II 

114TH CONGRESS 

1ST SESSION S. 458 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2015 

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, 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 2015’’. 

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, 2020— 

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 a report to the relevant 

10 committees of Congress that includes a plan for en11 suring the placement of sufficient U.S. Customs and 

12 Border Protection officers on outbound inspections, 

13 and adequate outbound infrastructure, at all South14 ern 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 a report to the relevant committees of Con21 gress 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 1 year after the date of the enactment of 

8 this Act, and annually thereafter, the Secretary shall 

9 submit a report to the relevant committees of Con10 gress 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 decisionmaking and allocation process; and 

5 (iii) the new outcome-based perform6 ance measures adopted under section 5(c). 

7 (c) SECURE COMMUNICATION.—The Secretary shall 

8 ensure that each U.S. Customs and Border Protection of9 ficer is equipped with a secure 2-way communication and 

10 satellite-enabled device, supported by system interoper11 ability, that allows U.S. Customs and Border Protection 

12 officers to communicate— 

13 (1) between ports of entry and inspection sta14 tions; and 

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

16 law enforcement entities. 

17 (d) BORDER AREA SECURITY INITIATIVE GRANT

18 PROGRAM.—The Secretary shall establish a program for 

19 awarding grants for the purchase of— 

20 (1) identification and detection equipment; and 

21 (2) mobile, hand-held, 2-way communication de22 vices for State and local law enforcement officers 

23 serving on the Southern border. 

24 (e) PORT OF ENTRY INFRASTRUCTURE IMPROVE25 MENTS.— 


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

2 in the enforcement of Federal customs, immigration, 

3 and agriculture laws by— 

4 (A) designing, constructing, and modi5 fying— 

6 (i) United States ports of entry; 

7 (ii) living quarters for officers, agents, 

8 and personnel; 

9 (iii) technology and equipment, includ10 ing those deployed in support of standard11 ized and automated collection of vehicular 

12 travel time; and 

13 (iv) other structures and facilities, in14 cluding those owned by municipalities, 

15 local governments, or private entities lo16 cated at land ports of entry; 

17 (B) acquiring, by purchase, donation, ex18 change, or otherwise, land or any interest in 

19 land determined to be necessary to carry out 

20 the Commissioner’s duties under this section; 

21 and 

22 (C) constructing additional ports of entry 

23 along the Southern border and the Northern 

24 border. 


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1 (2) PRIORITIZATION.—In selecting improve2 ments under this section, the Commissioner, in co3 ordination with the Administrator shall give priority 

4 consideration to projects that will substantially— 

5 (A) reduce commercial and passenger vehi6 cle and pedestrian crossing wait times at 1 or 

7 more ports of entry on the same border; 

8 (B) increase trade, travel efficiency, and 

9 the projected total annual volume at 1 or more 

10 ports of entry on the same border; and 

11 (C) enhance safety and security at border 

12 facilities at 1 or more ports of entry on the 

13 same border. 

14 (f) CONSULTATION.— 

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

16 The Secretary shall consult with the Secretary of the 

17 Interior, the Secretary of Agriculture, the Secretary 

18 of State, the International Boundary and Water 

19 Commission, the International Joint Commission, 

20 and appropriate representatives of States, Indian 

21 tribes, local governments, and property owners, as 

22 appropriate— 

23 (A) to determine locations for new ports of 

24 entry; and 


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1 (B) to minimize adverse impacts from such 

2 ports on the environment, historic and cultural 

3 resources, commerce, and the quality of life of 

4 the communities and residents located near 

5 such ports. 

6 (2) SAVINGS PROVISION.—Nothing in this sub7 section may be construed— 

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

9 parties described in paragraph (1); 

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

11 determination by the Secretary under this Act; 

12 or 

13 (C) to affect any consultation requirement 

14 under any other law. 

15 (g) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not16 withstanding any other provision of law, if the Secretary 

17 determines that the acquisition of a leasehold interest in 

18 real property and the construction or modification of any 

19 facility on the leased property are necessary to facilitate 

20 the implementation of this Act, the Secretary may— 

21 (1) acquire such leasehold interest; and 

22 (2) construct or modify such facility. 

23 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section, 

25 for each of the fiscal years 2015 through 2020, 


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

2 grants authorized under subsection (d). 

3 (i) OFFSET, RESCISSION OF UNOBLIGATED FED4 ERAL FUNDS.— 

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

6 from appropriated discretionary funds that remain 

7 available for obligation on the date of the enactment 

8 of this Act (other than the unobligated funds re9 ferred to in paragraph (4)), amounts determined by 

10 the Director of the Office of Management and Budg11 et that are equal, in the aggregate, to the amount 

12 authorized to be appropriated under subsection (h). 

