II 

112TH CONGRESS 

1ST SESSION S. 1604 

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 for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2011 

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 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 for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Port of 

5 Entry Personnel and Infrastructure Funding Act of 

6 2011’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) NORTHERN BORDER.—The term ‘‘Northern 

2 border’’ means the international border between the 

3 United States and Canada. 

4 (2) SOUTHERN BORDER.—The term ‘‘Southern 

5 border’’ means the international border between the 

6 United States and Mexico. 

7 SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL. 

8 (a) STAFF ENHANCEMENTS.—In addition to posi9 tions authorized before the date of the enactment of this 

10 Act and any existing officer vacancies within United 

11 States Customs and Border Protection on such date, the 

12 Secretary of Homeland Security shall, subject to the avail13 ability of appropriations for such purpose, hire, train, and 

14 assign to duty, by not later than September 30, 2016, the 

15 following: 

16 (1) Five thousand full-time Customs and Bor17 der Protection officers to serve on all inspection 

18 lanes (primary, secondary, incoming, and outgoing) 

19 and enforcement teams at United States land ports 

20 of entry on the Northern border and the Southern 

21 border. 

22 (2) Three hundred fifty full-time support staff 

23 for all United States ports of entry. 

24 (b) WAIVER OF FTE LIMITATION.—The Secretary of 

25 Homeland Security may waive any limitation on the numVerDate Mar 15 2010 03:41 Sep 24, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1604.IS S1604

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1 ber of full-time equivalent personnel assigned to the De2 partment of Homeland Security in order to fulfill the re3 quirements under subsection (a). 

4 (c) REPORTS TO CONGRESS.— 

5 (1) OUTBOUND INSPECTIONS.—Not later than 

6 90 days after the date of the enactment of this Act, 

7 the Secretary of Homeland Security shall submit a 

8 report containing the Department of Homeland Se9 curity’s plans for ensuring the placement of suffi10 cient United States Customs and Border Protection 

11 officers on outbound inspections, and adequate out12 bound infrastructure, at all Southern border land 

13 ports of entry to— 

14 (A) the Committee on the Judiciary of the 

15 Senate; 

16 (B) the Committee on the Judiciary of the 

17 House of Representatives; 

18 (C) the Committee on Homeland Security 

19 and Governmental Affairs of the Senate; and 

20 (D) the Committee on Homeland Security 

21 of the House of Representatives. 

22 (2) AGRICULTURAL SPECIALISTS.—Not later 

23 than 90 days after the date of the enactment of this 

24 Act, the Secretary of Homeland Security, in con25 sultation with the Secretary of Agriculture, shall 


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1 submit a report to the committees set forth in para2 graph (1) that contains plans for ensuring the place3 ment of sufficient agriculture specialists at all 

4 Southern border land ports of entry. 

5 (3) ANNUAL IMPLEMENTATION REPORT.—Not 

6 later than 1 year after the date of the enactment of 

7 this Act, and annually thereafter, the Secretary of 

8 Homeland Security shall submit a report to the com9 mittees set forth in paragraph (1) that— 

10 (A) details the Department of Homeland 

11 Security’s implementation plan for staff en12 hancements required under subsection (a)(1); 

13 (B) includes the number of additional per14 sonnel assigned to duty at land ports of entry 

15 by location; and 

16 (C) describes the methodology used to de17 termine the distribution of additional personnel 

18 to address northbound and southbound cross19 border inspections. 

20 SEC. 4. SECURE COMMUNICATIONS AND DETECTION 

21 EQUIPMENT FOR BORDER PERSONNEL. 

22 (a) SECURE COMMUNICATION.—The Secretary of 

23 Homeland Security shall ensure that each United States 

24 Customs and Border Protection officer is equipped with 

25 a secure 2-way communication and satellite-enabled deVerDate Mar 15 2010 03:10 Sep 24, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1604.IS S1604

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1 vice, supported by system interoperability, that allows 

2 United States Customs and Border Protection officers to 

3 communicate between ports of entry and inspection sta4 tions, and with other Federal, State, local, and tribal law 

5 enforcement entities. 

