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 to provide recruitment and retention incentives for United States Customs and Border Protection officers who serve on the Southern Border.

Summary: Emergency Port of Entry Personnel and Infrastructure Funding Act of 2009 - Amends the Department of Homeland Security Appropriations Act, 2010 to allocate certain FY2010 appropriations to the U.S. Customs and Border Protection (CBP) to pay the salaries and related compensation for an additional 250 CBP officers and 25 associated support personnel who shall be devoted to new inspection lanes at new land ports of entry along the Southern border between the United States and Mexico.

Directs the Secretary of Homeland Security (DHS) to hire, train, and assign to duty, by the end of FY2013, an additional: (1) 2,500 full-time CBP officers to serve on all inspection lanes and enforcement teams at U.S. lands ports of entry on the Northern border between the United States and Canada and the same number of CBP officers for the same purposes on the Southern border; and (2) 350 full-time support staff for all U.S. ports of entry.

Directs the Secretary to report to specified congressional committees on DHS plans for placing sufficient CBP officers on outbound inspections and agriculture specialists at all Southern border land ports of entry, respectively.

Authorizes the Secretary to make incentive payments of $5,000 to $10,000, during FY2010-FY2015, to recruit and retain qualified CBP port of entry officers.

Directs the Secretary to: (1) equip each CBP officer with a secure two-way communication and satellite-enabled device that allows communication between ports of entry and inspection stations, and with federal, state, local, and tribal law enforcement entities; and (2) establish a grant program for the purchase of detection equipment at land ports of entry and mobile, hand-held, two-way communication and biometric devices for state and local law enforcement officers along the Southern border.

Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to allocate certain construction funds for infrastructure improvements, expansion, and new construction (or reimbursement for new construction costs incurred during FY2007-FY2009) of high-volume ports of entry in Texas, regardless of port ownership.

Grants the CBP additional authority for port of entry construction along the Northern and Southern U.S. borders.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Port of Entry Personnel 
and Infrastructure Funding Act of 2009''.

SEC. 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.

SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Staff Enhancements.--
            (1) Revisions to fiscal year allocations and funding.--
        Title II of the Department of Homeland Security Appropriations 
        Act, 2010 (Public Law 111-83), is amended by inserting 
        ``Provided further, That of the total amount provided, 
        $40,000,000 shall be used to pay the salaries and related 
        compensation for 250 additional Customs and Border Protection 
        officers and 25 associated support staff personnel, who shall 
        be devoted to new inspection lanes at new land ports of entry 
        on the Southwest border'' before the period at the end of the 
        first paragraph.
            (2) New personnel.--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 hire, train, and assign to duty, not later than September 
        30, 2013--
                    (A) 2,500 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;
                    (B) 2,500 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 
                Southern border; and
                    (C) 350 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) Report 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 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.
    (d) Retention Incentives and Salaries.--
            (1) In general.--The Secretary of Homeland Security shall 
        ensure that the requirements under this subsection are met.
            (2) Recruitment and retention payments.--The Secretary may 
        make incentive payments of $5,000 to $10,000, during the 6-year 
        period beginning on October 1, 2009, to the extent necessary to 
        recruit and retain qualified United States Customs and Border 
        Protection port of entry officers.
            (3) Special rules for incentive payments.--
                    (A) Recruitment incentives.--Each recruitment 
                incentive payment made under this subsection shall be 
                paid to each new employee, in a lump sum, after the 
                employee has entered on duty and completed 6 months of 
                service.
                    (B) Retention incentives.--Each retention incentive 
                payment--
                            (i) shall be paid to an employee, in a lump 
                        sum, at the end of the fiscal year in which the 
                        qualified employee is selected by the 
                        Secretary, or a delegate of the Secretary, for 
                        receipt of such payment;
                            (ii) shall not be limited solely to work 
                        performance, but may be based on criteria such 
                        as--
                                    (I) comparative salaries for law 
                                enforcement officers in other Federal 
                                agencies;
                                    (II) costs for replacement and 
                                training of a new employee; and
                                    (III) volume of work at the port of 
                                entry;
                            (iii) shall be contingent upon the selected 
                        employee signing an agreement, under penalty of 
                        perjury, to remain in Federal service as a 
                        United States Customs and Border Protection 
                        officer serving at a land port of entry for at 
                        least 3 years; and
                            (iv) shall be subject to reimbursement if 
                        the employee fails to complete the required 3 
                        years of Federal service due to voluntary or 
                        involuntary separation from service.
                    (C) Limitations.--
                            (i) Fiscal year 2010.--In fiscal year 2010, 
                        the Secretary may not make more than 1,500 
                        incentives payments under this subsection.
                            (ii) Fiscal year 2011 through 2015.--In 
                        each of the fiscal years 2011 through 2015, the 
                        Secretary may not make more than 500 incentive 
                        payments under this subsection.
                            (iii) Eligibility.--Any individual 
                        receiving an incentive payment in a given 
                        fiscal year shall not be eligible to receive 
                        another incentive payment until the individual 
                        completes at least 2 years of service with the 
                        Department of Homeland Security after receiving 
                        the payment.

SEC. 4. SECURE COMMUNICATION; EQUIPMENT; AND GRANTS 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 such 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.

SEC. 5. INFRASTRUCTURE IMPROVEMENTS AND EXPANSION OF TEXAS LAND PORTS 
              OF ENTRY.

    (a) Amendments to American Recovery and Reinvestment Act of 2009.--
Title VI of the American Recovery and Reinvestment Act of 2009 (Public 
Law 111-5), under the heading entitled ``Construction'' is amended--
            (1) by striking ``U.S. Customs and Border Protection 
        owned''; and
            (2) by inserting ``Provided further, That $100,000,000 
        shall be used for infrastructure improvements, expansion, and 
        new construction (or reimbursement for new construction costs 
        incurred during fiscal years 2007 through 2009) of high-volume 
        ports of entry in Texas, regardless of port ownership'' before 
        the period at the end.
    (b) Effective Date.--The amendments made under subsection (a) shall 
take effect as if included in the American Recovery and Reinvestment 
Act of 2009, as of the date of the enactment of such Act.

SEC. 6. ADDITIONAL AUTHORITIES FOR PORT OF ENTRY CONSTRUCTION.

    (a) In General.--In order to aid in the enforcement of Federal 
customs, immigration, and agriculture laws, the Customs and Border 
Protection Commissioner 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 to--
                    (A) determine locations for new ports of entry; and
                    (B) 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 to--
                    (A) create any right or liability of the parties 
                described in paragraph (1);
                    (B) affect the legality and validity of any 
                determination under this Act by the Secretary; or
                    (C) affect any consultation requirement under any 
                other law.

SEC. 7. 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.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated, to carry out this Act 
during the 6-year period beginning on October 1, 2009, $6,000,000,000, 
of which--
            (1) $55,000,000 shall be used for incentive payments 
        authorized under section 3(d); and
            (2) $30,000,000 shall be used for Border Area Security 
        Grants authorized under section 4(b).