Border Infrastructure and Technology Integration Act of 2004 - Directs the Under Secretary of Homeland Security for Border and Transportation Security (the Under Secretary) to study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each Bureau of Customs and Border Protection field office that has responsibility for U.S. borders with Canada and Mexico (border area).
Authorizes the Secretary of Homeland Security (the Secretary) to provide specified funds to field offices to develop innovative techniques and technologies to carry out their duties.
Directs the Under Secretary of Homeland Security for Science and Technology to: (1) develop pilot programs to utilize, or increase the utilization of, aerial and ground surveillance technologies to enhance U.S. border security; and (2) work with Federal, State, local, and tribal agencies on law enforcement, emergency response, or security related responsibilities for the border area.
Requires the Secretary, acting through the Under Secretary, to develop and implement a plan to improve communications systems and enhance information sharing.
Directs the Secretary and the Secretary of Health and Human Services to execute a memorandum of understanding establishing a system to: (1) monitor hospitals along the border area for signs of potential health threats or bioterror attacks; and (2) ensure cooperation and information sharing.
Directs the Under Secretary to conduct a review of the Science and Technology Directorate's research and development needs and priorities.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4141 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4141
To authorize appropriations for the Homeland Security Department's
Directorate 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
subsequently 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 Department's
Directorate of Science and Technology, establish 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 Representatives 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 Security for Border and
Transportation Security, in consultation with the Under Secretary of
Homeland Security for Science and Technology and the Under Secretary of
Homeland Security for Information Analysis and Infrastructure
Protection, shall study the technology, equipment, and personnel needed
to address security vulnerabilities within the United States for each
field office of the Bureau of Customs and Border Protection that has
responsibility for any portion of the United States borders 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 Secretary's findings and conclusions from each
study conducted under subsection (a) together with legislative
recommendations, 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 Transportation Security such sums as may be necessary for
fiscal years 2005 through 2010 to carry out any such recommendations
from the first study conducted under subsection (a).
SEC. 102. DISCRETIONARY ACCOUNTS FOR FIELD OFFICES.
(a) In General.--The Secretary of Homeland Security 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 techniques 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 office under
this subsection shall be in addition to any amounts made available to
that office under any other provision of law.
(b) Applications.--To receive funding provided under subsection (a)
a field office shall submit an application 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
detail to permit the Secretary to determine whether the additional
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 Border and Transportation
Security, the Under Secretary of Homeland Security for Science
and Technology, and the heads of the other field offices
regarding the technique or technology in order for successful
techniques and technologies to be replicated by other offices.
(2) Contents.--The report shall include--
(A) a description of the technique or technology
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 security; 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 subsection (a) if
the head of the field office believes it necessary to
improve or further develop the technique or technology,
or to develop additional 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 consultation with the Under Secretary of
Homeland Security for Border and Transportation Security, the Under
Secretary 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 surveillance
technologies that could be utilized to enhance 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 utilization of such
technologies; and
(3) assess the feasibility and advisability of utilizing
such technologies to address such threats, including an
assessment of the technologies considered best suited to
address such threats.
(b) Additional Requirements.--
(1) In general.--The pilot program shall include the
utilization of a variety of aerial surveillance 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 utilization of such
technologies for border security;
(B) the cost, utility, and effectiveness of various
technologies for border security, including 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 vehicles.
(c) Implementation.--The Under Secretary of Homeland Security for
Border and Transportation Security shall implement the pilot program
developed under this section.
(d) Report.--Not later than 1 year after implementing the pilot
program under subsection (a), the Under Secretary shall submit a report
on the program to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on Science, and
the House of Representatives Select Committee 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 enhancing 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 consultation with the Under Secretary of
Homeland Security for Border and Transportation Security, the Under
Secretary 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 utilized 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 utilizing
such technologies to address such threats, including an
assessment of the technologies considered best suited to
address such threats.
(b) Additional Requirements.--
(1) In general.--The pilot program shall include the
utilization of a variety of ground surveillance 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 utilization 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 include 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 Security shall implement the pilot program
developed under this section.
(d) Report.--Not later than 1 year after implementing the pilot
program under subsection (a), the Under Secretary shall submit a report
on the program to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on Science, and
the House of Representatives Select Committee 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 enhancing the program.
