I 

115TH CONGRESS 

2D SESSION H. R. 5619 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 25, 2018 

Mr. O’ROURKE (for himself and Ms. STEFANIK) introduced the following bill; 

which was referred to the Committee on Homeland Security, and in addition to the Committees on Ways and Means, and Appropriations, 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. 

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 2018’’. 

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) RELEVANT COMMITTEES OF CONGRESS.— 

11 The term ‘‘relevant committees of Congress’’ 

12 means— 

13 (A) the Committee on Environment and 

14 Public Works of the Senate; 

15 (B) the Committee on Finance of the Sen16 ate; 

17 (C) the Committee on Homeland Security 

18 and Governmental Affairs of the Senate; 

19 (D) the Committee on the Judiciary of the 

20 Senate; 

21 (E) the Committee on Homeland Security 

22 of the House of Representatives; 

23 (F) the Committee on the Judiciary of the 

24 House of Representatives; and 


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1 (G) the Committee on Transportation and 

2 Infrastructure of the House of Representatives. 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Homeland Security. 

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

6 border’’ means the international border between the 

7 United States and Mexico. 

8 SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION PER9 SONNEL. 

10 (a) STAFF ENHANCEMENTS.— 

11 (1) AUTHORIZATION.—In addition to positions 

12 authorized before the date of the enactment of this 

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

14 Customs and Border Protection on such date, the 

15 Secretary, subject to the availability of appropria16 tions for such purpose, shall hire, train, and assign 

17 to duty, by not later than September 30, 2023— 

18 (A) 5,000 full-time U.S. Customs and Bor19 der Protection officers to serve on all inspection 

20 lanes (primary, secondary, incoming, and out21 going) and enforcement teams at United States 

22 land ports of entry on the Northern border and 

23 the Southern border; and 

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

25 United States ports of entry. 


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1 (2) WAIVER OF FTE LIMITATION.—The Sec2 retary may waive any limitation on the number of 

3 full-time equivalent personnel assigned to the De4 partment of Homeland Security in order to carry 

5 out paragraph (1). 

6 (b) REPORTS TO CONGRESS.— 

7 (1) OUTBOUND INSPECTIONS.—Not later than 

8 90 days after the date of the enactment of this Act, 

9 the Secretary shall submit to the relevant commit10 tees of Congress a report that includes a plan for 

11 ensuring the placement of sufficient U.S. Customs 

12 and Border Protection officers on outbound inspec13 tions, and adequate outbound infrastructure, at all 

14 Southern border land ports of entry. 

15 (2) SUFFICIENT AGRICULTURAL SPECIALISTS

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

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

18 consultation with the Secretary of Agriculture and 

19 the Secretary of Health and Human Services, shall 

20 submit to the relevant committees of Congress a re21 port that contains plans for the Department of 

22 Homeland Security, the Department of Agriculture, 

23 and the Department of Health and Human Services, 

24 respectively, for ensuring the placement of sufficient 

25 U.S. Customs and Border Protection agriculture 


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1 specialists, Animal and Plant Health Inspection 

2 Service entomologist identifier specialists, Food and 

3 Drug Administration consumer safety officers, and 

4 other relevant and related personnel at all Southern 

5 border land ports of entry. 

6 (3) ANNUAL IMPLEMENTATION REPORT.—Not 

7 later than one year after the date of the enactment 

8 of this Act and annually thereafter, the Secretary 

9 shall submit to the relevant committees of Congress 

10 a report that— 

11 (A) details the Department of Homeland 

12 Security’s implementation plan for the staff en13 hancements required under subsection 

14 (a)(1)(A); 

15 (B) includes the number of additional per16 sonnel assigned to duty at land ports of entry, 

17 classified by location; 

18 (C) describes the methodology used to de19 termine the distribution of additional personnel 

20 to address northbound and southbound cross21 border inspections; and 

22 (D) includes— 

23 (i) the strategic plan required under 

24 section 5(a)(1); 


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1 (ii) the model required under section 

2 5(b), including the underlying assump3 tions, factors, and concerns that guide the 

4 decision-making and allocation process; 

5 and 

6 (iii) the new outcome-based perform7 ance measures adopted under section 5(c). 

