I 
108TH CONGRESS 
1ST SESSION H. R. 1096
To authorize appropriations for border and transportation security personnel 
and technology, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2003
Mr. KOLBE (for himself, Mr. STUPAK, Mr. FRANKS of Arizona, Mr. RENZI, 
Mr. PEARCE, and Mr. GRIJALVA) introduced the following bill; which was 
referred to the Committee on Ways and Means, and in addition to the 
Committees on the Judiciary, Science, and Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To authorize appropriations for border and transportation 
security personnel and technology, 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 Modernization Act’’. 
SEC. 2. DEFINITIONS. 
In this Act:
(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Bureau of 
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. 3. HIRING AND TRAINING OF BORDER AND TRANS-
PORTATION SECURITY PERSONNEL. 
(a) INSPECTORS AND AGENTS.—
(1) INCREASE IN INSPECTORS AND AGENTS.—
During each of fiscal years 2004 through 2008, the 
Under Secretary shall—
(A) increase the number of full-time agents 
and associated support staff in the Bureau of 
Immigration and Customs Enforcement of the 
Department of Homeland Security by the equiv-
alent 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 in-
spectors and associated support staff in the Bu-
reau of Customs and Border Protection by the 
equivalent of at least 200 more than the num-
ber 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 as-
signed 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 tech-
nologies and to ensure that the proficiency levels of such 
personnel are acceptable to protect the borders of the 
United States.
SEC. 4. 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 As-
sessment Study prepared by the United States Customs 
Service, the Immigration and Naturalization Service, and 
the General Services Administration in accordance with 
the matter relating to the ports of entry infrastructure as-
sessment 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 stud-
ies required in subsection (a), the Administrator of Gen-
eral 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 sub-
section (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 Na-
tional Land Border Security Plan required by sec-
tion 5; and 
(3) prioritize the projects described in para-
graphs (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 im-
provement projects described in subsection (c) in the order 
of priority assigned to each project under paragraph (3) 
of such subsection. 
(e) DIVERGENCE FROM PRIORITIES.—The Commis-
sioner may diverge from the priority order if the Commis-
sioner 
determines 
that 
significantly 
changed 
cir-
cumstances, 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. 5. NATIONAL LAND BORDER SECURITY PLAN. 
(a) REQUIREMENT FOR PLAN.—Not later than Janu-
ary 31 of each year, the Under Secretary shall prepare
a National Land Border Security Plan and submit such 
plan to Congress. 
(b) CONSULTATION.—In preparing the plan required 
in subsection (a), the Under Secretary shall consult with 
the Under Secretary for Information Analysis and Infra-
structure Protection and the Federal, State, and local law 
enforcement agencies and private entities that are involved 
in international trade across the northern border or the 
southern border. 
(c) VULNERABILITY ASSESSMENT.—
(1) IN GENERAL.—The plan required in sub-
section (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 secu-
rity 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).