[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3049 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3049

 To restore growth, spur job creation, build momentum toward economic 
 recovery for border communities and the United States, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2011

 Mr. Grijalva introduced the following bill; which was referred to the 
 Committee on Homeland Security, and in addition to the Committees on 
  Ways and Means, Transportation and Infrastructure, Small Business, 
Oversight and Government Reform, Foreign Affairs, and Agriculture, 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 restore growth, spur job creation, build momentum toward economic 
 recovery for border communities and the United States, 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 Jobs Act 
of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States and Mexico share a border of nearly 
        2,000 miles, a cultural heritage, and a desire to grow both 
        economies through cooperation and hard work.
            (2) Border commerce is vital to the United States economy. 
        Mexico is the United States third-largest trading partner, 
        behind only Canada and China. In 2010, trade between the United 
        States and Mexico reached $367,000,000,000, amounting to more 
        than $1,000,000,000 per day.
            (3) Mexico is the second-largest export market for United 
        States businesses and approximately 22 States depend on Mexico 
        as their number one or two trading partner.
            (4) The growth of international trade has outpaced United 
        States land ports of entry's workload capacity, resulting in 
        congestion and delays. This increased congestion hurts 
        businesses that rely on safe and efficient cross-border 
        traffic.

SEC. 3. UNITED STATES-MEXICO ECONOMIC PARTNERSHIP COMMISSION.