8 (c) SECURE COMMUNICATION.—The Secretary shall 

9 ensure that each U.S. Customs and Border Protection of10 ficer is equipped with a secure 2-way communication and 

11 satellite-enabled device, supported by system interoper12 ability, that allows U.S. Customs and Border Protection 

13 officers to communicate— 

14 (1) between ports of entry and inspection sta15 tions; and 

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

17 law enforcement entities. 

18 (d) BORDER AREA SECURITY INITIATIVE GRANT

19 PROGRAM.—The Secretary shall establish a program for 

20 awarding grants for the purchase of— 

21 (1) identification and detection equipment; and 

22 (2) mobile, hand-held, 2-way communication de23 vices for State and local law enforcement officers 

24 serving on the Southern border. 


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1 (e) PORT OF ENTRY INFRASTRUCTURE IMPROVE2 MENTS.— 

3 (1) IN GENERAL.—The Commissioner may aid 

4 in the enforcement of Federal customs, immigration, 

5 and agriculture laws by— 

6 (A) designing, constructing, and modi7 fying— 

8 (i) United States ports of entry; 

9 (ii) living quarters for officers, agents, 

10 and personnel; 

11 (iii) technology and equipment, includ12 ing technology and equipment deployed in 

13 support of standardized and automated 

14 collection of vehicular travel time; and 

15 (iv) other structures and facilities, in16 cluding structures and facilities owned by 

17 municipalities, local governments, or pri18 vate entities located at land ports of entry; 

19 (B) acquiring, by purchase, donation, ex20 change, or otherwise, land or any interest in 

21 land determined to be necessary to carry out 

22 the Commissioner’s duties under this section; 

23 and 


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1 (C) constructing additional ports of entry 

2 along the Southern border and the Northern 

3 border. 

4 (2) PRIORITIZATION.—In selecting improve5 ments under this section, the Commissioner, in co6 ordination with the Administrator, shall give priority 

7 consideration to projects that will substantially— 

8 (A) reduce commercial and passenger vehi9 cle and pedestrian crossing wait times at one or 

10 more ports of entry on the same border; 

11 (B) increase trade, travel efficiency, and 

12 the projected total annual volume at one or 

13 more ports of entry on the same border; and 

14 (C) enhance safety and security at border 

15 facilities at one or more ports of entry on the 

16 same border. 

17 (f) CONSULTATION.— 

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

19 The Secretary shall consult with the Secretary of the 

20 Interior, the Secretary of Agriculture, the Secretary 

21 of State, the International Boundary and Water 

22 Commission, the International Joint Commission, 

23 and appropriate representatives of States, Indian 

24 tribes, local governments, and property owners, as 

25 appropriate, to— 


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1 (A) determine locations for new ports of 

2 entry; and 

3 (B) minimize adverse impacts from such 

4 ports on the environment, historic and cultural 

5 resources, commerce, and the quality of life of 

6 the communities and residents located near 

7 such ports. 

8 (2) SAVINGS PROVISION.—Nothing in this sub9 section may be construed to— 

10 (A) create any right or liability of the par11 ties described in paragraph (1); 

12 (B) affect the legality or validity of any de13 termination by the Secretary under this Act; or 

14 (C) affect any consultation requirement 

15 under any other law. 

16 (g) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not17 withstanding any other provision of law, if the Secretary 

18 determines that the acquisition of a leasehold interest in 

19 real property and the construction or modification of any 

20 facility on such leased property are necessary to facilitate 

21 the implementation of this Act, the Secretary may— 

22 (1) acquire such leasehold interest; and 

23 (2) construct or modify such facility. 

24 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section, 


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1 for each of the fiscal years 2018 through 2023, 

2 $1,000,000,000, of which $5,000,000 shall be used for 

3 grants authorized under subsection (d). 

4 (i) OFFSET, RESCISSION OF UNOBLIGATED FED5 ERAL FUNDS.— 

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

7 from appropriated discretionary funds that remain 

8 available for obligation on the date of the enactment 

9 of this Act (other than the unobligated funds re10 ferred to in paragraph (4)), amounts determined by 

11 the Director of the Office of Management and Budg12 et that are equal, in the aggregate, to the amount 

13 authorized to be appropriated under subsection (h). 

