II 111th CONGRESS 1st Session S. 2767 IN THE SENATE OF THE UNITED STATES November 10, 2009 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 for construction and infrastructure improvements at United States land ports of entry, to open additional inspection lanes, to hire more inspectors, and to provide recruitment and retention incentives for United States Customs and Border Protection officers who serve on the Southern Border.

1.

Short title

This Act may be cited as the Emergency Port of Entry Personnel and Infrastructure Funding Act of 2009.

2.

Definitions

In this Act: (1)

Northern border

The term Northern border means the international border between the United States and Canada. (2)

Southern border

The term Southern border means the international border between the United States and Mexico.

3.

Customs and border protection personnel

(a)

Staff enhancements

(1)

Revisions to fiscal year allocations and funding

Title II of the Department of Homeland Security Appropriations Act, 2010 (Public Law 111–83), is amended by inserting Provided further, That of the total amount provided, $40,000,000 shall be used to pay the salaries and related compensation for 250 additional Customs and Border Protection officers and 25 associated support staff personnel, who shall be devoted to new inspection lanes at new land ports of entry on the Southwest border before the period at the end of the first paragraph. (2)

New personnel

In addition to positions authorized before the date of the enactment of this Act and any existing officer vacancies within United States Customs and Border Protection on such date, the Secretary of Homeland Security shall hire, train, and assign to duty, not later than September 30, 2013— (A)2,500 full-time Customs and Border Protection officers to serve on all inspection lanes (primary, secondary, incoming, and outgoing) and enforcement teams at United States land ports of entry on the Northern border; (B)2,500 full-time Customs and Border Protection officers to serve on all inspection lanes (primary, secondary, incoming, and outgoing) and enforcement teams at United States land ports of entry on the Southern border; and (C)350 full-time support staff for all United States ports of entry. (b)

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 subsection (a). (c)

Report to Congress

(1)

Outbound inspections

Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report containing the Department of Homeland Security’s plans for ensuring the placement of sufficient United States Customs and Border Protection officers on outbound inspections at all Southern border land ports of entry to— (A)the Committee on the Judiciary of the Senate; (B)the Committee on the Judiciary of the House of Representatives; (C)the Committee on Homeland Security and Governmental Affairs of the Senate; and (D)the Committee on Homeland Security of the House of Representatives. (2)

Agricultural specialists

Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Agriculture, shall submit a report to the committees set forth in paragraph (1) that contains plans for ensuring the placement of sufficient agriculture specialists at all Southern border land ports of entry. (d)

Retention incentives and salaries

(1)

In general

The Secretary of Homeland Security shall ensure that the requirements under this subsection are met. (2)

Recruitment and retention payments

The Secretary may make incentive payments of $5,000 to $10,000, during the 6-year period beginning on October 1, 2009, to the extent necessary to recruit and retain qualified United States Customs and Border Protection port of entry officers. (3)

Special rules for incentive payments

(A)

Recruitment incentives

Each recruitment incentive payment made under this subsection 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

Each retention incentive payment— (i)shall 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)shall not be limited solely to work performance, but may be based on criteria such as— (I)comparative salaries for law enforcement officers in other Federal agencies; (II)costs for replacement and training of a new employee; and (III)volume of work at the port of entry; (iii)shall be contingent upon the selected employee signing an agreement, under penalty of perjury, to remain in Federal service as a United States Customs and Border Protection officer serving at a land port of entry for at least 3 years; and (iv)shall 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. (C)

Limitations

(i)

Fiscal year 2010

In fiscal year 2010, the Secretary may not make more than 1,500 incentives payments under this subsection. (ii)

Fiscal year 2011 through 2015

In each of the fiscal years 2011 through 2015, the Secretary may not make more than 500 incentive payments under this subsection. (iii)

Eligibility

Any individual receiving an incentive payment in a given fiscal year shall not be eligible to receive another incentive payment until the individual completes at least 2 years of service with the Department of Homeland Security after receiving the payment.

4.

Secure communication; equipment; and grants for border personnel

(a)

Secure communication

The Secretary of Homeland Security shall ensure that each United States Customs and Border Protection officer is equipped with a secure 2-way communication and satellite-enabled device, supported by system interoperability, that allows such officers to communicate between ports of entry and inspection stations, and with other Federal, State, local, and tribal law enforcement entities. (b)

Border Area Security Initiative Grant Program

The Secretary of Homeland Security shall establish a program for awarding grants for the purchase of detection equipment at land ports of entry and mobile, hand-held, 2-way communication and biometric devices for State and local law enforcement officers serving on the Southern border.

5.

Infrastructure improvements and expansion of Texas land ports of entry

(a)

Amendments to American Recovery and Reinvestment Act of 2009

Title VI of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), under the heading entitled construction is amended— (1)by striking U.S. Customs and Border Protection owned; and (2)by inserting Provided further, That $100,000,000 shall be used for infrastructure improvements, expansion, and new construction (or reimbursement for new construction costs incurred during fiscal years 2007 through 2009) of high-volume ports of entry in Texas, regardless of port ownership before the period at the end. (b)

Effective date

The amendments made under subsection (a) shall take effect as if included in the American Recovery and Reinvestment Act of 2009, as of the date of the enactment of such Act.

6.

Additional authorities for port of entry construction

(a)

In general

In order to aid in the enforcement of Federal customs, immigration, and agriculture laws, the Customs and Border Protection Commissioner may— (1)design, construct, and modify land ports of entry and other structures and facilities, including living quarters for officers, agents, and personnel; (2)acquire, by purchase, donation, exchange or otherwise, land or any interest in land determined to be necessary to carry out the Commissioner’s duties under this section; and (3)construct additional ports of entry along the Southern border and the Northern border. (b)

Consultation

(1)

Locations for new ports of entry

The Secretary of Homeland Security is encouraged to consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, the International Joint Commission, and appropriate representatives of States, local governments, Indian tribes, and property owners to— (A)determine locations for new ports of entry; and (B)minimize adverse impacts from such ports on the environment, historic and cultural resources, commerce, and quality of life for the communities and residents located near such ports. (2)

Savings provision

Nothing in this subsection may be construed to— (A)create any right or liability of the parties described in paragraph (1); (B)affect the legality and validity of any determination under this Act by the Secretary; or (C)affect any consultation requirement under any other law.

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 construct or modify 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.

8.

Authorization of appropriations

There are authorized to be appropriated, to carry out this Act during the 6-year period beginning on October 1, 2009, $6,000,000,000, of which— (1)$55,000,000 shall be used for incentive payments authorized under section 3(d); and (2)$30,000,000 shall be used for Border Area Security Grants authorized under section 4(b).