    (a) Establishment of Commission.--
            (1) In general.--There is established an independent 
        commission to be known as the United States-Mexico Economic 
        Partnership Commission (referred to in this section as the 
        ``Commission'').
            (2) Purposes.--The purposes of the Commission are to--
                    (A) study the overall economic strategies, 
                programs, and policies of Federal departments and 
                agencies along the United States-Mexico border, 
                including the Department of Homeland Security, the 
                Department of Commerce, and other relevant departments 
                and agencies;
                    (B) strengthen relations and collaboration between 
                communities along the United States-Mexico border and 
                the Department of Homeland Security, the Department of 
                Commerce, and other Federal departments and agencies 
                that carry out such strategies, programs, and policies; 
                and
                    (C) make recommendations to the President and 
                Congress with respect to such strategies, programs, and 
                policies.
            (3) Membership.--
                    (A) Voting members.--The Commission shall be 
                composed of 16 voting members. The Governors of the 
                States of Arizona, California, New Mexico, and Texas 
                shall each appoint four such members, of whom--
                            (i) one shall be a local elected official 
                        from each such State's border region;
                            (ii) one shall be an individual from 
                        academia or a community leader of each such 
                        State; and
                            (iii) two shall be from each such State's 
                        border region business community.
                    (B) Nonvoting members.--The Commission shall be 
                composed of two nonvoting members, of whom--
                            (i) one shall be appointed by the Secretary 
                        of Homeland Security; and
                            (ii) one shall be appointed by the 
                        Secretary of Commerce.
            (4) Qualifications.--
                    (A) In general.--Members of the Commission shall 
                be--
                            (i) individuals with expertise in 
                        migration, border enforcement and protection, 
                        civil and human rights, community relations, 
                        cross-border trade and commerce, or other 
                        pertinent qualifications or experience; and
                            (ii) representative of a broad cross 
                        section of perspectives from the region along 
                        the international border between the United 
                        States and Mexico.
                    (B) Political affiliation.--Not more than two 
                members of the Commission appointed by each Governor in 
                accordance with paragraph (3)(A) may be members of the 
                same political party.
                    (C) Nongovernmental appointees.--An individual 
                appointed as a voting member to the Commission may not 
                be an officer or employee of the Federal Government.
            (5) Deadline for appointment.--All members of the 
        Commission shall be appointed not later than six months after 
        the date of the enactment of this Act. If any member of the 
        Commission described in paragraph (3)(A) is not appointed by 
        such date, the Commission shall carry out its duties under this 
        section without participation of such member.
            (6) Term of service.--The term of office for members shall 
        be for the life of the Commission.
            (7) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
            (8) Meetings.--
                    (A) Initial meeting.--The Commission shall meet and 
                begin the operations of the Commission as soon as 
                practical.
                    (B) Subsequent meetings.--After its initial 
                meeting, the Commission shall meet upon the call of the 
                chairman or a majority of its members.
                    (C) Outreach.--The Commission shall formulate and 
                implement an effective outreach strategy to border 
                communities along the United States-Mexico border.
            (9) Quorum.--Nine members of the Commission shall 
        constitute a quorum.
            (10) Chair and vice chair.--The voting members of the 
        Commission shall elect a Chairman and Vice Chairman from among 
        its voting members. The term of office shall be for the life of 
        the Commission.
            (11) Structure.--The Commission shall have a Federal, 
        regional, and local review structure, and shall be divided into 
        two subcommittees, one such subcommittee focused on border 
        technology, equipment, and infrastructure, and one such 
        subcommittee focused on cross-border trade policies and 
        programs.
    (b) Duties.--The Commission shall review and examine cross-border 
trade policies, strategies, and programs with Mexico, including--
            (1) the effect of operations, technology, and 
        infrastructure along such border on the--
                    (A) environment;
                    (B) cross-border traffic and commerce;
                    (C) privacy rights and other civil liberties; and
                    (D) the quality of life of border communities;
            (2) the extent of the negative economic impact, if any, on 
        the United States due to staffing needs at land ports of entry 
        along the such border;
            (3) whether border policies and practices ensure that the 
        free flow of legitimate travel and commerce is not diminished 
        by efforts, activities, and programs aimed at securing the 
        international land ports of entry along the United States-
        Mexico border; and
            (4) any other matters regarding cross-border trade 
        policies, strategies, and programs the Commission determines 
        appropriate.
    (c) Powers of Commission.--
            (1) In general.--
                    (A) Hearings and evidence.--The Commission or, on 
                the authority of the Commission, any subcommittee or 
                member thereof, may, for the purpose of carrying out 
                this Act--
                            (i) hold such hearings and sit and act at 
                        such times and places, take such testimony, 
                        receive such evidence, administer such oaths; 
                        and
                            (ii) subject to subparagraph (B), require, 
                        by subpoena or otherwise, the attendance and 
                        testimony of such witnesses and the production 
                        of such books, records, correspondence, 
                        memoranda, papers, and documents as the 
                        Commission or such designated subcommittee or 
                        designated member may determine advisable.
                    (B) Subpoenas.--
                            (i) Issuance.--A subpoena may be issued 
                        under this subsection only--
                                    (I) by the agreement of the 
                                chairman and the vice chairman; or
                                    (II) by the affirmative vote of six 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this subsection may be 
                        issued under the signature of the chairman or 
                        any member designated by a majority of the 
                        Commission, and may be served by any person 
                        designated by the chairman or by a member 
                        designated by a majority of the Commission.
                            (iii) Enforcement.--In the case of 
                        contumacy or failure to obey a subpoena issued 
                        under this paragraph, the United States 
                        district court for the judicial district in 
                        which the subpoenaed person resides, is served, 
                        or may be found, or where the subpoena is 
                        returnable, may issue an order requiring such 
                        person to appear at any designated place to 
                        testify or to produce documentary or other 
                        evidence. Any failure to obey the order of such 
                        court may be punished by such court as a 
                        contempt of such court.
            (2) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriation Acts, enter into 
        contracts to enable the Commission to discharge its duties 
        under this Act.
            (3) Information from federal agencies.--
                    (A) In general.--The Commission is authorized to 
                secure directly from any executive department, bureau, 
                agency, board, commission, office, independent 
                establishment, or instrumentality of the Government, 
                information, suggestions, estimates, and statistics for 
                the purposes of carrying out this Act. Each such 
                department, bureau, agency, board, commission, office, 
                independent establishment, or instrumentality shall, to 
                the extent authorized by law, furnish such information, 
                suggestions, estimates, and statistics directly to the 
                Commission, upon request made by the chairman, the 
                chairman of any subcommittee created by a majority of 
                the Commission, or any member designated by a majority 
                of the Commission.
                    (B) Receipt, handling, storage, and 
                dissemination.--Information, suggestions, estimates, 
                and statistics referred to in subparagraph (A) shall 
                only be received, handled, stored, and disseminated by 
                members of the Commission and its staff in accordance 
                with all applicable statutes, regulations, and 
                Executive orders.
            (4) Assistance from federal agencies.--
                    (A) General services administration.--The 
                Administrator of General Services shall provide to the 
                Commission on a reimbursable basis administrative 
                support and other services for the performance of the 
                Commission's functions.
                    (B) Other departments and agencies.--In addition to 
                the assistance prescribed in subparagraph (A), the 
                heads of Federal departments and agencies may provide 
                to the Commission such services, funds, facilities, 
                staff, and other support services as they may determine 
                advisable and as may be authorized by law.
            (5) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as Federal departments and agencies of the United States.
    (d) Compensation.--
            (1) In general.--Members of the Commission shall serve 
        without pay.
            (2) Reimbursement of expenses.--All members of the 
        Commission shall be reimbursed for reasonable travel expenses 
        and subsistence, and other reasonable and necessary expenses 
        incurred by such members in the performance of their duties.
    (e) Training.--The Commission shall establish a process and 
criteria by which Commission members receive orientation and training 
on cross-border trade policies, strategies, and programs with respect 
to Mexico.
    (f) Report.--Not later than two years after the date of the first 
meeting called pursuant to subsection (a)(8)(A), the Commission shall 
submit to the President, the Secretary of Homeland Security, the 
Secretary of Commerce, and Congress a report that contains--
            (1) findings with respect to the duties of the Commission;
            (2) recommendations regarding cross-border trade policies, 
        strategies, and programs with respect to Mexico;
            (3) suggestions for the implementation of such 
        recommendations; and
            (4) a recommendation as to whether the Commission should 
        continue to exist after the date of termination described in 
        subsection (i), and if so, a description of the purposes and 
        duties recommended to be carried out by the Commission after 
        such date.
    (g) Response to Report.--Not later than 180 days after the receipt 
of the report required under subsection (f), the Secretary of Homeland 
Security and the Secretary of Commerce shall jointly issue a response 
describing how the Department of Homeland Security and the Department 
of Commerce will implement the recommendations contained in such 
report.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (i) Sunset.--Unless the Commission is re-authorized by Congress, 
the Commission shall terminate on the date that is 60 days after the 
date the Commission submits the report described in subsection (f).

