America's Border Security Act of 2007 - Sets forth border security and enforcement provisions, including provisions respecting: (1) use of Department of Defense (DOD) surveillance equipment, including unmanned aerial vehicles (UAVs); (2) road and barrier construction; (3) ports of entry construction; (4) communications enhancements; (5) aerial surveillance programs; (6) personnel increases; and (7) a national border security plan.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3469 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3469
To assist the Secretary of Homeland Security in carrying out
surveillance activities conducted at or near the international land
borders of the United States to prevent illegal immigration, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 4, 2007
Mr. Ruppersberger introduced the following bill; which was referred to
the Committee on Homeland Security, and in addition to the Committee on
Armed Services, 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 assist the Secretary of Homeland Security in carrying out
surveillance activities conducted at or near the international land
borders of the United States to prevent illegal immigration, 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 ``America's Border Security Act of
2007''.
SEC. 2. TECHNOLOGICAL ASSETS.
(a) Increased Availability of Equipment.--The Secretary of Homeland
Security and the Secretary of Defense shall develop and implement a
plan to use authorities provided to the Secretary of Defense under
chapter 18 of title 10, United States Code, to increase the
availability and use of Department of Defense equipment, including
unmanned aerial vehicles, tethered aerostat radars, and other
surveillance equipment, to assist the Secretary of Homeland Security in
carrying out surveillance activities conducted at or near the
international land borders of the United States to prevent illegal
immigration.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of Homeland Security and the Secretary of
Defense shall submit to Congress a report that contains--
(1) a description of the current use of Department of
Defense equipment to assist the Secretary of Homeland Security
in carrying out surveillance of the international land borders
of the United States and assessment of the risks to citizens of
the United States and foreign policy interests associated with
the use of such equipment;
(2) the plan developed under subsection (b) to increase the
use of Department of Defense equipment to assist such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by the Secretary of Defense under such
plan during the 1-year period beginning on the date of the
submission of the report.
(c) Unmanned Aerial Vehicle Pilot Program.--During the 1-year
period beginning on the date on which the report is submitted under
subsection (b), the Secretary of Homeland Security shall conduct a
pilot program to test unmanned aerial vehicles for border surveillance
along the international border between Canada and the United States.
(d) Construction.--Nothing in this section may be construed as
altering or amending the prohibition on the use of any part of the Army
or the Air Force as a posse comitatus under section 1385 of title 18,
United States Code.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security such sums as may be
necessary for each of the fiscal years 2008 through 2012 to carry out
subsection (a).
SEC. 3. INFRASTRUCTURE.
(a) Construction of Border Control Facilities.--Subject to the
availability of appropriations, the Secretary of Homeland Security
shall construct all-weather roads and acquire additional vehicle
barriers and facilities necessary to achieve operational control of the
international borders of the United States.
(b) Reports.--The Secretary of Homeland Security shall submit
quarterly reports to the Congress on the progress made in carrying out
subsection (a).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security such sums as may be
necessary for each of the fiscal years 2008 through 2012 to carry out
subsection (a).
SEC. 4. PORTS OF ENTRY.
The Secretary of Homeland Security is authorized to--
(1) construct additional ports of entry along the
international land borders of the United States, at locations
to be determined by the Secretary of Homeland Security; and
(2) make necessary improvements to the ports of entry in
existence on the date of enactment of this Act.
SEC. 5. SECURE COMMUNICATION.
The Secretary of Homeland Security shall, as expeditiously as
practicable, develop and implement a plan to improve the use of
satellite communications and other technologies to ensure clear and
secure 2-way communication capabilities--
(1) among all Border Patrol agents conducting operations
between ports of entry;
(2) between Border Patrol agents and their respective
Border Patrol stations;
(3) between Border Patrol agents and residents in remote
areas along the international land borders of the United
States; and
(4) between all appropriate border security agencies of the
Department and State, local, and tribal law enforcement
agencies.
SEC. 6. UNMANNED AERIAL VEHICLES.
(a) Unmanned Aerial Vehicles and Associated Infrastructure.--The
Secretary of Homeland Security shall acquire and maintain not fewer
than 5 unmanned aerial vehicles and related equipment for use to patrol
the international borders of the United States, including equipment
such as--
(1) additional sensors;
(2) critical spares;
(3) satellite command and control; and
(4) other necessary equipment for operational support.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Homeland Security for each of the fiscal years
2008 and 2009 such sums as may be necessary to carry out
subsection (a).
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in paragraph (1) are
authorized to remain available until expended.
SEC. 7. SURVEILLANCE TECHNOLOGIES PROGRAMS.
(a) Aerial Surveillance Program.--
(1) In general.--In conjunction with the border
surveillance plan developed under section 5201 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1701 note), the Secretary of
Homeland Security, not later than 90 days after the date of
enactment of this Act, shall develop and implement a program to
fully integrate and utilize aerial surveillance technologies,
including unmanned aerial vehicles, to enhance the security of
the international border between the United States and Canada
and the international border between the United States and
Mexico. The goal of the program shall be to ensure continuous
monitoring of each mile of each such border.
(2) Assessment and consultation requirements.--In
developing the program under this subsection, the Secretary of
Homeland Security shall--
(A) consider current and proposed aerial
surveillance technologies;
(B) assess the feasibility and advisability of
utilizing such technologies to address border threats,
including an assessment of the technologies considered
best suited to address respective threats;
(C) consult with the Secretary of Defense regarding
any technologies or equipment, which the Secretary of
Homeland Security may deploy along an international
border of the United States; and
(D) consult with the Administrator of the Federal
Aviation Administration regarding safety, airspace
coordination and regulation, and any other issues
necessary for implementation of the program.
