I 
108TH CONGRESS 
2D SESSION 
H. R. 4141 
To authorize appropriations for the Homeland Security Department’s Direc-
torate of Science and Technology, establish a program for the use of 
advanced technology to meet homeland security needs, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2004 
Mr. KOLBE (for himself, Mr. MCHUGH, Mr. FLAKE, Mr. HAYWORTH, Mr. 
SHADEGG, Mr. RENZI, and Mr. HINOJOSA) introduced the following bill; 
which was referred to the Committee on Science, and in addition to the 
Committees on Ways and Means and Judiciary, for a period to be subse-
quently 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 the Homeland Security De-
partment’s Directorate of Science and Technology, estab-
lish a program for the use of advanced technology to 
meet homeland security needs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Infrastructure 
and Technology Integration Act of 2004’’.
TITLE I—BORDER SECURITY 
SEC. 101. VULNERABILITY AND THREAT ASSESSMENT. 
(a) STUDY.—The Under Secretary of Homeland Se-
curity for Border and Transportation Security, in con-
sultation with the Under Secretary of Homeland Security 
for Science and Technology and the Under Secretary of 
Homeland Security for Information Analysis and Infra-
structure Protection, shall study the technology, equip-
ment, 
and 
personnel 
needed 
to 
address 
security 
vulnerabilities within the United States for each field of-
fice of the Bureau of Customs and Border Protection that 
has responsibility for any portion of the United States bor-
ders with Canada and Mexico. The Under Secretary shall 
conduct follow-up studies at least once every 5 years. 
(b) REPORT TO CONGRESS.—The Under Secretary 
shall submit a report to Congress on the Under Sec-
retary’s findings and conclusions from each study con-
ducted under subsection (a) together with legislative rec-
ommendations, as appropriate, for addressing any security 
vulnerabilities found by the study. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Department of 
Homeland Security Directorate of Border and Transpor-
tation Security such sums as may be necessary for fiscal 
years 2005 through 2010 to carry out any such rec-
ommendations from the first study conducted under sub-
section (a). 
SEC. 102. DISCRETIONARY ACCOUNTS FOR FIELD OFFICES. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity may provide up to $15,000 per fiscal year to any field 
office of the Bureau of Customs and Border Protection 
to be used by that office in developing innovative tech-
niques and technologies to carry out its duties with respect 
to the inspection of articles and individuals entering the 
United States. Financial assistance provided to a field of-
fice under this subsection shall be in addition to any 
amounts made available to that office under any other pro-
vision of law. 
(b) APPLICATIONS.—To receive funding provided 
under subsection (a) a field office shall submit an applica-
tion to the Secretary, at such time and in such manner 
as the Secretary may require, describing the purpose for 
which the additional funding is requested in sufficient de-
tail to permit the Secretary to determine whether the addi-
tional funding is necessary and appropriate. 
(c) REPORTS.— 
(1) INFORMATION-SHARING.—Not later than 30 
days after the head of a field office implements a 
new technique or technology developed in whole or in 
part with funding provided under subsection (a), the
head of the field office shall submit a report to the 
Commissioner of the Bureau of Customs and Border 
Protection of the Department of Homeland Security, 
the Under Secretary of Homeland Security for Bor-
der and Transportation Security, the Under Sec-
retary of Homeland Security for Science and Tech-
nology, and the heads of the other field offices re-
garding the technique or technology in order for suc-
cessful techniques and technologies to be replicated 
by other offices. 
(2) CONTENTS.—The report shall include— 
(A) a description of the technique or tech-
nology developed or implemented with funds 
provided under subsection (a); and 
(B) information on— 
(i) how the technique or technology 
was employed to enhance border security; 
(ii) the effectiveness of the technique 
or technology for enhancing border secu-
rity; and 
(iii) the need for future development 
or implementation of additional techniques 
or technology; 
(C) accounting for expenditures of funds 
received under subsection (a);
(D) requesting more funding under sub-
section (a) if the head of the field office believes 
it necessary to improve or further develop the 
technique or technology, or to develop addi-
tional techniques or technologies; and 
(E) providing an explanation of the need 
for such additional funding and a justification 
for the amount requested. 
