II 

110TH CONGRESS 

1ST SESSION S. 575 

To authorize appropriations for border and transportation security personnel 

and technology, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13, 2007 

Mr. DOMENICI (for himself, Mr. DORGAN, Mrs. HUTCHISON, Mr. KYL, and 

Mrs. MURRAY) introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To authorize appropriations for border and transportation 

security personnel and technology, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border Infrastructure 

5 and Technology Modernization Act of 2007’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COMMISSIONER.—The term ‘‘Commis9 sioner’’ means the Commissioner responsible for 

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1 United States Customs and Border Protection of the 

2 Department of Homeland Security. 

3 (2) MAQUILADORA.—The term ‘‘maquiladora’’ 

4 means an entity located in Mexico that assembles 

5 and produces goods from imported parts for export 

6 to the United States. 

7 (3) NORTHERN BORDER.—The term ‘‘northern 

8 border’’ means the international border between the 

9 United States and Canada. 

10 (4) SOUTHERN BORDER.—The term ‘‘southern 

11 border’’ means the international border between the 

12 United States and Mexico. 

13 (5) UNDER SECRETARY.—The term ‘‘Under 

14 Secretary’’ means the Under Secretary for Border 

15 and Transportation Security of the Department of 

16 Homeland Security. 

17 SEC. 3. HIRING AND TRAINING OF BORDER AND TRANS18 PORTATION SECURITY PERSONNEL. 

19 (a) INSPECTORS AND AGENTS.— 

20 (1) INCREASE IN INSPECTORS AND AGENTS.— 

21 During each of fiscal years 2008 through 2012, the 

22 Under Secretary shall— 

23 (A) increase the number of full-time agents 

24 and associated support staff in the Bureau of 

25 Immigration and Customs Enforcement of the 

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1 Department of Homeland Security by the equiv2 alent of at least 100 more than the number of 

3 such employees in the Bureau as of the end of 

4 the preceding fiscal year; and 

5 (B) increase the number of full-time in6 spectors and associated support staff in the Bu7 reau of Customs and Border Protection by the 

8 equivalent of at least 200 more than the num9 ber of such employees in the Bureau as of the 

10 end of the preceding fiscal year. 

11 (2) WAIVER OF FTE LIMITATION.—The Under 

12 Secretary is authorized to waive any limitation on 

13 the number of full-time equivalent personnel as14 signed to the Department of Homeland Security to 

15 fulfill the requirements of paragraph (1). 

16 (b) TRAINING.—The Under Secretary shall provide 

17 appropriate training for agents, inspectors, and associated 

18 support staff of the Department of Homeland Security on 

19 an ongoing basis to utilize new technologies and to ensure 

20 that the proficiency levels of such personnel are acceptable 

21 to protect the borders of the United States. 

22 SEC. 4. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT 

23 STUDY. 

24 (a) REQUIREMENT TO UPDATE.—Not later than 

25 January 31 of each year, the Administrator of General 

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1 Services shall update the Port of Entry Infrastructure As2 sessment Study prepared by the United States Customs 

3 Service, the Immigration and Naturalization Service, and 

4 the General Services Administration in accordance with 

5 the matter relating to the ports of entry infrastructure as6 sessment that is set out in the joint explanatory statement 

7 in the conference report accompanying H.R. 2490 of the 

8 106th Congress, 1st session (House of Representatives 

9 Rep. No. 106–319, on page 67) and submit such updated 

10 study to Congress. 

11 (b) CONSULTATION.—In preparing the updated stud12 ies required in subsection (a), the Administrator of Gen13 eral Services shall consult with the Director of the Office 

14 of Management and Budget, the Under Secretary, and the 

15 Commissioner. 

16 (c) CONTENT.—Each updated study required in sub17 section (a) shall— 

18 (1) identify port of entry infrastructure and 

19 technology improvement projects that would enhance 

20 border security and facilitate the flow of legitimate 

21 commerce if implemented; 

22 (2) include the projects identified in the Na23 tional Land Border Security Plan required by sec24 tion 5; and 

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1 (3) prioritize the projects described in para2 graphs (1) and (2) based on the ability of a project 

3 to— 

4 (A) fulfill immediate security requirements; 

5 and 

6 (B) facilitate trade across the borders of 

7 the United States. 