SEC. 4. PORT SECURITY AND TRADE FACILITATION GRANTS.

    (a) Grant Program.--The Secretary of Commerce, in consultation with 
the Secretary of Homeland Security, shall establish a program under 
which grants may be provided to develop and expand trusted shipper 
programs for small- and medium-sized businesses for the purpose of 
facilitating border commerce.
    (b) Applications and Conditions.--In carrying out the grant program 
described in subsection (a), the Secretary of Commerce--
            (1) shall establish a notification and application 
        procedure; and
            (2) may establish such conditions, and require such 
        assurances, as may be appropriate to ensure the efficiency and 
        integrity of the grant program.
    (c) Sunset.--The grant program described in subsection (a) shall 
terminate on the date that is five years after the date of the 
enactment of this Act.
    (d) Limitation.--The sum for all fiscal years of the amounts 
awarded as grants under this section may not exceed $10,000,000.

SEC. 5. IMPROVING PORTS OF ENTRY ON THE SOUTHWEST BORDER FOR BORDER 
              SECURITY AND OTHER PURPOSES.

    (a) In General.--There are authorized to be appropriated to the 
Administrator of the General Services Administration--
            (1) $200,000,000 for fiscal 2013 solely for planning, 
        management, design, alteration, and construction of United 
        States Customs and Border Protection owned land border ports of 
        entry along the international border between the United States 
        and Mexico; and
            (2) $100,000,000 for fiscal year 2013 solely for the 
        installation of renewable energy retrofits at land border ports 
        of entry along the international border between the United 
        States and Mexico.
    (b) Allocation of Authorized Funds.--Of the amounts authorized to 
be appropriated pursuant to subsection (a)(1)--
            (1) not more than 40 percent may be set aside for the San 
        Luis I land port of entry; and
            (2) not more than 60 percent may be set aside for the 
        Douglas land port of entry.

