[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1812 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1812

     To provide emergency funding for port of entry personnel and 
                            infrastructure.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 12 (legislative day, December 11), 2013

  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 emergency funding for port of entry personnel and 
                            infrastructure.

    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 2013''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the General Services Administration.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (3) Northern border.--The term ``Northern border'' means 
        the international border between the United States and Canada.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) Southern border.--The term ``Southern border'' means 
        the international border between the United States and Mexico.

SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Staff Enhancements.--
            (1) Authorization.--In addition to positions authorized 
        before the date of the enactment of this Act and any existing 
        officer vacancies within U.S. Customs and Border Protection on 
        such date, the Secretary, subject to the availability of 
        appropriations for such purpose, shall hire, train, and assign 
        to duty, by not later than September 30, 2019--
                    (A) 5,000 full-time U.S. 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; and
                    (B) 350 full-time support staff for all United 
                States ports of entry.
            (2) Waiver of fte limitation.--The Secretary may waive any 
        limitation on the number of full-time equivalent personnel 
        assigned to the Department of Homeland Security in order to 
        carry out paragraph (1).
    (b) Reports to Congress.--
            (1) Outbound inspections.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary shall submit a 
        report containing the Department of Homeland Security's plans 
        for ensuring the placement of sufficient U.S. 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) Sufficient agricultural specialists and personnel.--Not 
        later than 90 days after the date of the enactment of this Act, 
        the Secretary, in consultation with the Secretary of 
        Agriculture and the Secretary of Health and Human Services, 
        shall submit a report to the committees set forth in paragraph 
        (1) that contains each department's plans for ensuring the 
        placement of sufficient U.S. Customs and Border Protection 
        agriculture specialists, Animal and Plant Health Inspection 
        Service entomologist identifier specialists, Food and Drug 
        Administration consumer safety officers, and other relevant and 
        related personnel 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 shall submit a report to the 
        committees set forth in paragraph (1) that--
                    (A) details the Department of Homeland Security's 
                implementation plan for the staff enhancements required 
                under subsection (a)(1)(A);
                    (B) includes the number of additional personnel 
                assigned to duty at land ports of entry, classified by 
                location;
                    (C) describes the methodology used to determine the 
                distribution of additional personnel to address 
                northbound and southbound cross-border inspections; and
                    (D) includes--
                            (i) the strategic plan required under 
                        section 5(a)(1);
                            (ii) the model required under section 5(b), 
                        including the underlying assumptions, factors, 
                        and concerns that guide the decisionmaking and 
                        allocation process; and
                            (iii) the new outcome-based performance 
                        measures adopted under section 5(c)(1).
    (c) Secure Communication.--The Secretary shall ensure that each 
U.S. Customs and Border Protection officer is equipped with a secure 2-
way communication and satellite-enabled device, supported by system 
interoperability, that allows U.S. Customs and Border Protection 
officers to communicate--
            (1) between ports of entry and inspection stations; and
            (2) with other Federal, State, tribal, and local law 
        enforcement entities.
    (d) Border Area Security Initiative Grant Program.--The Secretary 
shall establish a program for awarding grants for the purchase of--
            (1) identification and detection equipment; and
            (2) mobile, hand-held, 2-way communication devices for 
        State and local law enforcement officers serving on the 
        Southern border.
    (e) Port of Entry Infrastructure Improvements.--The Commissioner 
may aid in the enforcement of Federal customs, immigration, and 
agriculture laws by--
            (1) designing, constructing, and modifying--
                    (A) United States ports of entry;
                    (B) living quarters for officers, agents, and 
                personnel;
                    (C) technology and equipment, including those 
                deployed in support of standardized and automated 
                collection of vehicular travel time; and
                    (D) other structures and facilities, including 
                those owned by municipalities, local governments, or 
                private entities located at land ports of entry;
            (2) acquiring, 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) constructing additional ports of entry along the 
        Southern border and the Northern border.
    (f) Prioritization.--In selecting improvements under subsection 
(e), the Commissioner, in coordination with the Administrator shall 
give priority consideration to projects that will substantially--
            (1) reduce commercial and passenger vehicle and pedestrian 
        crossing wait times at one or more ports of entry on the same 
        border;
            (2) increase trade, travel efficiency, and the projected 
        total annual volume at one or more ports of entry on the same 
        border; and
            (3) enhance safety and security at border facilities at one 
        or more ports of entry on the same border.
    (g) Consultation.--
            (1) Locations for new ports of entry.--The Secretary 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, 
        Indian tribes, local governments, 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 the quality of life of 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 or validity of any 
                determination by the Secretary under this Act; or
                    (C) to affect any consultation requirement under 
                any other law.
    (h) Authority To Acquire Leaseholds.--Notwithstanding any other 
provision of law, if the Secretary determines that the acquisition of a 
leasehold interest in real property and the construction or 
modification of any facility on the leased property are necessary to 
facilitate the implementation of this Act, the Secretary may--
            (1) acquire such leasehold interest; and
            (2) construct or modify such facility.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, for each of the fiscal years 
2014 through 2019, $1,000,000,000, of which $5,000,000 shall be used 
for grants authorized under subsection (d).
    (j) Offset, Rescission of Unobligated Federal Funds.--
            (1) In general.--There is hereby rescinded, from 
        appropriated discretionary funds that remain available for 
        obligation on the date of the enactment of this Act (other than 
        the unobligated funds referred to in paragraph (4)), amounts 
        determined by the Director of the Office of Management and 
        Budget that are equal, in the aggregate, to the amount 
        authorized to be appropriated under subsection (i).
            (2) Implementation.--The Director of the Office of 
        Management and Budget shall determine and identify--
                    (A) the appropriation accounts from which the 
                rescission under paragraph (1) shall apply; and
                    (B) the amount of the rescission that shall be 
                applied to each such account.
            (3) 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 a report to Congress and to the 
        Secretary of the Treasury that describes the accounts and 
        amounts determined and identified under paragraph (2) for 
        rescission under paragraph (1).
            (4) Exceptions.--This subsection shall not apply to 
        unobligated funds of--
                    (A) the Department of Defense;
                    (B) the Department of Veterans Affairs; or
                    (C) the Department of Homeland Security.

