[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1604 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1604

   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 for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2011

  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 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 ``Emergency Port of Entry Personnel 
and Infrastructure Funding Act of 2011''.

SEC. 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.

SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Staff Enhancements.--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, subject to the 
availability of appropriations for such purpose, hire, train, and 
assign to duty, by not later than September 30, 2016, the following:
            (1) Five thousand 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 and the Southern 
        border.
            (2) Three hundred fifty 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) Reports 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, and adequate outbound infrastructure, 
        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.
            (3) Annual implementation report.--Not later than 1 year 
        after the date of the enactment of this Act, and annually 
        thereafter, the Secretary of Homeland Security shall submit a 
        report to the committees set forth in paragraph (1) that--
                    (A) details the Department of Homeland Security's 
                implementation plan for staff enhancements required 
                under subsection (a)(1);
                    (B) includes the number of additional personnel 
                assigned to duty at land ports of entry by location; 
                and
                    (C) describes the methodology used to determine the 
                distribution of additional personnel to address 
                northbound and southbound cross-border inspections.

SEC. 4. SECURE COMMUNICATIONS AND DETECTION EQUIPMENT 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 United States 
Customs and Border Protection 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.

SEC. 5. INFRASTRUCTURE IMPROVEMENTS AND EXPANSION OF LAND PORTS OF 
              ENTRY.

    (a) In General.--In order to aid in the enforcement of Federal 
customs, immigration, and agriculture laws, the Commissioner of U.S. 
Customs and Border Protection 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--
                    (A) to determine locations for new ports of entry; 
                and
                    (B) to 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--
                    (A) to create any right or liability of the parties 
                described in paragraph (1);
                    (B) to affect the legality and validity of any 
                determination under this Act by the Secretary; or
                    (C) to affect any consultation requirement under 
                any other law.

SEC. 6. 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.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $6,000,000,000 to carry out 
this Act during the 6-year period beginning on October 1, 2011, of 
which $30,000,000 shall be used for grants authorized under section 
4(b).

SEC. 8. RESCISSION OF UNOBLIGATED FEDERAL FUNDS.

    (a) In General.--There is hereby rescinded, from appropriated 
discretionary funds that remain available for obligation as of the date 
of the enactment of this Act (other than the unobligated funds covered 
by subsection (d)), amounts determined by the Director of the Office of 
Management and Budget such that the aggregate amount of the rescission 
equals the amount authorized to be appropriated under section 7.
    (b) Implementation.--The Director of the Office of Management and 
Budget shall determine and identify--
            (1) the appropriation accounts from which the rescission 
        under subsection (a) shall apply; and
            (2) the amount of the rescission that shall be applied to 
        each such account.
    (c) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Director of the Office of Management and Budget shall 
submit to Congress and the Secretary of the Treasury a report that 
describes the accounts and amounts determined and identified under 
subsection (b) for rescission under subsection (a).
    (d) Exceptions.--This section shall not apply to unobligated funds 
of--
            (1) the Department of Defense;
            (2) the Department of Veterans Affairs; or
            (3) the Department of Homeland Security.
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