II 

113TH CONGRESS 

1ST SESSION S. 1812 

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

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12 (legislative day, DECEMBER 11), 2013 

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. 

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 2013’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the General 

11 Services Administration. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 1812 IS

1 (2) COMMISSIONER.—The term ‘‘Commis2 sioner’’ means the Commissioner of U.S. Customs 

3 and Border Protection. 

4 (3) NORTHERN BORDER.—The term ‘‘Northern 

5 border’’ means the international border between the 

6 United States and Canada. 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Homeland Security. 

9 (5) SOUTHERN BORDER.—The term ‘‘Southern 

10 border’’ means the international border between the 

11 United States and Mexico. 

12 SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION PER13 SONNEL. 

14 (a) STAFF ENHANCEMENTS.— 

15 (1) AUTHORIZATION.—In addition to positions 

16 authorized before the date of the enactment of this 

17 Act and any existing officer vacancies within U.S. 

18 Customs and Border Protection on such date, the 

19 Secretary, subject to the availability of appropria20 tions for such purpose, shall hire, train, and assign 

21 to duty, by not later than September 30, 2019— 

22 (A) 5,000 full-time U.S. Customs and Bor23 der Protection officers to serve on all inspection 

24 lanes (primary, secondary, incoming, and out25 going) and enforcement teams at United States 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 1812 IS

1 land ports of entry on the Northern border and 

2 the Southern border; and 

3 (B) 350 full-time support staff for all 

4 United States ports of entry. 

5 (2) WAIVER OF FTE LIMITATION.—The Sec6 retary may waive any limitation on the number of 

7 full-time equivalent personnel assigned to the De8 partment of Homeland Security in order to carry 

9 out paragraph (1). 

10 (b) REPORTS TO CONGRESS.— 

11 (1) OUTBOUND INSPECTIONS.—Not later than 

12 90 days after the date of the enactment of this Act, 

13 the Secretary shall submit a report containing the 

14 Department of Homeland Security’s plans for ensur15 ing the placement of sufficient U.S. Customs and 

16 Border Protection officers on outbound inspections, 

17 and adequate outbound infrastructure, at all South18 ern border land ports of entry to— 

19 (A) the Committee on the Judiciary of the 

20 Senate; 

21 (B) the Committee on the Judiciary of the 

22 House of Representatives; 

23 (C) the Committee on Homeland Security 

24 and Governmental Affairs of the Senate; and 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•S 1812 IS

1 (D) the Committee on Homeland Security 

2 of the House of Representatives. 

3 (2) SUFFICIENT AGRICULTURAL SPECIALISTS

4 AND PERSONNEL.—Not later than 90 days after the 

5 date of the enactment of this Act, the Secretary, in 

6 consultation with the Secretary of Agriculture and 

7 the Secretary of Health and Human Services, shall 

8 submit a report to the committees set forth in para9 graph (1) that contains each department’s plans for 

10 ensuring the placement of sufficient U.S. Customs 

11 and Border Protection agriculture specialists, Ani12 mal and Plant Health Inspection Service ento13 mologist identifier specialists, Food and Drug Ad14 ministration consumer safety officers, and other rel15 evant and related personnel at all Southern border 

16 land ports of entry. 

17 (3) ANNUAL IMPLEMENTATION REPORT.—Not 

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

19 this Act, and annually thereafter, the Secretary shall 

20 submit a report to the committees set forth in para21 graph (1) that— 

22 (A) details the Department of Homeland 

23 Security’s implementation plan for the staff en24 hancements required under subsection 

25 (a)(1)(A); 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•S 1812 IS

1 (B) includes the number of additional per2 sonnel assigned to duty at land ports of entry, 

3 classified by location; 

4 (C) describes the methodology used to de5 termine the distribution of additional personnel 

6 to address northbound and southbound cross7 border inspections; and 

8 (D) includes— 

9 (i) the strategic plan required under 

10 section 5(a)(1); 

11 (ii) the model required under section 

12 5(b), including the underlying assump13 tions, factors, and concerns that guide the 

14 decisionmaking and allocation process; and 

15 (iii) the new outcome-based perform16 ance measures adopted under section 

17 5(c)(1). 

