I 

113TH CONGRESS 

1ST SESSION H. R. 3753 

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

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2013 

Mr. O’ROURKE (for himself, Mr. VELA, Mr. CUELLAR, Mr. GALLEGO, Mr. 

MICHAUD, and Mr. BARBER) 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. 

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: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the General 

3 Services Administration. 

4 (2) COMMISSIONER.—The term ‘‘Commis5 sioner’’ means the Commissioner of U.S. Customs 

6 and Border Protection. 

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

8 border’’ means the international border between the 

9 United States and Canada. 

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

11 the Secretary of Homeland Security. 

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

13 border’’ means the international border between the 

14 United States and Mexico. 

15 SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION PER16 SONNEL. 

17 (a) STAFF ENHANCEMENTS.— 

18 (1) AUTHORIZATION.—In addition to positions 

19 authorized before the date of the enactment of this 

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

21 Customs and Border Protection on such date, the 

22 Secretary, subject to the availability of appropria23 tions for such purpose, shall hire, train, and assign 

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


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1 (A) 5,000 full-time U.S. Customs and Bor2 der Protection officers to serve on all inspection 

3 lanes (primary, secondary, incoming, and out4 going) and enforcement teams at United States 

5 land ports of entry on the Northern border and 

6 the Southern border; and 

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

8 United States ports of entry. 

9 (2) WAIVER OF FTE LIMITATION.—The Sec10 retary may waive any limitation on the number of 

11 full-time equivalent personnel assigned to the De12 partment of Homeland Security in order to carry 

13 out paragraph (1). 

14 (b) REPORTS TO CONGRESS.— 

15 (1) OUTBOUND INSPECTIONS.—Not later than 

16 90 days after the date of the enactment of this Act, 

17 the Secretary shall submit a report containing the 

18 Department of Homeland Security’s plans for ensur19 ing the placement of sufficient U.S. Customs and 

20 Border Protection officers on outbound inspections, 

21 and adequate outbound infrastructure, at all South22 ern border land ports of entry to— 

23 (A) the Committee on the Judiciary of the 

24 Senate; 


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1 (B) the Committee on the Judiciary of the 

2 House of Representatives; 

3 (C) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; and 

5 (D) the Committee on Homeland Security 

6 of the House of Representatives. 

7 (2) SUFFICIENT AGRICULTURAL SPECIALISTS

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

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

10 consultation with the Secretary of Agriculture and 

11 the Secretary of Health and Human Services, shall 

12 submit a report to the committees set forth in para13 graph (1) that contains each department’s plans for 

14 ensuring the placement of sufficient U.S. Customs 

15 and Border Protection agriculture specialists, Ani16 mal and Plant Health Inspection Service ento17 mologist identifier specialists, Food and Drug Ad18 ministration consumer safety officers, and other rel19 evant and related personnel at all Southern border 

20 land ports of entry. 

21 (3) ANNUAL IMPLEMENTATION REPORT.—Not 

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

23 this Act, and annually thereafter, the Secretary shall 

24 submit a report to the committees set forth in para25 graph (1) that— 


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1 (A) details the Department of Homeland 

2 Security’s implementation plan for the staff en3 hancements required under subsection 

4 (a)(1)(A); 

5 (B) includes the number of additional per6 sonnel assigned to duty at land ports of entry, 

7 classified by location; 

8 (C) describes the methodology used to de9 termine the distribution of additional personnel 

10 to address northbound and southbound cross11 border inspections; and 

12 (D) includes— 

13 (i) the strategic plan required under 

14 section 5(a)(1); 

15 (ii) the model required under section 

16 5(b), including the underlying assump17 tions, factors, and concerns that guide the 

18 decisionmaking and allocation process; and 

19 (iii) the new outcome-based perform20 ance measures adopted under section 

21 5(c)(1). 

22 (c) SECURE COMMUNICATION.—The Secretary shall 

23 ensure that each U.S. Customs and Border Protection of24 ficer is equipped with a secure 2-way communication and 

25 satellite-enabled device, supported by system interoperVerDate Mar 15 2010 02:29 Dec 21, 2013 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3753.IH H3753

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1 ability, that allows U.S. Customs and Border Protection 

2 officers to communicate— 

3 (1) between ports of entry and inspection sta4 tions; and 

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

6 law enforcement entities. 

7 (d) BORDER AREA SECURITY INITIATIVE GRANT

8 PROGRAM.—The Secretary shall establish a program for 

9 awarding grants for the purchase of— 

10 (1) identification and detection equipment; and 

11 (2) mobile, hand-held, 2-way communication de12 vices for State and local law enforcement officers 

13 serving on the Southern border. 

