[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 883 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 883
To provide emergency funding for port of entry personnel and
infrastructure, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2015
Mr. O'Rourke (for himself and Mr. Cuellar) introduced the following
bill; which was referred to the Committee on Homeland Security, and in
addition to the Committees on Ways and Means, Appropriations, and
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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 timeframe 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 timeframe 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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