[Congressional Record Volume 161, Number 23 (Wednesday, February 11, 2015)]
[Senate]
[Pages S929-S931]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN:
  S. 458. A bill to provide emergency funding for port of entry 
personnel and infrastructure, and for other purposes; to the Committee 
on Homeland Security and Governmental Affairs.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 458

       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.

[[Page S930]]

       (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

[[Page S931]]

       (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.
                                 ______