8 (d) PROJECT IMPLEMENTATION.—The Commissioner 

9 shall implement the infrastructure and technology im10 provement projects described in subsection (c) in the order 

11 of priority assigned to each project under paragraph (3) 

12 of such subsection. 

13 (e) DIVERGENCE FROM PRIORITIES.—The Commis14 sioner may diverge from the priority order if the Commis15 sioner determines that significantly changed cir16 cumstances, such as immediate security needs or changes 

17 in infrastructure in Mexico or Canada, compellingly alter 

18 the need for a project in the United States. 

19 SEC. 5. NATIONAL LAND BORDER SECURITY PLAN. 

20 (a) REQUIREMENT FOR PLAN.—Not later than Janu21 ary 31 of each year, the Under Secretary shall prepare 

22 a National Land Border Security Plan and submit such 

23 plan to Congress. 

24 (b) CONSULTATION.—In preparing the plan required 

25 in subsection (a), the Under Secretary shall consult with 

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1 the Under Secretary for Information Analysis and Infra2 structure Protection and the Federal, State, and local law 

3 enforcement agencies and private entities that are involved 

4 in international trade across the northern border or the 

5 southern border. 

6 (c) VULNERABILITY ASSESSMENT.— 

7 (1) IN GENERAL.—The plan required in sub8 section (a) shall include a vulnerability assessment 

9 of each port of entry located on the northern border 

10 or the southern border. 

11 (2) PORT SECURITY COORDINATORS.—The 

12 Under Secretary may establish 1 or more port secu13 rity coordinators at each port of entry located on the 

14 northern border or the southern border— 

15 (A) to assist in conducting a vulnerability 

16 assessment at such port; and 

17 (B) to provide other assistance with the 

18 preparation of the plan required in subsection 

19 (a). 

20 SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS. 

21 (a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER22 RORISM.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after the date of the enactment of this Act, the 

25 Commissioner, in consultation with the Under Secmstockstill on PROD1PC66 with BILLS

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1 retary, shall develop a plan to expand the size and 

2 scope (including personnel needs) of the Customs3 Trade Partnership Against Terrorism programs 

4 along the northern border and southern border, in5 cluding— 

6 (A) the Business Anti-Smuggling Coali7 tion; 

8 (B) the Carrier Initiative Program; 

9 (C) the Americas Counter Smuggling Ini10 tiative; 

11 (D) the Container Security Initiative; 

12 (E) the Free and Secure Trade Initiative; 

13 and 

14 (F) other Industry Partnership Programs 

15 administered by the Commissioner. 

16 (2) SOUTHERN BORDER DEMONSTRATION PRO17 GRAM.—Not later than 180 days after the date of 

18 the enactment of this Act, the Commissioner shall 

19 establish a demonstration program along the south20 ern border for the purpose of implementing at least 

21 one Customs-Trade Partnership Against Terrorism 

22 program along that border. The Customs-Trade 

23 Partnership Against Terrorism program selected for 

24 the demonstration program shall have been successmstockstill on PROD1PC66 with BILLS

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1 fully implemented along the northern border as of 

2 the date of the enactment of this Act. 

3 (b) MAQUILADORA DEMONSTRATION PROGRAM.— 

4 Not later than 180 days after the date of the enactment 

5 of this Act, the Commissioner shall establish a demonstra6 tion program to develop a cooperative trade security sys7 tem to improve supply chain security. 

8 SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION 

9 PROGRAM. 

10 (a) ESTABLISHMENT.—The Under Secretary shall 

11 carry out a technology demonstration program to test and 

12 evaluate new port of entry technologies, refine port of 

13 entry technologies and operational concepts, and train per14 sonnel under realistic conditions. 

15 (b) TECHNOLOGY AND FACILITIES.— 

16 (1) TECHNOLOGY TESTED.—Under the dem17 onstration program, the Under Secretary shall test 

18 technologies that enhance port of entry operations, 

19 including those related to inspections, communica20 tions, port tracking, identification of persons and 

21 cargo, sensory devices, personal detection, decision 

22 support, and the detection and identification of 

23 weapons of mass destruction. 

24 (2) FACILITIES DEVELOPED.—At a demonstra25 tion site selected pursuant to subsection (c)(2), the 

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1 Under Secretary shall develop facilities to provide 

2 appropriate training to law enforcement personnel 

3 who have responsibility for border security, including 

4 cross-training among agencies, advanced law en5 forcement training, and equipment orientation. 