SEC. 103. USE OF AERIAL SURVEILLANCE TECHNOLOGIES 
FOR BORDER SECURITY. 
(a) PILOT PROGRAM.—Not later than 180 days after 
the date of the enactment of this Act, the Under Secretary 
of Homeland Security for Science and Technology, in con-
sultation with the Under Secretary of Homeland Security 
for Border and Transportation Security, the Under Sec-
retary of Homeland Security for Information Analysis and 
Infrastructure Protection, the Secretary of Defense, and 
the Administrator of the Federal Aviation Administration 
shall develop a pilot program to utilize, or increase the 
utilization of, aerial surveillance technologies to enhance 
the border security of the United States. In developing the 
program, the Under Secretary shall— 
(1) consider current and proposed aerial sur-
veillance technologies that could be utilized to en-
hance the border security of the United States;
(2) assess the threats to the border security of 
the United States that can be addressed by the utili-
zation of such technologies; and 
(3) assess the feasibility and advisability of uti-
lizing such technologies to address such threats, in-
cluding an assessment of the technologies considered 
best suited to address such threats. 
(b) ADDITIONAL REQUIREMENTS.— 
(1) IN GENERAL.—The pilot program shall in-
clude the utilization of a variety of aerial surveil-
lance technologies in a variety of topographies and 
areas (including both populated and unpopulated 
areas) on both the northern and southern borders of 
the United States in order to evaluate, for a range 
of circumstances— 
(A) the significance of previous experiences 
with such technologies in homeland security or 
critical infrastructure protection for the utiliza-
tion of such technologies for border security; 
(B) the cost, utility, and effectiveness of 
various technologies for border security, includ-
ing varying levels of technical complexity; and 
(C) liability, safety, and privacy concerns 
relating to the utilization of such technologies 
for border security.
(2) USE OF UNMANNED AERIAL VEHICLES.— 
The aerial surveillance technologies utilized in the 
pilot program shall include unmanned aerial vehi-
cles. 
(c) IMPLEMENTATION.—The Under Secretary of 
Homeland Security for Border and Transportation Secu-
rity shall implement the pilot program developed under 
this section. 
(d) REPORT.—Not later than 1 year after imple-
menting the pilot program under subsection (a), the 
Under Secretary shall submit a report on the program to 
the Senate Committee on Commerce, Science, and Trans-
portation, the House of Representatives Committee on 
Science, and the House of Representatives Select Com-
mittee on Homeland Security. The Under Secretary shall 
include in the report a description of the program together 
with such recommendations as the Under Secretary finds 
appropriate, including recommendations for terminating 
the program, making the program permanent, or enhanc-
ing the program. 
SEC. 104. USE OF GROUND SURVEILLANCE TECHNOLOGIES 
FOR BORDER SECURITY. 
(a) PILOT PROGRAM.—Not later than 180 days after 
the date of the enactment of this Act, the Under Secretary 
of Homeland Security for Science and Technology, in con-
sultation with the Under Secretary of Homeland Security 
for Border and Transportation Security, the Under Sec-
retary of Homeland Security for Information Analysis and 
Infrastructure Protection, and the Secretary of Defense, 
shall develop a pilot program to utilize, or increase the 
utilization of, ground surveillance technologies to enhance 
the border security of the United States. In developing the 
program, the Under Secretary shall— 
(1) consider various current and proposed 
ground surveillance technologies that could be uti-
lized to enhance the border security of the United 
States; 
(2) assess the threats to the border security of 
the United States that could be addressed by the 
utilization of such technologies; and 
(3) assess the feasibility and advisability of uti-
lizing such technologies to address such threats, in-
cluding an assessment of the technologies considered 
best suited to address such threats. 
(b) ADDITIONAL REQUIREMENTS.— 
(1) IN GENERAL.—The pilot program shall in-
clude the utilization of a variety of ground surveil-
lance technologies in a variety of topographies and 
areas (including both populated and unpopulated 
areas) on both the northern and southern borders of
the United States in order to evaluate, for a range 
of circumstances— 
(A) the significance of previous experiences 
with such technologies in homeland security or 
critical infrastructure protection for the utiliza-
tion of such technologies for border security; 
(B) the cost, utility, and effectiveness of 
such technologies for border security; and 
(C) liability, safety, and privacy concerns 
relating to the utilization of such technologies 
for border security. 