14 (e) PORT OF ENTRY INFRASTRUCTURE IMPROVE15 MENTS.—The Commissioner may aid in the enforcement 

16 of Federal customs, immigration, and agriculture laws 

17 by— 

18 (1) designing, constructing, and modifying— 

19 (A) United States ports of entry; 

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

21 personnel; 

22 (C) technology and equipment, including 

23 those deployed in support of standardized and 

24 automated collection of vehicular travel time; 

25 and 


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1 (D) other structures and facilities, includ2 ing those owned by municipalities, local govern3 ments, or private entities located at land ports 

4 of entry; 

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

6 or otherwise, land or any interest in land determined 

7 to be necessary to carry out the Commissioner’s du8 ties under this section; and 

9 (3) constructing additional ports of entry along 

10 the Southern border and the Northern border. 

11 (f) PRIORITIZATION.—In selecting improvements 

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

13 with the Administrator shall give priority consideration to 

14 projects that will substantially— 

15 (1) reduce commercial and passenger vehicle 

16 and pedestrian crossing wait times at one or more 

17 ports of entry on the same border; 

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

19 projected total annual volume at one or more ports 

20 of entry on the same border; and 

21 (3) enhance safety and security at border facili22 ties at one or more ports of entry on the same bor23 der. 

24 (g) CONSULTATION.— 


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

2 The Secretary is encouraged to consult with the Sec3 retary of the Interior, the Secretary of Agriculture, 

4 the Secretary of State, the International Boundary 

5 and Water Commission, the International Joint 

6 Commission, and appropriate representatives of 

7 States, Indian tribes, local governments, and prop8 erty owners— 

9 (A) to determine locations for new ports of 

10 entry; and 

11 (B) to minimize adverse impacts from such 

12 ports on the environment, historic and cultural 

13 resources, commerce, and the quality of life of 

14 the communities and residents located near 

15 such ports. 

16 (2) SAVINGS PROVISION.—Nothing in this sub17 section may be construed— 

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

19 parties described in paragraph (1); 

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

21 determination by the Secretary under this Act; 

22 or 

23 (C) to affect any consultation requirement 

24 under any other law. 


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1 (h) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not2 withstanding any other provision of law, if the Secretary 

3 determines that the acquisition of a leasehold interest in 

4 real property and the construction or modification of any 

5 facility on the leased property are necessary to facilitate 

6 the implementation of this Act, the Secretary may— 

7 (1) acquire such leasehold interest; and 

8 (2) construct or modify such facility. 

9 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section, 

11 for each of the fiscal years 2014 through 2019, 

12 $1,000,000,000, of which $5,000,000 shall be used for 

13 grants authorized under subsection (d). 

14 (j) OFFSET, RESCISSION OF UNOBLIGATED FED15 ERAL FUNDS.— 

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

17 from appropriated discretionary funds that remain 

18 available for obligation on the date of the enactment 

19 of this Act (other than the unobligated funds re20 ferred to in paragraph (4)), amounts determined by 

21 the Director of the Office of Management and Budg22 et that are equal, in the aggregate, to the amount 

23 authorized to be appropriated under subsection (i). 


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1 (2) IMPLEMENTATION.—The Director of the 

2 Office of Management and Budget shall determine 

3 and identify— 

4 (A) the appropriation accounts from which 

5 the rescission under paragraph (1) shall apply; 

6 and 

7 (B) the amount of the rescission that shall 

8 be applied to each such account. 

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

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

11 the Office of Management and Budget shall submit 

12 a report to Congress and to the Secretary of the 

13 Treasury that describes the accounts and amounts 

14 determined and identified under paragraph (2) for 

15 rescission under paragraph (1). 

16 (4) EXCEPTIONS.—This subsection shall not 

17 apply to unobligated funds of— 

18 (A) the Department of Defense; 

19 (B) the Department of Veterans Affairs; or 

20 (C) the Department of Homeland Security. 

21 SEC. 4. CROSS-BORDER TRADE ENHANCEMENT. 

22 (a) AGREEMENTS AUTHORIZED.—For purposes of 

23 facilitating the construction, alteration, operation, or 

24 maintenance of a new or existing facility or other infra25 structure at a port of entry, the Administrator may— 


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1 (1) enter into cost-sharing or reimbursement 

2 agreements; or 

3 (2) accept donations of— 

4 (A) real or personal property (including 

5 monetary donations); or 

6 (B) nonpersonal services. 

7 (b) EVALUATION PROCEDURES.— 

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

9 after the date of the enactment of this Act, the Ad10 ministrator, in consultation with the Secretary, shall 

11 establish procedures for evaluating a proposal sub12 mitted by any person under subsection (a)— 

13 (A) to enter into a cost-sharing or reim14 bursement agreement with the General Services 

15 Administration to facilitate the construction, al16 teration, operation, or maintenance of a new or 

17 existing facility or other infrastructure at a 

18 land border port of entry; or 

19 (B) to provide the Administration with a 

20 donation of real or personal property (including 

21 monetary donations) or nonpersonal services to 

22 be used in the construction, alteration, oper23 ation, or maintenance of a facility or other in24 frastructure at a land border port of entry 

25 under the control of the Administration. 