SEC. 4. CROSS-BORDER TRADE ENHANCEMENT.

    (a) Agreements Authorized.--For purposes of facilitating the 
construction, alteration, operation, or maintenance of a new or 
existing facility or other infrastructure at a port of entry, the 
Administrator may--
            (1) enter into cost-sharing or reimbursement agreements; or
            (2) accept donations of--
                    (A) real or personal property (including monetary 
                donations); or
                    (B) nonpersonal services.
    (b) Evaluation Procedures.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Administrator, in consultation 
        with the Secretary, shall establish procedures for evaluating a 
        proposal submitted by any person under subsection (a)--
                    (A) to enter into a cost-sharing or reimbursement 
                agreement with the General Services Administration to 
                facilitate the construction, alteration, operation, or 
                maintenance of a new or existing facility or other 
                infrastructure at a land border port of entry; or
                    (B) to provide the Administration with a donation 
                of real or personal property (including monetary 
                donations) or nonpersonal services to be used in the 
                construction, alteration, operation, or maintenance of 
                a facility or other infrastructure at a land border 
                port of entry under the control of the Administration.
            (2) Specification.--Donations made under paragraph (1)(B) 
        may specify--
                    (A) the land port of entry facility or facilities 
                in support of which the donation is being made; and
                    (B) the time frame in which the donated property or 
                services shall be used.
            (3) Return of donation.--If the Administrator does not use 
        the property or services donated pursuant to paragraph (1)(B) 
        for the specific facility or facilities designated pursuant to 
        paragraph (2)(A) or within the time frame specified pursuant to 
        paragraph (2)(B), such donated property or services shall be 
        returned to the person that made the donation.
            (4) Determination and notification.--
                    (A) In general.--Not later than 90 days after 
                receiving a proposal pursuant to subsection (a) with 
                respect to the construction or maintenance of a 
                facility or other infrastructure at a land border port 
                of entry, the Administrator shall--
                            (i) make a determination with respect to 
                        whether or not to approve the proposal; and
                            (ii) notify the person that submitted the 
                        proposal of--
                                    (I) the determination; and
                                    (II) if the Administrator did not 
                                approve the proposal, the reasons for 
                                such disapproval.
                    (B) Considerations.--In determining whether or not 
                to approve a proposal under this subsection, the 
                Administrator shall consider--
                            (i) the impact of the proposal on reducing 
                        wait times at that port of entry and other 
                        ports of entry on the same border;
                            (ii) the potential of the proposal to 
                        increase trade and travel efficiency through 
                        added capacity; and
                            (iii) the potential of the proposal to 
                        enhance the security of the port of entry.
    (c) Delegation.--For facilities at which the Administrator has 
delegated or transferred to the Secretary, operations, ownership, or 
other authorities over land border ports of entry, the authorities and 
requirements of the Administrator under this section shall be deemed to 
apply to the Secretary.

SEC. 5. IMPLEMENTATION OF GOVERNMENT ACCOUNTABILITY OFFICE FINDINGS.

    (a) Border Wait Time Data Collection.--
            (1) Strategic plan.--The Secretary, in consultation with 
        the Commissioner, the Administrator of the Federal Highway 
        Administration, State Departments of Transportation, and other 
        public and private stakeholders, shall develop a strategic plan 
        for standardized collection of vehicle wait times at land ports 
        of entry.
            (2) Elements.--The strategic plan required under paragraph 
        (1) shall include--
                    (A) a description of how U.S. Customs and Border 
                Protection will ensure standardized manual wait time 
                collection practices at ports of entry;
                    (B) a timeline for incorporating standardized data 
                into existing online platforms for public reporting;
                    (C) the identification of a standardized 
                measurement and validation wait time data tool for use 
                at all land ports of entry; and
                    (D) an assessment of the feasibility and cost for 
                supplementing and replacing manual data collection with 
                automation, which should utilize existing automation 
                efforts and resources.
    (b) Staff Allocation.--The Secretary, in consultation with the 
Commissioner and State, municipal, and private sector stakeholders at 
each port of entry, shall develop a standardized model for the 
allocation of U.S. Customs and Border Protection officers and support 
staff at land ports of entry, including allocations specific to field 
offices and the port level that utilizes--
            (1) current and future operational priorities and threats;
            (2) historical staffing levels and patterns; and
            (3) anticipated traffic flows.
    (c) Outcome-Based Performance Measures.--
            (1) In general.--The Secretary, in consultation with the 
        Commissioner and relevant public and private sector 
        stakeholders, shall identify and adopt new outcome-based 
        performance measures that support the trade facilitation goals 
        of U.S. Customs and Border Protection.
            (2) Effect of trusted traveler and shipper programs.--
        Outcome-based performance measures identified under this 
        subsection may include--
                    (A) the extent to which trusted traveler and 
                shipper program participants experience decreased 
                annual percentage wait time compared to 
                nonparticipants; and
                    (B) the extent to which trusted traveler and 
                shipper program participants experience an annual 
                reduction in percentage of referrals to secondary 
                inspection facilities compared to nonparticipants.
            (3) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary shall submit a report to 
        the committees set forth in section 3(b)(1) that identifies--
                    (A) the new performance measures developed under 
                this subsection; and
                    (B) the process for the incorporation of such 
                measures into existing performance measures.
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