SEC. 6. IMPROVING WASTE WATER TREATMENT INFRASTRUCTURE.

    There are authorized to be appropriated to the International 
Boundary and Water Commission $50,000,000 for fiscal 2013 solely for 
planning, management, design, alteration, and construction of the 
International Outfall Interceptor (IOI) and the Nogales Wash Channel.

SEC. 7. IMPROVING CROSS-BORDER TRANSPORTATION.

    (a) In General.--There are authorized to be appropriated to the 
Federal Highway Administration $100,000,000 for fiscal 2013 for--
            (1) improvements to existing transportation and supporting 
        infrastructure along the United States-Mexico border;
            (2) construction of highways and related safety and 
        enforcement facilities related to international trade with 
        Mexico; and
            (3) international coordination of transportation planning, 
        programming, and border operations with Mexico.
    (b) Allocation of Authorized Funds.--Of amounts authorized to be 
appropriated pursuant to subsection (a), not more than 30 percent may 
be set aside for projects 50 miles from the United States-Mexico 
border.

SEC. 8. INCREASE IN NUMBER OF CUSTOMS AND BORDER PROTECTION OFFICERS ON 
              THE SOUTHWEST BORDER OF THE UNITED STATES.

    (a) Customs and Border Protection Officers.--During fiscal year 
2013, the Secretary of Homeland Security shall increase by not fewer 
than 500 the total number of full-time, active-duty Customs and Border 
Protection officers within United States Customs and Border Protection 
for posting at United States ports of entry along the southern border 
above the number of such officers for which funds were made available 
during fiscal year 2012.
    (b) Agriculture Specialists.--During fiscal year 2013, the 
Secretary of Homeland Security shall increase by not fewer than 30 the 
number of full-time Customs and Border Protection agriculture 
specialists for United States ports of entry along the southern border 
above the number of such agriculture specialists for which funds were 
made available during fiscal year 2012.
    (c) Border Security Support Personnel.--During fiscal year 2013, 
the Secretary of Homeland Security shall increase by not fewer than 10 
the number of full-time border security support personnel for United 
States ports of entry along the southern border above the number of 
such support personnel for which funds were made available during 
fiscal year 2012.
    (d) Priority.--In making personnel additions described in 
subsections (a), (b), and (c), the Commissioner of Customs and Border 
Protection shall give priority to the Tucson Sector.

SEC. 9. SOUTHWEST BORDER STRATEGY FOR SECURITY AND PROSPERITY.

    (a) Requirement for Strategy.--The Secretary of Homeland Security, 
in consultation with the heads of other appropriate Federal departments 
and agencies, shall develop and annually update a Southwest Border 
Strategy for Security and Prosperity that describes actions to be 
carried out to facilitate trade and maintain operational control over 
all land ports of entry into the United States along the southern 
border.
    (b) Content.--The Southwest Border Strategy for Security and 
Prosperity described in subsection (a) shall include the following:
            (1) An assessment of staffing needs for all land ports of 
        entry into the United States along the southern border.
            (2) An assessment of infrastructure needs for all land 
        ports of entry into the United States along the southern 
        border.
            (3) An assessment of the traffic patterns of commercial and 
        passenger vehicles entering and exiting the United States at 
        land ports of entry along the southern border.
            (4) An assessment of the negative economic impact, if any, 
        on the United States due to wait times at land ports of entry 
        along the southern border.
            (5) A description of ways to ensure that the free flow of 
        legitimate travel and commerce is not diminished by efforts, 
        activities, or programs aimed at securing the international 
        land ports of entry along the United States-Mexico border.
            (6) A schedule for the implementation of the security 
        measures described in such Strategy, including realistic 
        deadlines for addressing staffing and infrastructure needs 
        identified in paragraphs (1) and (2), an estimate of the 
        resources needed to carry out such measures, and a description 
        of how such resources should be allocated.
    (c) Consultation.--In developing the Southwest Border Strategy for 
Security and Prosperity under this section, the Secretary of Homeland 
Security shall also consult with representatives of--
            (1) State, local, and tribal authorities from Arizona, 
        California, New Mexico, and Texas; and
            (2) appropriate private sector entities, nongovernmental 
        organizations, and affected communities that have expertise in 
        areas related to border management and international trade 
        across southern ports of entry.
    (d) Submission to Congress.--
            (1) Strategy.--Not later than one year after the date of 
        the enactment of this Act and annually thereafter, the 
        Secretary of Homeland Security shall submit to Congress the 
        Southwest Border Strategy for Security and Prosperity.
            (2) Updates.--In addition to the timeline for submissions 
        of the Southwest Border Strategy for Security and Prosperity 
        described in paragraph (1), the Secretary of Homeland Security 
        shall submit to Congress any change of such Strategy that the 
        Secretary determines is necessary, not later than 30 days after 
        such determination.