SEC. 105. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND INFORMATION
SHARING ON BORDER SECURITY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Under Secretary of Homeland Security for Border and
Transportation Security, in consultation with the Under Secretary of
Homeland Security for Science and Technology, the Under Secretary of
Homeland Security for Information Analysis and Infrastructure
Protection, the Assistant Secretary of Commerce for Communications and
Information, and other appropriate 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 Government in order to
facilitate the integration of communications among the
departments and agencies of the Federal Government and State,
local government agencies, and Indian tribal agencies on
matters relating to border security; and
(2) to enhance information sharing among the departments
and agencies of the Federal Government, State and local
government agencies, and Indian tribal agencies on such
matters.
(b) Report.--Not later than 1 year after implementing the plan
under subsection (a), the Secretary shall submit a copy of the plan and
a report on the plan, including any recommendations the Secretary finds
appropriate, to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on Science, and
the House of Representatives Select Committee on Homeland Security.
SEC. 106. BORDER SECURITY COORDINATION.
(a) In General.--The Under Secretary of Homeland Security for
Border and Transportation Security, in consultation with the Under
Secretary of Homeland Security for Science and Technology and the Under
Secretary of Homeland Security for Information Analysis and
Infrastructure Protection, shall work with Federal, State, local, and
tribal agencies on law enforcement, emergency response, or security-
related responsibilities for areas on or 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 jurisdiction 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 technology and
systems for improved coordination among the responsible
agencies.
(c) Report.--Not later than 1 year after implementing the plan
under subsection (a), the Under Secretary shall transmit a report to
the Senate Committee on Commerce, Science, and Transportation, the
House of Representatives Committee on Science, the House of
Representatives Select Committee on Homeland Security, and other
appropriate committees of Congress on the development and
implementation of the plan.
SEC. 107. MONITORING FOR BORDER AREA BIOTERRORISM ATTACKS.
(a) In General.--The Secretary of Homeland Security and the
Secretary of Health and Human Services shall execute a memorandum of
understanding between the Department of Homeland Security and the
Department of Health and Human Services establishing a system--
(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-sharing between
the departments with respect to such threats or attacks.
(b) Report.--Not later than 1 year after the memorandum of
understanding is executed and annually thereafter, 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 include a description of measures taken to deal with any problems
reported, proposals for improving the system, and recommendations
(including legislative recommendations if appropriate), to improve or
expand the system.
TITLE II--DEPARTMENT OF HOMELAND SECURITY DIRECTORATE 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/nuclear
countermeasures;
(2) $407,000,000 shall be for biological countermeasures;
(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 programs;
(7) $21,000,000 shall be for emerging threats;
(8) $76,000,000 shall be for the Rapid Prototyping Program;
(9) $101,900,000 shall be for threat and vulnerability
testing and assessment;
(10) $61,000,000 shall be for Counter MANPADS/Critical
Infrastructure Protection;
(11) $52,600,000 shall be for salary and expenses; and
(12) $24,150,000 shall be for Research and Development
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/nuclear
countermeasures;
(2) $419,210,000 shall be for biological countermeasures;
(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 programs;
(7) $21,630,000 shall be for emerging threats;
(8) $78,280,000 shall be for the Rapid Prototyping Program;
(9) $104,957,000 shall be for threat and vulnerability
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 expenses.
(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/nuclear
countermeasures;
(2) $431,786,300 shall be for biological countermeasures;
(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 programs;
(7) $22,278,900 shall be for emerging threats;
(8) $80,628,400 shall be for the Rapid Prototyping Program;
(9) $108,105,710 shall be for threat and vulnerability
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 expenses.
(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/nuclear
countermeasures;
(2) $444,739,889 shall be for biological countermeasures;
(3) $68,513,983 shall be for chemical and high explosives
countermeasures;
(4) $43,381,262 shall be for the standards and State and
local program;
(5) $37,152,718 shall be for the Conventional Missions/
Components Program;
(6) $32,781,810 shall be for university programs;
(7) $22,947,267 shall be for emerging threats;
(8) $83,047,252 shall be for the Rapid Prototyping Program;
(9) $111,348,881 shall be for threat and vulnerability
testing and assessment;
(10) $66,656,347 shall be for Counter MANPADS/Critical
Infrastructure Protection; and
(11) $57,477,440 shall be for salary and expenses.
