[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2474 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2474

   To provide additional resources and funding to address inspection 
  delays at United States ports of entry on the Southern border, open 
    additional inspection lanes, hire more inspectors, and provide 
  recruitment and retention incentives for United States Customs and 
   Border Protection officers who serve on the Northern and Southern 
                                borders.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2007

  Mr. Cornyn introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To provide additional resources and funding to address inspection 
  delays at United States ports of entry on the Southern border, open 
    additional inspection lanes, hire more inspectors, and provide 
  recruitment and retention incentives for United States Customs and 
   Border Protection officers who serve on the Northern and Southern 
                                borders.

    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 ``Emergency Port of Entry Personnel 
and Infrastructure Funding Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Northern border.--The term ``Northern border'' means 
        the international border between the United States and Canada.
            (2) Port of entry.--The term ``port of entry'' includes 
        land, air, and sea ports of entry into the United States.
            (3) Southern border.--The term ``Southern border'' means 
        the international border between the United States and Mexico.

SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Staff Enhancements for Customs Officers.--In addition to 
positions authorized as of the date of the enactment of this Act, 
United States Customs and Border Protection shall hire, train, and 
assign to duty during fiscal years 2009 through 2012--
            (1) 2,000 full-time officers to serve on primary inspection 
        lanes at land ports of entry on the Northern border and the 
        Southern border;
            (2) 1,000 full-time officers to serve on primary inspection 
        lanes at air and sea ports of entry on the Northern border and 
        the Southern border;
            (3) 600 supervisory full-time officers to serve on the 
        Northern border and the Southern border; and
            (4) 200 support staff for ports of entry along the Northern 
        border and the Southern border.
    (b) Staff Enhancements for Customs Officers in Texas.--In addition 
to positions authorized on the date of the enactment of this Act, 
United States Customs and Border Protection shall hire, train, and 
assign to duty during fiscal years 2009 through 2012--
            (1) 750 full-time officers to serve on primary inspection 
        lines at land ports of entry in Texas; and
            (2) 500 full-time officers to serve on primary inspection 
        lines at air and sea ports of entry in Texas.
    (c) Waiver of FTE Limitation.--The Secretary of Homeland Security 
may waive any limitation on the number of full-time equivalent 
personnel assigned to the Department of Homeland Security in order to 
fulfill the requirements under subsections (a) and (b).
    (d) Secure Communication and Equipment.--The Secretary of Homeland 
Security shall, subject to the availability of appropriations for such 
purpose, ensure that all United States Customs and Border Protection 
agents and officers are equipped with secure 2-way communication and 
satellite-enabled devices to ensure communication between agents and 
ports of entry, patrol, and inspection stations, and other Federal, 
State, local and tribal law enforcement agencies.
    (e) Retention Incentives, Training, and Salaries.--
            (1) In general.--The Secretary of Homeland Security shall, 
        subject to the availability of appropriations for such purpose, 
        ensure that the requirements under this subsection are met.
            (2) Training.--
                    (A) New hires.--All new United States Customs and 
                Border Protection officers (including new supervisory 
                officers) shall receive initial law enforcement 
                training at the Federal Law Enforcement Center. Such 
                training shall include--
                            (i) at least 30 hours of training on 
                        immigration and nationality law;
                            (ii) language training to ensure 
                        proficiency in Spanish and in any other 
                        language frequently used by aliens on the 
                        Southern border, unless such officers have 
                        already demonstrated proficiency in such 
                        languages;
                            (iii) training on the law and standards 
                        governing the use of force in apprehension and 
                        detention of aliens; and
                            (iv) training on ethics and substance 
                        abuse.
                    (B) Existing cbp officers.--All existing United 
                States Customs and Border Protection officers shall 
                receive annual law enforcement training in a manner, 
                and at such locations, as prescribed by the 
                Commissioner of United States Customs and Border 
                Protection. Such refresher training shall include--
                            (i) at least 10 hours on immigration and 
                        nationality law, including recent changes 
                        through legislative action, litigation, 
                        administrative regulations, and policy 
                        interpretations of the Department of Homeland 
                        Security;
                            (ii) refresher training on the law and 
                        standards governing the use of force in 
                        apprehension and detention of aliens; and
                            (iii) training on ethics and substance 
                        abuse.
            (3) Recruitment and retention bonuses.--To the extent 
        necessary to retain qualified United States Customs and Border 
        Protection port of entry officers and border patrol agents, the 
        Secretary may pay recruitment incentives that are not less than 
        $5,000 and not more than $10,000.
            (4) Special rules for incentive payments.--
                    (A) In general.--Any recruitment incentive payment 
                shall be paid to each new employee, in a lump sum, 
                after the employee has entered on duty and completed 6 
                months of service.
                    (B) Retention incentives.--A retention incentive 
                payment shall--
                            (i) be paid to an employee, in a lump sum, 
                        at the end of the fiscal year in which the 
                        qualified employee is selected by the 
                        Secretary, or a delegate of the Secretary, for 
                        receipt of such payment;
                            (ii) not be limited solely to work 
                        performance, but may be based on criteria such 
                        as--
                                    (I) longevity of service and 
                                experience;
                                    (II) comparative salaries for law 
                                enforcement officers in other Federal 
                                agencies; and
                                    (III) costs for replacement and 
                                training of a new employee;
                            (iii) be contingent upon the selected 
                        employee signing an agreement, under penalty of 
                        perjury, to remain in Federal service at his or 
                        her current location for at least 3 years;
                            (iv) be subject to reimbursement if the 
                        employee fails to complete the required 3 years 
                        of Federal service due to voluntary or 
                        involuntary separation from service.
    (f) Salaries.--Section 101(b) of the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (8 U.S.C. 1711(b)) is amended to read as 
follows:
    ``(b) Authorization of Appropriations for CBP Employees.--There are 
authorized to be appropriated to United States Customs and Border 
Protection such sums as may be necessary to increase, beginning January 
1, 2008, the annual rate of basic pay for United States Customs and 
Border Protection employees who have completed at least 1 year of 
service--
            ``(1) to the annual rate of basic pay payable for positions 
        at GS-12 of the General Schedule under subchapter III of 
        chapter 53 of title 5, United States Code, for officers and 
        agents who have been paid at the annual rate of basic pay 
        payable for a position at GS-5, GS-6, GS-7, GS-8, or GS-9 of 
        the General Schedule;
            ``(2) to the annual rate of basic pay payable for positions 
        at GS-12, step 10, GS-13, or GS-14, step 1, respectively, of 
        the General Schedule, for supervisory officers and supervisory 
        border patrol agents who have been paid at an annual rate of 
        pay payable for positions at GS-10, GS-11, or GS-12 of the 
        General Schedule; and
            ``(3) to the annual rate of basic pay payable for positions 
        at GS-8, GS-9, or GS-10, respectively, of the General Schedule, 
        for assistants who have been paid at an annual rate of pay 
        payable for positions at GS-5, GS-6, or GS-7 of the General 
        Schedule.''.