14 (2) IMPLEMENTATION.—The Director of the 

15 Office of Management and Budget shall determine 

16 and identify— 

17 (A) the appropriation accounts from which 

18 the rescission under paragraph (1) shall apply; 

19 and 

20 (B) the amount of the rescission that shall 

21 be applied to each such account. 

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

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

24 the Office of Management and Budget shall submit 

25 to Congress and to the Secretary of the Treasury a 


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1 report that describes the accounts and amounts de2 termined and identified under paragraph (2) for re3 scission under paragraph (1). 

4 (4) EXCEPTIONS.—This subsection shall not 

5 apply to unobligated funds of— 

6 (A) the Department of Defense; 

7 (B) the Department of Veterans Affairs; or 

8 (C) the Department of Homeland Security. 

9 SEC. 4. IMPLEMENTATION OF GOVERNMENT ACCOUNT10 ABILITY OFFICE FINDINGS. 

11 (a) BORDER WAIT TIME DATA COLLECTION.— 

12 (1) STRATEGIC PLAN.—The Secretary, in con13 sultation with the Commissioner, the Administrator 

14 of the Federal Highway Administration, State de15 partments of transportation, and other public and 

16 private stakeholders, shall develop a strategic plan 

17 for standardized collection of vehicle wait times at 

18 land ports of entry. 

19 (2) ELEMENTS.—The strategic plan required 

20 under paragraph (1) shall include— 

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

22 Border Protection will ensure standardized 

23 manual wait time collection practices at ports of 

24 entry; 


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1 (B) current wait time collection practices 

2 at each land port of entry, which shall also be 

3 made available through existing online plat4 forms for public reporting; 

5 (C) the identification of a standardized 

6 measurement and validation wait time data tool 

7 for use at all land ports of entry; and 

8 (D) an assessment of the feasibility and 

9 cost for supplementing and replacing manual 

10 data collection with automation, which should 

11 utilize existing automation efforts and re12 sources. 

13 (3) UPDATES FOR COLLECTION METHODS.— 

14 The Secretary shall update the strategic plan re15 quired under paragraph (1) to reflect new practices, 

16 timelines, tools, and assessments, as appropriate. 

17 (b) STAFF ALLOCATION.—The Secretary, in con18 sultation with the Commissioner and State, municipal, and 

19 private sector stakeholders at each port of entry, shall de20 velop a standardized model for the allocation of U.S. Cus21 toms and Border Protection officers and support staff at 

22 land ports of entry, including allocations specific to field 

23 offices and the port level that utilizes— 

24 (1) current and future operational priorities 

25 and threats; 


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1 (2) historical staffing levels and patterns; and 

2 (3) anticipated traffic flows. 

3 (c) OUTCOME-BASED PERFORMANCE MEASURES.— 

4 (1) IN GENERAL.—The Secretary, in consulta5 tion with the Commissioner and relevant public and 

6 private sector stakeholders, shall identify and adopt 

7 not fewer than two new, outcome-based performance 

8 measures that support the trade facilitation goals of 

9 U.S. Customs and Border Protection. 

10 (2) EFFECT OF TRUSTED TRAVELER AND SHIP11 PER PROGRAMS.—Outcome-based performance meas12 ures identified under this subsection should in13 clude— 

14 (A) the extent to which trusted traveler 

15 and shipper program participants experience 

16 decreased annual percentage wait time com17 pared to nonparticipants; and 

18 (B) the extent to which trusted traveler 

19 and shipper program participants experience an 

20 annual reduction in percentage of referrals to 

21 secondary inspection facilities compared to non22 participants. 

23 (3) AGENCY EFFICIENCIES.—The Secretary 

24 may not adopt performance measures under this 

25 subsection that— 


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1 (A) solely address U.S. Customs and Bor2 der Protection resource efficiency; or 

3 (B) fail to adequately— 

4 (i) gauge the impact of programs or 

5 initiatives on trade facilitation goals; or 

6 (ii) measure benefits to stakeholders. 

7 (4) REPORT.—Not later than 90 days after the 

8 date of the enactment of this Act, the Secretary 

9 shall submit to the relevant committees of Congress 

10 a report that identifies— 

11 (A) the new performance measures devel12 oped under this subsection; and 

13 (B) the process for the incorporation of 

14 such measures into existing performance meas15 ures. 

Æ 


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