II 112th CONGRESS 1st Session S. 1604 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.

1.

Short title

This Act may be cited as the Emergency Port of Entry Personnel and Infrastructure Funding Act of 2011.

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

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.

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.

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.

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.

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).

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.