Trade bill includes billions for border security technology

The bill to renew presidential trade-negotiating authority passed by the Senate Thursday includes billions of dollars earmarked for new border security technologies and contains explicit negotiating objectives on e-commerce and services.

The Senate passed the bill, H.R. 3009, by a vote of 64-34. Sections of the bill that would reauthorize the Customs Service have attracted mixed reactions from the high-tech industry and civil liberties groups.

"It's good for Customs, and it's good for the tech industry because it provides the funds to modernize the system and gives us an opportunity to do the work," said former customs attorney Joseph Tasker, now senior vice president at the Information Technology Association of America.

The Customs portion of the bill would authorize $1.37 billion in fiscal 2003 and $1.4 billion in fiscal 2004 for the agency's non-commercial operations, and $1.64 billion in fiscal 2003 and $1.68 billion in fiscal 2004 for commercial operations.

The money would include $308 million each year to modernize Customs procedures through the completion of the Automated Commercial Environment computer system.

In addition, $90 million would be spent in fiscal 2003 to acquire and implement technology to combat terrorism and illicit narcotics at U.S. borders. The technologies include a variety of X-ray mechanisms, communications systems, surveillance cameras, sensors and software to read license plates. In fiscal 2004, the focus would turn to "technologically superior" equipment.

The American Civil Liberties Union (ACLU) on Wednesday raised privacy concerns about the Customs sections, including a proposal that it characterized as "unwarranted" immunity for Customs officials from legal cases arising from their searches of people or property if they were acting in "good faith." ACLU also criticized a provision that would allow Customs officials to open sealed, outbound international mail for any reason.

"The problem with this provision is that it is taking away judicial oversight," ACLU legislative counsel Rachel King said. "What is scary about this is how we are just eliminating checks and balances in our system."

Another provision would mandate advanced electronic information on incoming cargo. The Treasury Department, which currently includes Customs, would have to promulgate rules for Customs within one year for the use of an electronic data-interchange system. The detailed parameters for the information that the Senate previously sought were softened to become "guidelines" in the House-Senate compromise version of the measure.

The bill also would authorize $10 million in fiscal 2003 to implement a program to prevent child pornography and exploitation established by Customs' Child Cyber-Smuggling Center.

And trade negotiators would be directed to ensure that electronically delivered goods and services receive the same treatment as physically delivered goods, among other objectives.

Americans for Technology Leadership in a statement Thursday urged the Senate to quickly pass the trade bill. The group said passage would "ensure the growth of the technology industry by opening new markets and giving our technology companies the opportunity to sell their products in markets that are not currently open to American companies."