SEC. 4. PORTS OF ENTRY INFRASTRUCTURE.

    (a) In General.--The Secretary of Homeland Security may--
            (1) construct additional ports of entry along the Northern 
        border and the Southern border; and
            (2) determine the location for new ports of entry, except 
        as provided under subsection (c).
    (b) Consultation.--The Secretary of Homeland Security may designate 
locations for new ports of entry after consultation with the Secretary 
of Interior, the Secretary of Agriculture, appropriate representatives 
of States, local governments, and Indian tribes, and property owners in 
the United States. Such consultations shall be designed to minimize the 
impact of the new ports of entry on the environment, culture, commerce, 
and quality of life for the communities and residents located near the 
proposed sites at which the such ports of entry will be constructed.
    (c) Expansion of Texas Ports of Entry.--
            (1) Eagle pass.--The Secretary shall expand the vehicle, 
        cargo, and pedestrian inspection lanes at the Eagle Pass, Texas 
        port of entry by 6 additional primary and secondary inspection 
        lanes by the end of fiscal year 2012.
            (2) Laredo.--The Secretary shall expand the vehicle, cargo, 
        and pedestrian inspection lanes at the Laredo, Texas port of 
        entry by 6 additional primary and secondary inspection lanes by 
        the end of fiscal year 2012.

SEC. 5. EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT AND THE 
              PAPERWORK REDUCTION ACT.