SEC. 10. BORDER TECHNOLOGY AND INNOVATION.

    There are authorized to be appropriated to the Department of 
Homeland Security $200,000,000 for fiscal year 2013 solely for 
integrated fixed towers, remote video cameras, hand-held devices, 
mobile systems, and other technologies in Arizona.

SEC. 11. BORDER SMALL BUSINESS REVITALIZATION GRANTS.

    (a) Grant Program.--The Administrator of the Small Business 
Administration shall establish a program under which grants may be 
provided to develop and revitalize small businesses located along the 
United States-Mexico border.
    (b) Applications and Conditions.--In conducting the grant program 
described in subsection (a), the Administrator--
            (1) shall establish a notification and application 
        procedure; and
            (2) may establish such conditions, and require such 
        assurances, as may be appropriate to ensure the efficiency and 
        integrity of such grant program.
    (c) Sunset.--The grant program described in subsection (a) shall 
terminate on the date that is five years after the date of the 
enactment of this Act.
    (d) Limitation.--
            (1) In general.--The sum for all fiscal years of the 
        amounts awarded as grants under this section may not exceed 
        $100,000,000.
            (2) Requirement.--To be eligible for a grant under this 
        section, a small business shall be located within 10 miles of 
        the United States-Mexico border.

SEC. 12. FEDERAL CONTRACTING REQUIREMENTS.

    (a) In General.--
            (1) Local subcontractor.--Except as provided in paragraphs 
        (2) and (3), the head of an Executive agency may not award a 
        contract unless 30 percent of the labor for the performance of 
        the contract (or any subcontract (at any tier) under the 
        contract) is performed by a local subcontractor.
            (2) State subcontractor.--Notwithstanding paragraph (1) and 
        except as provided in paragraph (3), if the head of an 
        Executive agency determines that the requirement of paragraph 
        (1) is not practicable, such head may award a contract if 30 
        percent of the labor for the performance of the contract (or 
        any subcontract (at any tier) under the contract) is performed 
        by a State subcontractor.
            (3) Waiver of requirement.--Notwithstanding paragraphs (1) 
        and (2), if the head of an Executive agency determines that the 
        requirements of paragraphs (1) and (2) are not practicable, 
        such head may award a contract without meeting such 
        requirements.
    (b) Definitions.--In this section:
            (1) Executive agency.--The term ``Executive agency'' has 
        the meaning given that term in section 133 of title 41, United 
        States Code.
            (2) Local subcontractor.--The term ``local subcontractor'' 
        means, with respect to a contract, a subcontractor who has a 
        principal place of business or regularly conducts operations in 
        the area in which work is to be performed under the contract by 
        the subcontractor.
            (3) State.--The term ``State'' means each of the several 
        States, the District of Columbia, each territory or possession 
        of the United States, and each federally recognized Indian 
        tribe.
            (4) State subcontractor.--The term ``State subcontractor'' 
        means, with respect to a contract, a subcontractor who has a 
        principal place of business or regularly conducts operations in 
        the State in which work is to be performed under the contract 
        by the subcontractor.
    (c) Applicability.--The requirements under this section shall apply 
to agreements entered into on or after the date of the enactment of 
this Act.
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