(2) TECHNOLOGIES.—The ground surveillance 
technologies utilized in the pilot program shall in-
clude the following: 
(A) Video camera technology. 
(B) Sensor technology. 
(C) Motion detection technology. 
(c) IMPLEMENTATION.—The Under Secretary of 
Homeland Security for Border and Transportation Secu-
rity shall implement the pilot program developed under 
this section. 
(d) REPORT.—Not later than 1 year after imple-
menting the pilot program under subsection (a), the 
Under Secretary shall submit a report on the program to 
the Senate Committee on Commerce, Science, and Trans-
portation, the House of Representatives Committee on 
Science, and the House of Representatives Select Com-
mittee on Homeland Security. The Under Secretary shall 
include in the report a description of the program together 
with such recommendations as the Under Secretary finds 
appropriate, including recommendations for terminating 
the program, making the program permanent, or enhanc-
ing the program. 
SEC. 105. ENHANCEMENT OF COMMUNICATIONS INTEGRA-
TION AND INFORMATION SHARING ON BOR-
DER SECURITY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security, acting through the Under Secretary of 
Homeland Security for Border and Transportation Secu-
rity, in consultation with the Under Secretary of Home-
land Security for Science and Technology, the Under Sec-
retary of Homeland Security for Information Analysis and 
Infrastructure Protection, the Assistant Secretary of Com-
merce for Communications and Information, and other ap-
propriate Federal, State, local, and tribal agencies, shall 
develop and implement a plan— 
(1) to improve the communications systems of 
the departments and agencies of the Federal Gov-
ernment in order to facilitate the integration of com-
adjacent to the United States borders with Canada and 
Mexico to develop and implement a plan to ensure that 
border security is not compromised— 
(1) when jurisdiction over an area or facility 
passes from one agency to another; 
(2) in areas of shared jurisdiction; or 
(3) when one Federal agency relinquishes juris-
diction to another pursuant to a memorandum of 
understanding. 
(b) KEY ELEMENTS OF PLAN.—In developing the 
plan, the Under Secretary shall focus particularly on— 
(1) the coordination of emergency responses to 
border security events; 
(2) improved data-sharing and communications 
among the responsible agencies; and 
(3) research and development relating to tech-
nology and systems for improved coordination 
among the responsible agencies. 
(c) REPORT.—Not later than 1 year after imple-
menting the plan under subsection (a), the Under Sec-
retary shall transmit a report to the Senate Committee 
on Commerce, Science, and Transportation, the House of 
Representatives Committee on Science, the House of Rep-
resentatives Select Committee on Homeland Security, and
other appropriate committees of Congress on the develop-
ment and implementation of the plan. 
SEC. 107. MONITORING FOR BORDER AREA BIOTERRORISM 
ATTACKS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity and the Secretary of Health and Human Services 
shall execute a memorandum of understanding between 
the Department of Homeland Security and the Depart-
ment of Health and Human Services establishing a sys-
tem— 
(1) to monitor hospitals along the United 
States borders with Canada and Mexico for signs of 
potential health threats or bioterror attacks; and 
(2) to ensure cooperation and information-shar-
ing between the departments with respect to such 
threats or attacks. 
(b) REPORT.—Not later than 1 year after the memo-
randum of understanding is executed and annually there-
after, the Secretaries shall transmit a joint report to the 
Congress on the system established under subsection (a) 
during the preceding calendar year. The report shall in-
clude a description of measures taken to deal with any 
problems reported, proposals for improving the system, 
and recommendations (including legislative recommenda-
tions if appropriate), to improve or expand the system.