18 (c) SECURE COMMUNICATION.—The Secretary shall 

19 ensure that each U.S. Customs and Border Protection of20 ficer is equipped with a secure 2-way communication and 

21 satellite-enabled device, supported by system interoper22 ability, that allows U.S. Customs and Border Protection 

23 officers to communicate— 

24 (1) between ports of entry and inspection sta25 tions; and 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•S 1812 IS

1 (2) with other Federal, State, tribal, and local 

2 law enforcement entities. 

3 (d) BORDER AREA SECURITY INITIATIVE GRANT

4 PROGRAM.—The Secretary shall establish a program for 

5 awarding grants for the purchase of— 

6 (1) identification and detection equipment; and 

7 (2) mobile, hand-held, 2-way communication de8 vices for State and local law enforcement officers 

9 serving on the Southern border. 

10 (e) PORT OF ENTRY INFRASTRUCTURE IMPROVE11 MENTS.—The Commissioner may aid in the enforcement 

12 of Federal customs, immigration, and agriculture laws 

13 by— 

14 (1) designing, constructing, and modifying— 

15 (A) United States ports of entry; 

16 (B) living quarters for officers, agents, and 

17 personnel; 

18 (C) technology and equipment, including 

19 those deployed in support of standardized and 

20 automated collection of vehicular travel time; 

21 and 

22 (D) other structures and facilities, includ23 ing those owned by municipalities, local govern24 ments, or private entities located at land ports 

25 of entry; 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•S 1812 IS

1 (2) acquiring, by purchase, donation, exchange, 

2 or otherwise, land or any interest in land determined 

3 to be necessary to carry out the Commissioner’s du4 ties under this section; and 

5 (3) constructing additional ports of entry along 

6 the Southern border and the Northern border. 

7 (f) PRIORITIZATION.—In selecting improvements 

8 under subsection (e), the Commissioner, in coordination 

9 with the Administrator shall give priority consideration to 

10 projects that will substantially— 

11 (1) reduce commercial and passenger vehicle 

12 and pedestrian crossing wait times at one or more 

13 ports of entry on the same border; 

14 (2) increase trade, travel efficiency, and the 

15 projected total annual volume at one or more ports 

16 of entry on the same border; and 

17 (3) enhance safety and security at border facili18 ties at one or more ports of entry on the same bor19 der. 

20 (g) CONSULTATION.— 

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

22 The Secretary is encouraged to consult with the Sec23 retary of the Interior, the Secretary of Agriculture, 

24 the Secretary of State, the International Boundary 

25 and Water Commission, the International Joint 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•S 1812 IS

1 Commission, and appropriate representatives of 

2 States, Indian tribes, local governments, and prop3 erty owners— 

4 (A) to determine locations for new ports of 

5 entry; and 

6 (B) to minimize adverse impacts from such 

7 ports on the environment, historic and cultural 

8 resources, commerce, and the quality of life of 

9 the communities and residents located near 

10 such ports. 

11 (2) SAVINGS PROVISION.—Nothing in this sub12 section may be construed— 

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

14 parties described in paragraph (1); 

15 (B) to affect the legality or validity of any 

16 determination by the Secretary under this Act; 

17 or 

18 (C) to affect any consultation requirement 

19 under any other law. 

20 (h) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not21 withstanding any other provision of law, if the Secretary 

22 determines that the acquisition of a leasehold interest in 

23 real property and the construction or modification of any 

24 facility on the leased property are necessary to facilitate 

25 the implementation of this Act, the Secretary may— 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•S 1812 IS

1 (1) acquire such leasehold interest; and 

2 (2) construct or modify such facility. 

3 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section, 

5 for each of the fiscal years 2014 through 2019, 

6 $1,000,000,000, of which $5,000,000 shall be used for 

7 grants authorized under subsection (d). 

