonstrated technology for use throughout United States Customs and Border Protection.
Project consolidation and streamlining; local employment requirements
Project consolidation and streamlining
With respect to the implementation of infrastructure and technology improvement projects under section 4(d), the Customs-Trade Partnership Against Terrorism program or other voluntary government-private sector programs, the Southern border demonstration program, and the Maquiladora demonstration program under section 6, and the technology demonstration program under section 7, the Commissioner shall take such actions as are necessary to—
consolidate, where appropriate, Federal, State, and local government and tribal contracting activities; and
review if Federal, State, or local government or tribal entities are carrying out similar projects or programs.
Review process
In general
The Commissioner shall develop a coordinated review process relating to the projects and programs referred to in subsection (a) with respect to any necessary environmental review, analysis, or permit and licensing processes. Such processes shall be conducted concurrently and completed within a specific time frame, as determined by the Commissioner.
Agreements for review
The Commissioner is authorized to enter into agreements with State or local governments or tribal entities for review, permits, hearings, or other process under paragraph (1) related to the projects and programs referred to in subsection (a).
Notification
If the Commissioner determines that a State or local government or tribal entity has not completed a process within a specific time frame as required under paragraph (1), the Commissioner shall promptly notify Congress of such delay.
No duplication
The Commissioner shall ensure, to the greatest extent practicable, that there is no duplication of efforts among Federal, State, and local government and tribal contracting activities with respect to the projects and programs referred to in subsection (a).
Local employment requirements
In general
In order to enter into a contract with the Department of Homeland Security related to the projects and programs referred to in subsection (a), a private business shall submit to the Commissioner a certification that not less than 50 percent of the employees of such business are local residents.
Waiver
The Commissioner may waive the local employment requirement of paragraph (1) if the Commissioner determines that such requirement is inappropriate in light of such a project or program.
Authorization of appropriations
In general
In addition to any funds otherwise available, there are authorized to be appropriated—
to carry out the provisions of section 3, such sums as may be necessary for fiscal years 2008 through 2012;
to carry out the provisions of section 4—
to carry out subsection (a) of such section, such sums as may be necessary for fiscal years 2008 through 2012; and
to carry out subsection (d) of such section—
$100,000,000 for each of fiscal years 2008 through 2012; and
such sums as may be necessary in any succeeding fiscal year;
to carry out the provisions of section 6—
to carry out subsection (a) of such section—
$30,000,000 for fiscal year 2008, of which $5,000,000 shall be made available to fund the demonstration project established in paragraph (2) of such subsection; and
such sums as may be necessary for fiscal years 2009 through 2012; and
to carry out subsection (b) of such section—
$5,000,000 for fiscal year 2008; and
such sums as may be necessary for fiscal years 2009 through 2012; and
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 one port of entry demonstration site in any fiscal year—
$50,000,000 for fiscal year 2008; and
such sums as may be necessary for each of fiscal years 2009 through 2012.
International agreements
Funds authorized to be appropriated 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 on March 22, 2002, in Monterrey, Mexico, (commonly known as the Border Partnership Action Plan), or the Smart Border Declaration between the United States and Canada, agreed to on December 12, 2001, in Ottawa, Canada, that are consistent with the provisions of this Act.