(3) Additional requirements.--
(A) In general.--The program developed under this
subsection shall include the use of a variety of aerial
surveillance technologies in a variety of topographies
and areas, including populated and unpopulated areas
located on or near an international border of the
United States, in order to evaluate, for a range of
circumstances--
(i) the significance of previous
experiences with such technologies in border
security or critical infrastructure protection;
(ii) the cost and effectiveness of various
technologies for border security, including
varying levels of technical complexity; and
(iii) liability, safety, and privacy
concerns relating to the utilization of such
technologies for border security.
(4) Continued use of aerial surveillance technologies.--The
Secretary of Homeland Security may continue the operation of
aerial surveillance technologies while assessing the
effectiveness of the utilization of such technologies.
(5) Report to congress.--Not later than 180 days after
implementing the program under this subsection, the Secretary
of Homeland Security shall submit to Congress a report
regarding such program. The Secretary of Homeland Security
shall include in the report a description of such program
together with any recommendations that the Secretary finds
appropriate for enhancing the program.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Integrated and Automated Surveillance Program.--
(1) Requirement for program.--Subject to the availability
of appropriations, the Secretary of Homeland Security shall
establish a program to procure additional unmanned aerial
vehicles, cameras, poles, sensors, satellites, radar coverage,
and other technologies necessary to achieve operational control
of the international borders of the United States and to
establish a security perimeter known as a ``virtual fence''
along such international borders to provide a barrier to
illegal immigration. Such program shall be known as the
Integrated and Automated Surveillance Program.
(2) Program components.--The Secretary shall ensure, to the
maximum extent feasible, that--
(A) the technologies utilized in the Integrated and
Automated Surveillance Program are integrated and
function cohesively in an automated fashion, including
the integration of motion sensor alerts and cameras in
a manner where a sensor alert automatically activates a
corresponding camera to pan and tilt in the direction
of the triggered sensor;
(B) cameras utilized in the Program do not have to
be manually operated;
(C) such camera views and positions are not fixed;
(D) surveillance video taken by such cameras is
able to be viewed at multiple designated communications
centers;
(E) a standard process is used to collect, catalog,
and report intrusion and response data collected under
the Program;
(F) future remote surveillance technology
investments and upgrades for the Program can be
integrated with existing systems;
(G) performance measures are developed and applied
that can evaluate whether the Program is providing
desired results and increasing response effectiveness
in monitoring and detecting illegal intrusions along
the international borders of the United States;
(H) plans are developed under the Program to
streamline site selection, site validation, and
environmental assessment processes to minimize delays
of installing surveillance technology infrastructure;
(I) standards are developed under the Program to
expand the shared use of existing private and
governmental structures to install remote surveillance
technology infrastructure where possible; and
(J) standards are developed under the Program to
identify and deploy the use of nonpermanent or mobile
surveillance platforms that will increase the
Secretary's mobility and ability to identify illegal
border intrusions.
(3) Report to congress.--Not later than 1 year after the
initial implementation of the Integrated and Automated
Surveillance Program, the Secretary of Homeland Security shall
submit to Congress a report regarding the Program. The
Secretary shall include in the report a description of the
Program together with any recommendation that the Secretary
finds appropriate for enhancing the program.
(4) Evaluation of contractors.--
(A) Requirement for standards.--The Secretary of
Homeland Security shall develop appropriate standards
to evaluate the performance of any contractor providing
goods or services to carry out the Integrated and
Automated Surveillance Program.
(B) Review by the inspector general.--
(i) In general.--The Inspector General of
the Department shall review each new contract
related to the Program that has a value of more
than $5,000,000 in a timely manner, to
determine whether such contract fully complies
with applicable cost requirements, performance
objectives, program milestones, and schedules.
(ii) Reports.--The Inspector General shall
report the findings of each review carried out
under clause (i) to the Secretary of Homeland
Security in a timely manner. Not later than 30
days after the date the Secretary receives a
report of findings from the Inspector General,
the Secretary shall submit to the Committee on
Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland
Security of the House of Representatives a
report of such findings and a description of
any the steps that the Secretary has taken or
plans to take in response to such findings.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
SEC. 8. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY
PERSONNEL.
(a) Inspectors and Agents.--
(1) Increase in inspectors and agents.--During fiscal year
2008, the Secretary of Homeland Security 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 400; and
(B) increase the number of full-time inspectors and
associated support staff in the Bureau of Customs and
Border Protection by 600.
(2) 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).
(b) Training.--The Secretary shall provide appropriate training for
agents, inspectors, 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.
SEC. 9. NATIONAL BORDER SECURITY PLAN.
(a) Requirement for Plan.--Not later than January 31 of each year,
the Secretary of Homeland Security shall prepare a National Border
Security Plan and submit such plan to the Congress.
(b) Consultation.--In preparing the plan required in subsection
(a), the Secretary shall consult with the Under Secretary for
Information Analysis and Infrastructure 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 subsection (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 Secretary may
establish 1 or more port security 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).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committee on Armed Services, 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 Homeland Security, and in addition to the Committee on Armed Services, 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 Homeland Security, and in addition to the Committee on Armed Services, 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 Border, Maritime, and Global Counterterrorism.
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