8 (j) OFFSET, RESCISSION OF UNOBLIGATED FED9 ERAL FUNDS.— 

10 (1) IN GENERAL.—There is hereby rescinded, 

11 from appropriated discretionary funds that remain 

12 available for obligation on the date of the enactment 

13 of this Act (other than the unobligated funds re14 ferred to in paragraph (4)), amounts determined by 

15 the Director of the Office of Management and Budg16 et that are equal, in the aggregate, to the amount 

17 authorized to be appropriated under subsection (i). 

18 (2) IMPLEMENTATION.—The Director of the 

19 Office of Management and Budget shall determine 

20 and identify— 

21 (A) the appropriation accounts from which 

22 the rescission under paragraph (1) shall apply; 

23 and 

24 (B) the amount of the rescission that shall 

25 be applied to each such account. 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•S 1812 IS

1 (3) REPORT.—Not later than 60 days after the 

2 date of the enactment of this Act, the Director of 

3 the Office of Management and Budget shall submit 

4 a report to Congress and to the Secretary of the 

5 Treasury that describes the accounts and amounts 

6 determined and identified under paragraph (2) for 

7 rescission under paragraph (1). 

8 (4) EXCEPTIONS.—This subsection shall not 

9 apply to unobligated funds of— 

10 (A) the Department of Defense; 

11 (B) the Department of Veterans Affairs; or 

12 (C) the Department of Homeland Security. 

13 SEC. 4. CROSS-BORDER TRADE ENHANCEMENT. 

14 (a) AGREEMENTS AUTHORIZED.—For purposes of 

15 facilitating the construction, alteration, operation, or 

16 maintenance of a new or existing facility or other infra17 structure at a port of entry, the Administrator may— 

18 (1) enter into cost-sharing or reimbursement 

19 agreements; or 

20 (2) accept donations of— 

21 (A) real or personal property (including 

22 monetary donations); or 

23 (B) nonpersonal services. 

24 (b) EVALUATION PROCEDURES.— 


smartinez on DSK6TPTVN1PROD with BILLS
11 

•S 1812 IS

1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Ad3 ministrator, in consultation with the Secretary, shall 

4 establish procedures for evaluating a proposal sub5 mitted by any person under subsection (a)— 

6 (A) to enter into a cost-sharing or reim7 bursement agreement with the General Services 

8 Administration to facilitate the construction, al9 teration, operation, or maintenance of a new or 

10 existing facility or other infrastructure at a 

11 land border port of entry; or 

12 (B) to provide the Administration with a 

13 donation of real or personal property (including 

14 monetary donations) or nonpersonal services to 

15 be used in the construction, alteration, oper16 ation, or maintenance of a facility or other in17 frastructure at a land border port of entry 

18 under the control of the Administration. 

19 (2) SPECIFICATION.—Donations made under 

20 paragraph (1)(B) may specify— 

21 (A) the land port of entry facility or facili22 ties in support of which the donation is being 

23 made; and 

24 (B) the time frame in which the donated 

25 property or services shall be used. 


smartinez on DSK6TPTVN1PROD with BILLS
12 

•S 1812 IS

1 (3) RETURN OF DONATION.—If the Adminis2 trator does not use the property or services donated 

3 pursuant to paragraph (1)(B) for the specific facility 

4 or facilities designated pursuant to paragraph (2)(A) 

5 or within the time frame specified pursuant to para6 graph (2)(B), such donated property or services 

7 shall be returned to the person that made the dona8 tion. 

9 (4) DETERMINATION AND NOTIFICATION.— 

10 (A) IN GENERAL.—Not later than 90 days 

11 after receiving a proposal pursuant to sub12 section (a) with respect to the construction or 

13 maintenance of a facility or other infrastructure 

14 at a land border port of entry, the Adminis15 trator shall— 

16 (i) make a determination with respect 

17 to whether or not to approve the proposal; 

18 and 

19 (ii) notify the person that submitted 

20 the proposal of— 

21 (I) the determination; and 

22 (II) if the Administrator did not 

23 approve the proposal, the reasons for 

24 such disapproval. 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•S 1812 IS

1 (B) CONSIDERATIONS.—In determining 

2 whether or not to approve a proposal under this 

3 subsection, the Administrator shall consider— 

4 (i) the impact of the proposal on re5 ducing wait times at that port of entry and 

6 other ports of entry on the same border; 

7 (ii) the potential of the proposal to in8 crease trade and travel efficiency through 

9 added capacity; and 

10 (iii) the potential of the proposal to 

11 enhance the security of the port of entry. 