6 (b) BORDER AREA SECURITY INITIATIVE GRANT

7 PROGRAM.—The Secretary of Homeland Security shall es8 tablish a program for awarding grants for the purchase 

9 of detection equipment at land ports of entry and mobile, 

10 hand-held, 2-way communication and biometric devices for 

11 State and local law enforcement officers serving on the 

12 Southern border. 

13 SEC. 5. INFRASTRUCTURE IMPROVEMENTS AND EXPAN14 SION OF LAND PORTS OF ENTRY. 

15 (a) IN GENERAL.—In order to aid in the enforcement 

16 of Federal customs, immigration, and agriculture laws, the 

17 Commissioner of U.S. Customs and Border Protection 

18 may— 

19 (1) design, construct, and modify land ports of 

20 entry and other structures and facilities, including 

21 living quarters for officers, agents, and personnel; 

22 (2) acquire, by purchase, donation, exchange or 

23 otherwise, land or any interest in land determined to 

24 be necessary to carry out the Commissioner’s duties 

25 under this section; and 


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1 (3) construct additional ports of entry along the 

2 Southern border and the Northern border. 

3 (b) CONSULTATION.— 

4 (1) LOCATIONS FOR NEW PORTS OF ENTRY.— 

5 The Secretary of Homeland Security is encouraged 

6 to consult with the Secretary of the Interior, the 

7 Secretary of Agriculture, the Secretary of State, the 

8 International Boundary and Water Commission, the 

9 International Joint Commission, and appropriate 

10 representatives of States, local governments, Indian 

11 tribes, and property owners— 

12 (A) to determine locations for new ports of 

13 entry; and 

14 (B) to minimize adverse impacts from such 

15 ports on the environment, historic and cultural 

16 resources, commerce, and quality of life for the 

17 communities and residents located near such 

18 ports. 

19 (2) SAVINGS PROVISION.—Nothing in this sub20 section may be construed— 

21 (A) to create any right or liability of the 

22 parties described in paragraph (1); 

23 (B) to affect the legality and validity of 

24 any determination under this Act by the Sec25 retary; or 


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1 (C) to affect any consultation requirement 

2 under any other law. 

3 SEC. 6. AUTHORITY TO ACQUIRE LEASEHOLDS. 

4 Notwithstanding any other provision of law, the Sec5 retary of Homeland Security may acquire a leasehold in6 terest in real property, and may construct or modify any 

7 facility on the leased property, if the Secretary determines 

8 that the acquisition of such interest, and such construction 

9 or modification, are necessary to facilitate the implementa10 tion of this Act. 

11 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

12 There is authorized to be appropriated 

13 $6,000,000,000 to carry out this Act during the 6-year 

14 period beginning on October 1, 2011, of which 

15 $30,000,000 shall be used for grants authorized under 

16 section 4(b). 

17 SEC. 8. RESCISSION OF UNOBLIGATED FEDERAL FUNDS. 

18 (a) IN GENERAL.—There is hereby rescinded, from 

19 appropriated discretionary funds that remain available for 

20 obligation as of the date of the enactment of this Act 

21 (other than the unobligated funds covered by subsection 

22 (d)), amounts determined by the Director of the Office 

23 of Management and Budget such that the aggregate 

24 amount of the rescission equals the amount authorized to 

25 be appropriated under section 7. 


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1 (b) IMPLEMENTATION.—The Director of the Office of 

2 Management and Budget shall determine and identify— 

3 (1) the appropriation accounts from which the 

4 rescission under subsection (a) shall apply; and 

5 (2) the amount of the rescission that shall be 

6 applied to each such account. 

7 (c) REPORT.—Not later than 60 days after the date 

8 of the enactment of this Act, the Director of the Office 

9 of Management and Budget shall submit to Congress and 

10 the Secretary of the Treasury a report that describes the 

11 accounts and amounts determined and identified under 

12 subsection (b) for rescission under subsection (a). 

13 (d) EXCEPTIONS.—This section shall not apply to un14 obligated funds of— 

15 (1) the Department of Defense; 

16 (2) the Department of Veterans Affairs; or 

17 (3) the Department of Homeland Security. 

Æ 


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