[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 458 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 458

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2015

  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, 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 2015''.

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) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means--
                    (A) the Committee on Environment and Public Works 
                of the Senate;
                    (B) the Committee on Finance of the Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on the Judiciary of the Senate;
                    (E) the Committee on Homeland Security of the House 
                of Representatives;
                    (F) the Committee on the Judiciary of the House of 
                Representatives; and
                    (G) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (6) 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, 2020--
                    (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 to the relevant committees of Congress that includes a 
        plan 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.
            (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 relevant committees of Congress 
        that contains plans for the Department of Homeland Security, 
        the Department of Agriculture, and the Department of Health and 
        Human Services, respectively, 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 relevant 
        committees of Congress 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).
    (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.--
            (1) In general.--The Commissioner may aid in the 
        enforcement of Federal customs, immigration, and agriculture 
        laws by--
                    (A) designing, constructing, and modifying--
                            (i) United States ports of entry;
                            (ii) living quarters for officers, agents, 
                        and personnel;
                            (iii) technology and equipment, including 
                        those deployed in support of standardized and 
                        automated collection of vehicular travel time; 
                        and
                            (iv) other structures and facilities, 
                        including those owned by municipalities, local 
                        governments, or private entities located at 
                        land ports of entry;
                    (B) 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
                    (C) constructing additional ports of entry along 
                the Southern border and the Northern border.
            (2) Prioritization.--In selecting improvements under this 
        section, the Commissioner, in coordination with the 
        Administrator shall give priority consideration to projects 
        that will substantially--
                    (A) reduce commercial and passenger vehicle and 
                pedestrian crossing wait times at 1 or more ports of 
                entry on the same border;
                    (B) increase trade, travel efficiency, and the 
                projected total annual volume at 1 or more ports of 
                entry on the same border; and
                    (C) enhance safety and security at border 
                facilities at 1 or more ports of entry on the same 
                border.
    (f) Consultation.--
            (1) Locations for new ports of entry.--The Secretary shall 
        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, as appropriate--
                    (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.
    (g) 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.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, for each of the fiscal years 
2015 through 2020, $1,000,000,000, of which $5,000,000 shall be used 
for grants authorized under subsection (d).
    (i) 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 (h).
            (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.--Consistent with section 559 of the 
Department of Homeland Security Appropriations Act, 2014 (6 U.S.C. 211 
note), during the 10-year period beginning on the date of the enactment 
of this Act, the Commissioner and the Administrator, for purposes of 
facilitating the construction, alteration, operation, or maintenance of 
a new or existing facility or other infrastructure at a port of entry 
under the jurisdiction, custody, and control of the Commissioner or 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) Allowable Uses of Agreements.--The Commissioner and the 
Administrator may--
            (1) use agreements authorized under subsection (a) for 
        activities related to an existing or new port of entry, 
        including expenses relating to--
                    (A) land acquisition, design, construction, repair, 
                or alternation;
                    (B) furniture, fixtures, or equipment;
                    (C) the deployment of technology or equipment; and
                    (D) operations and maintenance; or
            (2) transfer such property or services between the 
        Commissioner and the Administrator for activities described in 
        paragraph (1) relating to a new or existing port of entry under 
        the jurisdiction, custody, and control of the relevant agency, 
        subject to chapter 33 of title 40, United States Code.
    (c) Savings Provision.--Nothing in this section may be construed to 
alter or change agreements or authorities authorized under section 559 
of the Department of Homeland Security Appropriations Act, 2014 
(division F of Public Law 113-76; 6 U.S.C. 211 note) and in place as of 
the date of enactment of this Act
    (d) Evaluation Procedures.--
            (1) In general.--
                    (A) Requirement for procedures.--The Commissioner, 
                in consultation with the Administrator and consistent 
                with section 559 of the Department of Homeland Security 
                Appropriations Act, 2014 (6 U.S.C. 211 note), shall 
                issue procedures for evaluating a proposal submitted by 
                a person for an agreement authorized under subsection 
                (a).
                    (B) Availability.--The procedures required under 
                subparagraph (A) shall be made available to the public 
                through a website of the Department of Homeland 
                Security.
            (2) Specification.--Proposals for agreements or donations 
        referred to in subsection (a) may specify--
                    (A) the land port of entry facility or facilities 
                in support of which the agreement is entered into; and
                    (B) the time frame in which the contributed 
                property or nonpersonal services shall be used.
            (3) Supplemental funding.--Any property (including monetary 
        donations) or nonpersonal services donated pursuant to 
        subsection (a)(2) may be used in addition to any other funds, 
        including appropriated funds, property, or services made 
        available for the same purpose.
            (4) Return of donation.--
                    (A) Requirement for return.--If the Commissioner or 
                the Administrator does not use the property or services 
                donated pursuant to subsection (a)(2) for the specific 
                facility or facilities designated by the person or 
                within the time frame specified by the person, such 
                donated property or services shall be returned to the 
                person that made the donation.
                    (B) Prohibition on interest.--No interest may be 
                owed on any donation returned to a person under 
                subparagraph (A).
            (5) 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 Commissioner or 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.
    (e) Annual Report and Notice to Congress.--The Commissioner, in 
collaboration with the Administrator, shall--
            (1) submit an annual report to the relevant committees of 
        Congress describing agreements entered into pursuant to 
        subsection (a); and
            (2) not later than 3 days before entering into an agreement 
        under subsection (a) with a person, notify the members of 
        Congress that represent the State and district in which the 
        facility is located.

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) current wait time collection practices at each 
                land port of entry, which shall also be made available 
                through 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.
            (3) Updates for collection methods.--The Secretary shall 
        update the strategic plan required under paragraph (1) to 
        reflect new practices, timelines, tools, and assessments, as 
        appropriate.
    (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 not fewer than 2 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 should 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) Agency efficiencies.--The Secretary shall not adopt 
        performance measures that--
                    (A) solely address U.S. Customs and Border 
                Protection resource efficiency; or
                    (B) fail to adequately--
                            (i) gauge the impact of programs or 
                        initiatives on trade facilitation goals; or
                            (ii) measure benefits to stakeholders.
            (4) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary shall submit a report to 
        the relevant committees of Congress 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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