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1 (2) SPECIFICATION.—Donations made under 

2 paragraph (1)(B) may specify— 

3 (A) the land port of entry facility or facili4 ties in support of which the donation is being 

5 made; and 

6 (B) the time frame in which the donated 

7 property or services shall be used. 

8 (3) RETURN OF DONATION.—If the Adminis9 trator does not use the property or services donated 

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

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

12 or within the time frame specified pursuant to para13 graph (2)(B), such donated property or services 

14 shall be returned to the person that made the dona15 tion. 

16 (4) DETERMINATION AND NOTIFICATION.— 

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

18 after receiving a proposal pursuant to sub19 section (a) with respect to the construction or 

20 maintenance of a facility or other infrastructure 

21 at a land border port of entry, the Adminis22 trator shall— 

23 (i) make a determination with respect 

24 to whether or not to approve the proposal; 

25 and 


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1 (ii) notify the person that submitted 

2 the proposal of— 

3 (I) the determination; and 

4 (II) if the Administrator did not 

5 approve the proposal, the reasons for 

6 such disapproval. 

7 (B) CONSIDERATIONS.—In determining 

8 whether or not to approve a proposal under this 

9 subsection, the Administrator shall consider— 

10 (i) the impact of the proposal on re11 ducing wait times at that port of entry and 

12 other ports of entry on the same border; 

13 (ii) the potential of the proposal to in14 crease trade and travel efficiency through 

15 added capacity; and 

16 (iii) the potential of the proposal to 

17 enhance the security of the port of entry. 

18 (c) DELEGATION.—For facilities at which the Admin19 istrator has delegated or transferred to the Secretary, op20 erations, ownership, or other authorities over land border 

21 ports of entry, the authorities and requirements of the Ad22 ministrator under this section shall be deemed to apply 

23 to the Secretary. 


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1 SEC. 5. IMPLEMENTATION OF GOVERNMENT ACCOUNT2 ABILITY OFFICE FINDINGS. 

3 (a) BORDER WAIT TIME DATA COLLECTION.— 

4 (1) STRATEGIC PLAN.—The Secretary, in con5 sultation with the Commissioner, the Administrator 

6 of the Federal Highway Administration, State De7 partments of Transportation, and other public and 

8 private stakeholders, shall develop a strategic plan 

9 for standardized collection of vehicle wait times at 

10 land ports of entry. 

11 (2) ELEMENTS.—The strategic plan required 

12 under paragraph (1) shall include— 

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

14 Border Protection will ensure standardized 

15 manual wait time collection practices at ports of 

16 entry; 

17 (B) a timeline for incorporating standard18 ized data into existing online platforms for pub19 lic reporting; 

20 (C) the identification of a standardized 

21 measurement and validation wait time data tool 

22 for use at all land ports of entry; and 

23 (D) an assessment of the feasibility and 

24 cost for supplementing and replacing manual 

25 data collection with automation, which should 


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1 utilize existing automation efforts and re2 sources. 

3 (b) STAFF ALLOCATION.—The Secretary, in con4 sultation with the Commissioner and State, municipal, and 

5 private sector stakeholders at each port of entry, shall de6 velop a standardized model for the allocation of U.S. Cus7 toms and Border Protection officers and support staff at 

8 land ports of entry, including allocations specific to field 

9 offices and the port level that utilizes— 

10 (1) current and future operational priorities 

11 and threats; 

12 (2) historical staffing levels and patterns; and 

13 (3) anticipated traffic flows. 

14 (c) OUTCOME-BASED PERFORMANCE MEASURES.— 

15 (1) IN GENERAL.—The Secretary, in consulta16 tion with the Commissioner and relevant public and 

17 private sector stakeholders, shall identify and adopt 

18 new outcome-based performance measures that sup19 port the trade facilitation goals of U.S. Customs and 

20 Border Protection. 

21 (2) EFFECT OF TRUSTED TRAVELER AND SHIP22 PER PROGRAMS.—Outcome-based performance meas23 ures identified under this subsection may include— 

24 (A) the extent to which trusted traveler 

25 and shipper program participants experience 


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1 decreased annual percentage wait time com2 pared to nonparticipants; and 

3 (B) the extent to which trusted traveler 

4 and shipper program participants experience an 

5 annual reduction in percentage of referrals to 

6 secondary inspection facilities compared to non7 participants. 

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

9 date of the enactment of this Act, the Secretary 

10 shall submit a report to the committees set forth in 

11 section 3(b)(1) that identifies— 

12 (A) the new performance measures devel13 oped under this subsection; and 

14 (B) the process for the incorporation of 

15 such measures into existing performance meas16 ures. 

Æ 


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