6 (c) DEMONSTRATION SITES.— 

7 (1) NUMBER.—The Under Secretary shall carry 

8 out the demonstration program at not less than 3 

9 sites and not more than 5 sites. 

10 (2) SELECTION CRITERIA.—To ensure that at 

11 least 1 of the facilities selected as a port of entry 

12 demonstration site for the demonstration program 

13 has the most up-to-date design, contains sufficient 

14 space to conduct the demonstration program, has a 

15 traffic volume low enough to easily incorporate new 

16 technologies without interrupting normal processing 

17 activity, and can efficiently carry out demonstration 

18 and port of entry operations, at least 1 port of entry 

19 selected as a demonstration site shall— 

20 (A) have been established not more than 

21 15 years before the date of the enactment of 

22 this Act; 

23 (B) consist of not less than 65 acres, with 

24 the possibility of expansion onto not less than 

25 25 adjacent acres; and 

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1 (C) have serviced an average of not more 

2 than 50,000 vehicles per month in the 12 full 

3 months preceding the date of the enactment of 

4 this Act. 

5 (d) RELATIONSHIP WITH OTHER AGENCIES.—The 

6 Under Secretary shall permit personnel from an appro7 priate Federal or State agency to utilize a demonstration 

8 site described in subsection (c) to test technologies that 

9 enhance port of entry operations, including those related 

10 to inspections, communications, port tracking, identifica11 tion of persons and cargo, sensory devices, personal detec12 tion, decision support, and the detection and identification 

13 of weapons of mass destruction. 

14 (e) REPORT.— 

15 (1) REQUIREMENT.—Not later than 1 year 

16 after the date of the enactment of this Act, and an17 nually thereafter, the Under Secretary shall submit 

18 to Congress a report on the activities carried out at 

19 each demonstration site under the technology dem20 onstration program established under this section. 

21 (2) CONTENT.—The report shall include an as22 sessment by the Under Secretary of the feasibility of 

23 incorporating any demonstrated technology for use 

24 throughout the Bureau of Customs and Border Pro25 tection. 

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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—In addition to any funds other3 wise available, there are authorized to be appropriated— 

4 (1) to carry out the provisions of section 3, 

5 such sums as may be necessary for the fiscal years 

6 2008 through 2012; 

7 (2) to carry out the provisions of section 4— 

8 (A) to carry out subsection (a) of such sec9 tion, such sums as may be necessary for the fis10 cal years 2008 through 2012; and 

11 (B) to carry out subsection (d) of such sec12 tion— 

13 (i) $100,000,000 for each of the fiscal 

14 years 2008 through 2012; and 

15 (ii) such sums as may be necessary in 

16 any succeeding fiscal year; 

17 (3) to carry out the provisions of section 6— 

18 (A) to carry out subsection (a) of such sec19 tion— 

20 (i) $30,000,000 for fiscal year 2008, 

21 of which $5,000,000 shall be made avail22 able to fund the demonstration project es23 tablished in paragraph (2) of such sub24 section; and 

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1 (ii) such sums as may be necessary 

2 for the fiscal years 2009 through 2012; 

3 and 

4 (B) to carry out subsection (b) of such sec5 tion— 

6 (i) $5,000,000 for fiscal year 2008; 

7 and 

8 (ii) such sums as may be necessary 

9 for the fiscal years 2009 through 2012; 

10 and 

11 (4) to carry out the provisions of section 7, pro12 vided that not more than $10,000,000 may be ex13 pended for technology demonstration program activi14 ties at any 1 port of entry demonstration site in any 

15 fiscal year— 

16 (A) $50,000,000 for fiscal year 2008; and 

17 (B) such sums as may be necessary for 

18 each of the fiscal years 2009 through 2012. 

19 (b) INTERNATIONAL AGREEMENTS.—Funds author20 ized in this Act may be used for the implementation of 

21 projects described in the Declaration on Embracing Tech22 nology and Cooperation to Promote the Secure and Effi23 cient Flow of People and Commerce across our Shared 

24 Border between the United States and Mexico, agreed to 

25 March 22, 2002, Monterrey, Mexico (commonly known as 

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1 the Border Partnership Action Plan) or the Smart Border 

2 Declaration between the United States and Canada, 

3 agreed to December 12, 2001, Ottawa, Canada that are 

4 consistent with the provisions of this Act. 

Æ 

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