    (a) Administrative Procedures Act.--Chapter 5 of title 5, United 
States Code (commonly known as the ``Administrative Procedure Act''), 
and any other law relating to rulemaking, information collection, or 
publication in the Federal Register, shall not apply to any action to 
implement this Act, and the amendments made by this Act, to the extent 
the Secretary of Homeland Security, the Secretary of State, the 
Attorney General, or the Secretary of Labor determines that compliance 
with any such requirement would impede the expeditious implementation 
of this Act or the amendments made by this Act.
    (b) Paperwork Reduction Act.--Chapter 35 of title 44, United States 
Code (commonly known as the ``Paperwork Reduction Act''), shall not 
apply to any action to implement this Act or the amendments made by 
this Act to the extent the Secretary of Homeland Security, the 
Secretary of State, the Attorney General, or the Secretary of Labor 
determines that compliance with any such requirement would impede the 
expeditious implementation of such Act or the amendments made by this 
Act.

SEC. 6. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES.

    (a) In General.--Notwithstanding any other provision of law, in 
implementing this Act--
            (1) the competition requirements under section 303 of the 
        Federal Property and Administrative Services Act of 1949 (41 
        U.S.C. 253) shall not apply;
            (2) any executive agency entering into a contract to 
        implement this Act may use noncompetitive procedures in 
        accordance with section 303(c) of such Act;
            (3) the Secretary of Homeland Security may enter into 
        contracts to implement the programs described in this Act in 
        advance of the receipt of any fees imposed on any beneficiary 
        or petitioner for benefits under this Act;
            (4) the Secretary may not collect fees in excess of the 
        amount necessary to defray the costs of the programs described 
        in this Act;
            (5) the Secretary may appoint employees on a term, 
        temporary limited, or part-time basis without regard to--
                    (A) the number of such employees;
                    (B) the ratio between the number of such employees 
                and the number of permanent full-time employees; and
                    (C) the duration of such employees' employment; and
            (6) nothing in chapter 71 of title 5, United States Code, 
        shall affect the authority of any Department of Homeland 
        Security management official to hire employees under this 
        subsection on a temporary limited or part-time basis.
    (b) Limitations on Judicial Review.--The determination of an 
executive agency under section 303 of the Federal Property and 
Administrative Services Act (41 U.S.C. 253(c)) shall not be subject to 
challenge by protest to--
            (1) the Government Accountability Office under subchapter V 
        of chapter 35 of title 31, United States Code; or
            (2) the Court of Federal Claims under section 1491 of title 
        28, United States Code.
    (c) Reports.--Any executive agency exercising the authority granted 
under subsections (a) and (b) shall--
            (1) immediately submit written notification to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives; and
            (2) submit a quarterly report on the estimated obligations 
        incurred pursuant to the authority granted under subsection 
        (b).

SEC. 7. AUTHORITY TO ACQUIRE LEASEHOLDS.

    Notwithstanding any other provision of law, the Secretary of 
Homeland Security may acquire a leasehold interest in real property, 
and may provide in a lease entered into under this section for the 
construction or modification of any facility on the leased property, if 
the Secretary determines that the acquisition of such interest, and 
such construction or modification, are necessary to facilitate the 
implementation of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to any funds otherwise available, 
there are authorized to be appropriated--
            (1) such sums as may be necessary for each of the fiscal 
        years 2009 through 2012 to carry out subsections (a) and (b) of 
        section 3;
            (2) $10,000,000 for each of the fiscal years 2009 through 
        2012 to carry out section 3(d);
            (3) $30,000,000 for each of the fiscal years 2009 through 
        2012 to carry out section 3(e)(1);
            (4) $10,000,000 for each of the fiscal years 2009 through 
        2012 to carry out section 3(e)(3);
            (5) such sums as may be necessary to carry out section 3(f) 
        for fiscal year 2008 and for each succeeding fiscal year; and
            (6) $400,000,000 for each of the fiscal years 2008 through 
        2010 to carry out section 4.
    (b) International Agreements.--In addition to any funds otherwise 
made available, there are authorized to be appropriated $100,000,000 
for each of the fiscal years 2009 through 2012 for continued 
implementation of--
            (1) the Secure Border Initiative, the Western Hemisphere 
        Travel Initiative, and the US-VISIT program on the Northern 
        border and the Southern border; and
            (2) the Customs-Trade Partnership Against Terrorism.
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