12 (c) DELEGATION.—For facilities at which the Admin13 istrator has delegated or transferred to the Secretary, op14 erations, ownership, or other authorities over land border 

15 ports of entry, the authorities and requirements of the Ad16 ministrator under this section shall be deemed to apply 

17 to the Secretary. 

18 SEC. 5. IMPLEMENTATION OF GOVERNMENT ACCOUNT19 ABILITY OFFICE FINDINGS. 

20 (a) BORDER WAIT TIME DATA COLLECTION.— 

21 (1) STRATEGIC PLAN.—The Secretary, in con22 sultation with the Commissioner, the Administrator 

23 of the Federal Highway Administration, State De24 partments of Transportation, and other public and 

25 private stakeholders, shall develop a strategic plan 


smartinez on DSK6TPTVN1PROD with BILLS
14 

•S 1812 IS

1 for standardized collection of vehicle wait times at 

2 land ports of entry. 

3 (2) ELEMENTS.—The strategic plan required 

4 under paragraph (1) shall include— 

5 (A) a description of how U.S. Customs and 

6 Border Protection will ensure standardized 

7 manual wait time collection practices at ports of 

8 entry; 

9 (B) a timeline for incorporating standard10 ized data into existing online platforms for pub11 lic reporting; 

12 (C) the identification of a standardized 

13 measurement and validation wait time data tool 

14 for use at all land ports of entry; and 

15 (D) an assessment of the feasibility and 

16 cost for supplementing and replacing manual 

17 data collection with automation, which should 

18 utilize existing automation efforts and re19 sources. 

20 (b) STAFF ALLOCATION.—The Secretary, in con21 sultation with the Commissioner and State, municipal, and 

22 private sector stakeholders at each port of entry, shall de23 velop a standardized model for the allocation of U.S. Cus24 toms and Border Protection officers and support staff at 


smartinez on DSK6TPTVN1PROD with BILLS
15 

•S 1812 IS

1 land ports of entry, including allocations specific to field 

2 offices and the port level that utilizes— 

3 (1) current and future operational priorities 

4 and threats; 

5 (2) historical staffing levels and patterns; and 

6 (3) anticipated traffic flows. 

7 (c) OUTCOME-BASED PERFORMANCE MEASURES.— 

8 (1) IN GENERAL.—The Secretary, in consulta9 tion with the Commissioner and relevant public and 

10 private sector stakeholders, shall identify and adopt 

11 new outcome-based performance measures that sup12 port the trade facilitation goals of U.S. Customs and 

13 Border Protection. 

14 (2) EFFECT OF TRUSTED TRAVELER AND SHIP15 PER PROGRAMS.—Outcome-based performance meas16 ures identified under this subsection may include— 

17 (A) the extent to which trusted traveler 

18 and shipper program participants experience 

19 decreased annual percentage wait time com20 pared to nonparticipants; and 

21 (B) the extent to which trusted traveler 

22 and shipper program participants experience an 

23 annual reduction in percentage of referrals to 

24 secondary inspection facilities compared to non25 participants. 


smartinez on DSK6TPTVN1PROD with BILLS
16 

•S 1812 IS

1 (3) REPORT.—Not later than 90 days after the 

2 date of the enactment of this Act, the Secretary 

3 shall submit a report to the committees set forth in 

4 section 3(b)(1) that identifies— 

5 (A) the new performance measures devel6 oped under this subsection; and 

7 (B) the process for the incorporation of 

8 such measures into existing performance meas9 ures. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS