II 

111TH CONGRESS 

1ST SESSION S. 2767 

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. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2009 

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 to provide recruitment and 

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

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


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1 SECTION 1. SHORT TITLE. 

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

3 Entry Personnel and Infrastructure Funding Act of 

4 2009’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

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

8 border’’ means the international border between the 

9 United States and Canada. 

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

11 border’’ means the international border between the 

12 United States and Mexico. 

13 SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL. 

14 (a) STAFF ENHANCEMENTS.— 

15 (1) REVISIONS TO FISCAL YEAR ALLOCATIONS

16 AND FUNDING.—Title II of the Department of 

17 Homeland Security Appropriations Act, 2010 (Pub18 lic Law 111–83), is amended by inserting ‘‘Provided 

19 further, That of the total amount provided, 

20 $40,000,000 shall be used to pay the salaries and 

21 related compensation for 250 additional Customs 

22 and Border Protection officers and 25 associated 

23 support staff personnel, who shall be devoted to new 

24 inspection lanes at new land ports of entry on the 

25 Southwest border’’ before the period at the end of 

26 the first paragraph. 


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1 (2) NEW PERSONNEL.—In addition to positions 

2 authorized before the date of the enactment of this 

3 Act and any existing officer vacancies within United 

4 States Customs and Border Protection on such date, 

5 the Secretary of Homeland Security shall hire, train, 

6 and assign to duty, not later than September 30, 

7 2013— 

8 (A) 2,500 full-time Customs and Border 

9 Protection officers to serve on all inspection 

10 lanes (primary, secondary, incoming, and out11 going) and enforcement teams at United States 

12 land ports of entry on the Northern border; 

13 (B) 2,500 full-time Customs and Border 

14 Protection officers to serve on all inspection 

15 lanes (primary, secondary, incoming, and out16 going) and enforcement teams at United States 

17 land ports of entry on the Southern border; and 

18 (C) 350 full-time support staff for all 

19 United States ports of entry. 

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

21 Homeland Security may waive any limitation on the num22 ber of full-time equivalent personnel assigned to the De23 partment of Homeland Security in order to fulfill the re24 quirements under subsection (a). 

25 (c) REPORT TO CONGRESS.— 


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1 (1) OUTBOUND INSPECTIONS.—Not later than 

2 90 days after the date of the enactment of this Act, 

3 the Secretary of Homeland Security shall submit a 

4 report containing the Department of Homeland Se5 curity’s plans for ensuring the placement of suffi6 cient United States Customs and Border Protection 

7 officers on outbound inspections at all Southern bor8 der land ports of entry to— 

9 (A) the Committee on the Judiciary of the 

10 Senate; 

11 (B) the Committee on the Judiciary of the 

12 House of Representatives; 

13 (C) the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; and 

15 (D) the Committee on Homeland Security 

16 of the House of Representatives. 

17 (2) AGRICULTURAL SPECIALISTS.—Not later 

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

19 Act, the Secretary of Homeland Security, in con20 sultation with the Secretary of Agriculture, shall 

21 submit a report to the committees set forth in para22 graph (1) that contains plans for ensuring the place23 ment of sufficient agriculture specialists at all 

24 Southern border land ports of entry. 

25 (d) RETENTION INCENTIVES AND SALARIES.— 


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1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security shall ensure that the requirements under 

3 this subsection are met. 

4 (2) RECRUITMENT AND RETENTION PAY5 MENTS.—The Secretary may make incentive pay6 ments of $5,000 to $10,000, during the 6-year pe7 riod beginning on October 1, 2009, to the extent 

8 necessary to recruit and retain qualified United 

9 States Customs and Border Protection port of entry 

10 officers. 

11 (3) SPECIAL RULES FOR INCENTIVE PAY12 MENTS.— 

13 (A) RECRUITMENT INCENTIVES.—Each re14 cruitment incentive payment made under this 

15 subsection shall be paid to each new employee, 

16 in a lump sum, after the employee has entered 

17 on duty and completed 6 months of service. 

18 (B) RETENTION INCENTIVES.—Each re19 tention incentive payment— 

20 (i) shall be paid to an employee, in a 

21 lump sum, at the end of the fiscal year in 

22 which the qualified employee is selected by 

23 the Secretary, or a delegate of the Sec24 retary, for receipt of such payment; 


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1 (ii) shall not be limited solely to work 

2 performance, but may be based on criteria 

3 such as— 

4 (I) comparative salaries for law 

5 enforcement officers in other Federal 

6 agencies; 

7 (II) costs for replacement and 

8 training of a new employee; and 

9 (III) volume of work at the port 

10 of entry; 

11 (iii) shall be contingent upon the se12 lected employee signing an agreement, 

13 under penalty of perjury, to remain in 

14 Federal service as a United States Cus15 toms and Border Protection officer serving 

16 at a land port of entry for at least 3 years; 

17 and 

18 (iv) shall be subject to reimbursement 

19 if the employee fails to complete the re20 quired 3 years of Federal service due to 

21 voluntary or involuntary separation from 

22 service. 

23 (C) LIMITATIONS.— 

24 (i) FISCAL YEAR 2010.—In fiscal year 

25 2010, the Secretary may not make more 


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1 than 1,500 incentives payments under this 

2 subsection. 

3 (ii) FISCAL YEAR 2011 THROUGH

4 2015.—In each of the fiscal years 2011 

5 through 2015, the Secretary may not make 

6 more than 500 incentive payments under 

7 this subsection. 

8 (iii) ELIGIBILITY.—Any individual re9 ceiving an incentive payment in a given fis10 cal year shall not be eligible to receive an11 other incentive payment until the indi12 vidual completes at least 2 years of service 

13 with the Department of Homeland Secu14 rity after receiving the payment. 

15 SEC. 4. SECURE COMMUNICATION; EQUIPMENT; AND 

16 GRANTS FOR BORDER PERSONNEL. 

17 (a) SECURE COMMUNICATION.—The Secretary of 

18 Homeland Security shall ensure that each United States 

19 Customs and Border Protection officer is equipped with 

20 a secure 2-way communication and satellite-enabled de21 vice, supported by system interoperability, that allows 

22 such officers to communicate between ports of entry and 

23 inspection stations, and with other Federal, State, local, 

24 and tribal law enforcement entities. 


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1 (b) BORDER AREA SECURITY INITIATIVE GRANT

2 PROGRAM.—The Secretary of Homeland Security shall es3 tablish a program for awarding grants for the purchase 

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

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

6 State and local law enforcement officers serving on the 

7 Southern border. 

8 SEC. 5. INFRASTRUCTURE IMPROVEMENTS AND EXPAN9 SION OF TEXAS LAND PORTS OF ENTRY. 

10 (a) AMENDMENTS TO AMERICAN RECOVERY AND RE11 INVESTMENT ACT OF 2009.—Title VI of the American 

12 Recovery and Reinvestment Act of 2009 (Public Law 111– 

13 5), under the heading entitled ‘‘CONSTRUCTION’’ is 

14 amended— 

15 (1) by striking ‘‘U.S. Customs and Border Pro16 tection owned’’; and 

17 (2) by inserting ‘‘Provided further, That 

18 $100,000,000 shall be used for infrastructure im19 provements, expansion, and new construction (or re20 imbursement for new construction costs incurred 

21 during fiscal years 2007 through 2009) of high-vol22 ume ports of entry in Texas, regardless of port own23 ership’’ before the period at the end. 

24 (b) EFFECTIVE DATE.—The amendments made 

25 under subsection (a) shall take effect as if included in the 


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1 American Recovery and Reinvestment Act of 2009, as of 

2 the date of the enactment of such Act. 

3 SEC. 6. ADDITIONAL AUTHORITIES FOR PORT OF ENTRY 

4 CONSTRUCTION. 

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

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

7 Customs and Border Protection Commissioner may— 

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

9 entry and other structures and facilities, including 

10 living quarters for officers, agents, and personnel; 

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

12 otherwise, land or any interest in land determined to 

13 be necessary to carry out the Commissioner’s duties 

14 under this section; and 

15 (3) construct additional ports of entry along the 

16 Southern border and the Northern border. 

17 (b) CONSULTATION.— 

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

19 The Secretary of Homeland Security is encouraged 

20 to consult with the Secretary of the Interior, the 

21 Secretary of Agriculture, the Secretary of State, the 

22 International Boundary and Water Commission, the 

23 International Joint Commission, and appropriate 

24 representatives of States, local governments, Indian 

25 tribes, and property owners 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 quality of life for the 

6 communities and residents located near such 

7 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 and validity of any 

13 determination under this Act by the Secretary; 

14 or 

15 (C) affect any consultation requirement 

16 under any other law. 

17 SEC. 7. AUTHORITY TO ACQUIRE LEASEHOLDS. 

18 Notwithstanding any other provision of law, the Sec19 retary of Homeland Security may acquire a leasehold in20 terest in real property, and may construct or modify any 

21 facility on the leased property, if the Secretary determines 

22 that the acquisition of such interest, and such construction 

23 or modification, are necessary to facilitate the implementa24 tion of this Act. 


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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated, to carry out 

3 this Act during the 6-year period beginning on October 

4 1, 2009, $6,000,000,000, of which— 

5 (1) $55,000,000 shall be used for incentive pay6 ments authorized under section 3(d); and 

7 (2) $30,000,000 shall be used for Border Area 

8 Security Grants authorized under section 4(b). 

Æ 


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