SEC. 202. RESEARCH NEEDS AND PRIORITIES REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act and annually thereafter, the Under Secretary of
Homeland Security for Science and Technology shall transmit to the
Senate Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Science, and the House of Representatives
Select Committee on Homeland Security a report on research and
development needs and priorities identified for all elements of the
Department of Homeland Security.
(b) Content.--The report shall include a description of--
(1) the research and development needs in support of the
Department's missions;
(2) priorities established for directing, funding, and
conducting research and development activities of the
Department;
(3) the Directorate of Science and Technology's efforts and
priorities to meet the research and development needs of the
Department;
(4) the progress that the Science and Technology
Directorate has made in its efforts to meet the needs described
in paragraph (1); and
(5) strategies to coordinate and integrate all research,
development, demonstration, testing, and evaluation activities
of the Department.
SEC. 203. NATIONAL ACADEMY OF SCIENCES.
(a) Review.--Not later than 60 days after the initial report is
submitted under section 202, the Under Secretary of Homeland Security
for Science and Technology shall contract with the National Academy of
Sciences to conduct a review of the Science and Technology
Directorate's research and development needs and priorities described
in the report. The review shall include--
(1) an assessment of the Directorate's ability to meet the
research and development needs of the Department of Homeland
Security;
(2) a review of the process used to determine research
priorities;
(3) a review of the grant proposal evaluation process; and
(4) a review of the technology transfer process.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the National Academy of Sciences shall report to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Science, and the House of Representatives
Select Committee on Homeland Security on the results of the review
conducted under subsection (a).
SEC. 204. RESEARCH AND DEVELOPMENT ACTIVITIES REPORTS.
Not later than 60 days after the initial report is submitted under
section 202, the Secretary of Homeland Security shall--
(1) identify all research and development activities in the
Department of Homeland Security that are not conducted within
the Directorate of Science and Technology; and
(2) consolidate those activities so as to eliminate
needless duplication of effort.
SEC. 205. PERSONNEL PLAN.
Not later than 3 months after the date of enactment of this Act,
the Under Secretary of Homeland Security for Science and Technology
shall submit a personnel staffing plan for the Science and Technology
Directorate to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Science.
The plan shall include information on recruitment procedures,
compensation arrangements, and the number and qualifications of
employees required for the Directorate.
SEC. 206. HOMELAND SECURITY INSTITUTE.
Section 312 of the Homeland Security Act of 2002 (6 U.S.C. 192) is
amended by striking subsection (g).
SEC. 207. TECHNOLOGY TRANSFER AND LICENSING OFFICE.
(a) Establishment of the Office.--The Under Secretary of Homeland
Security for Science and Technology shall establish a Technology
Transfer and Licensing Office within the Directorate of Science and
Technology. The Office shall--
(1) facilitate the transfer of technologies into and out of
the Directorate of Science and Technology; and
(2) handle the licensing activities for the Directorate of
Science and Technology.
(b) Technology Transfer Plan.--Not later than 180 days after the
date of enactment of this Act, the Under Secretary shall develop and
implement a technology transfer plan for the Directorate. The
technology transfer plan shall include--
(1) a framework of oversight and administrative
requirements for carrying out technology transfer activities;
(2) a description of how the Office will identify, assess,
license, and monitor research and development projects that the
Department and its related facilities determine have a
potential for public and commercial application; and
(3) procedures for the dissemination of information on
Federally owned or originated products, processes, and services
to interested parties.
(c) Plan and Report.--The Under Secretary shall transmit a copy of
the plan, together with recommendations (including legislative
recommendations) if any, to the Senate Committee on Commerce, Science,
and Transportation, the House of Representatives Committee on Science,
and the House of Representatives Select Committee on Homeland Security
within 1 year after the plan is implemented.
SEC. 208. HOMELAND SECURITY TECHNOLOGY INVESTMENT STUDY.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall initiate and complete a
study to determine the feasibility of funding a nonprofit government-
sponsored enterprise for the purpose of investing in private sector
enterprises to support research and development of new technologies
that show promise for homeland security applications.
(b) Report.--The Secretary shall transmit a report, with the
Secretary's findings, conclusions, and recommendations (including
legislative recommendations, if appropriate), within 120 days after the
date of enactment of this Act to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives Committee on
Science, and the House of Representatives Select Committee on Homeland
Security.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Science, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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