TITLE 
II—DEPARTMENT 
OF 
HOMELAND SECURITY DIREC-
TORATE 
OF 
SCIENCE 
AND 
TECHNOLOGY 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
(a) FISCAL YEAR 2005.—There are authorized to be 
appropriated to the Secretary of Homeland Security for 
the 
Directorate 
of 
Science 
and 
Technology 
$1,039,350,000 for fiscal year 2005 to carry out title III 
of the Homeland Security Act of 2002 (6 U.S.C. 181 et 
seq.), of which— 
(1) $129,300,000 shall be for radiological/nu-
clear countermeasures; 
(2) $407,000,000 shall be for biological coun-
termeasures; 
(3) $62,700,000 shall be for chemical and high 
explosives countermeasures; 
(4) $39,700,000 shall be for the standards and 
State and local program; 
(5) $34,000,000 shall be for the Conventional 
Missions/Components Program; 
(6) $30,000,000 shall be for university pro-
grams; 
(7) $21,000,000 shall be for emerging threats;
(8) $76,000,000 shall be for the Rapid Proto-
typing Program; 
(9) $101,900,000 shall be for threat and vul-
nerability testing and assessment; 
(10) 
$61,000,000 
shall 
be 
for 
Counter 
MANPADS/Critical Infrastructure Protection; 
(11) $52,600,000 shall be for salary and ex-
penses; and 
(12) $24,150,000 shall be for Research and De-
velopment Consolidation transferred funds. 
(b) FISCAL YEAR 2006.—There are authorized to be 
appropriated to the Secretary of Homeland Security for 
the 
Directorate 
of 
Science 
and 
Technology 
$1,045,656,000 for fiscal year 2006 to carry out title III 
of the Homeland Security Act of 2002 (6 U.S.C. 181 et 
seq.), of which— 
(1) $133,179,000 shall be for radiological/nu-
clear countermeasures; 
(2) $419,210,000 shall be for biological coun-
termeasures; 
(3) $64,581,000 shall be for chemical and high 
explosives countermeasures; 
(4) $40,891,000 shall be for the standards and 
State and local program;
(5) $35,020,000 shall be for the Conventional 
Missions/Components Program; 
(6) $30,900,000 shall be for university pro-
grams; 
(7) $21,630,000 shall be for emerging threats; 
(8) $78,280,000 shall be for the Rapid Proto-
typing Program; 
(9) $104,957,000 shall be for threat and vul-
nerability testing and assessment; 
(10) 
$62,830,000 
shall 
be 
for 
Counter 
MANPADS/Critical Infrastructure Protection; and 
(11) $54,178,000 shall be for salary and ex-
penses. 
(c) FISCAL YEAR 2007.—There are authorized to be 
appropriated to the Secretary of Homeland Security for 
the 
Directorate 
of 
Science 
and 
Technology 
$1,077,025,680 for fiscal year 2007 to carry out title III 
of the Homeland Security Act of 2002 (6 U.S.C. 181 et 
seq.), of which— 
(1) $137,174,370 shall be for radiological/nu-
clear countermeasures; 
(2) $431,786,300 shall be for biological coun-
termeasures; 
(3) $66,518,430 shall be for chemical and high 
explosives countermeasures;
(4) $42,117,730 shall be for the standards and 
State and local program; 
(5) $36,070,600 shall be for the Conventional 
Missions/Components Program; 
(6) $31,827,000 shall be for university pro-
grams; 
(7) $22,278,900 shall be for emerging threats; 
(8) $80,628,400 shall be for the Rapid Proto-
typing Program; 
(9) $108,105,710 shall be for threat and vul-
nerability testing and assessment; 
(10) 
$64,714,900 
shall 
be 
for 
Counter 
MANPADS/Critical Infrastructure Protection; and 
(11) $55,803,340 shall be for salary and ex-
penses. 
(d) FISCAL YEAR 2008.—There are authorized to be 
appropriated to the Secretary of Homeland Security for 
the 
Directorate 
of 
Science 
and 
Technology 
$1,109,336,450 for fiscal year 2008 to carry out title III 
of the Homeland Security Act of 2002 (6 U.S.C. 181 et 
seq.), of which— 
(1) $141,289,601 shall be for radiological/nu-
clear countermeasures; 
(2) $444,739,889 shall be for biological coun-
termeasures;