13 (2) IMPLEMENTATION.—The Director of the 

14 Office of Management and Budget shall determine 

15 and identify— 

16 (A) the appropriation accounts from which 

17 the rescission under paragraph (1) shall apply; 

18 and 

19 (B) the amount of the rescission that shall 

20 be applied to each such account. 

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

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

23 the Office of Management and Budget shall submit 

24 a report to Congress and to the Secretary of the 

25 Treasury that describes the accounts and amounts 


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1 determined and identified under paragraph (2) for 

2 rescission under paragraph (1). 

3 (4) EXCEPTIONS.—This subsection shall not 

4 apply to unobligated funds of— 

5 (A) the Department of Defense; 

6 (B) the Department of Veterans Affairs; or 

7 (C) the Department of Homeland Security. 

8 SEC. 4. CROSS-BORDER TRADE ENHANCEMENT. 

9 (a) AGREEMENTS AUTHORIZED.—Consistent with 

10 section 559 of the Department of Homeland Security Ap11 propriations Act, 2014 (6 U.S.C. 211 note), during the 

12 10-year period beginning on the date of the enactment of 

13 this Act, the Commissioner and the Administrator, for 

14 purposes of facilitating the construction, alteration, oper15 ation, or maintenance of a new or existing facility or other 

16 infrastructure at a port of entry under the jurisdiction, 

17 custody, and control of the Commissioner or the Adminis18 trator, may— 

19 (1) enter into cost-sharing or reimbursement 

20 agreements; or 

21 (2) accept donations of— 

22 (A) real or personal property (including 

23 monetary donations); or 

24 (B) nonpersonal services. 


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1 (b) ALLOWABLE USES OF AGREEMENTS.—The Com2 missioner and the Administrator may— 

3 (1) use agreements authorized under subsection 

4 (a) for activities related to an existing or new port 

5 of entry, including expenses relating to— 

6 (A) land acquisition, design, construction, 

7 repair, or alternation; 

8 (B) furniture, fixtures, or equipment; 

9 (C) the deployment of technology or equip10 ment; and 

11 (D) operations and maintenance; or 

12 (2) transfer such property or services between 

13 the Commissioner and the Administrator for activi14 ties described in paragraph (1) relating to a new or 

15 existing port of entry under the jurisdiction, custody, 

16 and control of the relevant agency, subject to chap17 ter 33 of title 40, United States Code. 

18 (c) SAVINGS PROVISION.—Nothing in this section 

19 may be construed to alter or change agreements or au20 thorities authorized under section 559 of the Department 

21 of Homeland Security Appropriations Act, 2014 (division 

22 F of Public Law 113–76; 6 U.S.C. 211 note) and in place 

23 as of the date of enactment of this Act 

24 (d) EVALUATION PROCEDURES.— 

25 (1) IN GENERAL.— 


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1 (A) REQUIREMENT FOR PROCEDURES.— 

2 The Commissioner, in consultation with the Ad3 ministrator and consistent with section 559 of 

4 the Department of Homeland Security Appro5 priations Act, 2014 (6 U.S.C. 211 note), shall 

6 issue procedures for evaluating a proposal sub7 mitted by a person for an agreement authorized 

8 under subsection (a). 

9 (B) AVAILABILITY.—The procedures re10 quired under subparagraph (A) shall be made 

11 available to the public through a website of the 

12 Department of Homeland Security. 

13 (2) SPECIFICATION.—Proposals for agreements 

14 or donations referred to in subsection (a) may speci15 fy— 

16 (A) the land port of entry facility or facili17 ties in support of which the agreement is en18 tered into; and 

19 (B) the time frame in which the contrib20 uted property or nonpersonal services shall be 

21 used. 

22 (3) SUPPLEMENTAL FUNDING.—Any property 

23 (including monetary donations) or nonpersonal serv24 ices donated pursuant to subsection (a)(2) may be 

25 used in addition to any other funds, including approVerDate Sep 11 2014 22:01 Feb 18, 2015 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S458.IS S458

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1 priated funds, property, or services made available 

2 for the same purpose. 

3 (4) RETURN OF DONATION.— 

4 (A) REQUIREMENT FOR RETURN.—If the 

5 Commissioner or the Administrator does not 

6 use the property or services donated pursuant 

7 to subsection (a)(2) for the specific facility or 

8 facilities designated by the person or within the 

9 time frame specified by the person, such do10 nated property or services shall be returned to 

11 the person that made the donation. 

12 (B) PROHIBITION ON INTEREST.—No in13 terest may be owed on any donation returned to 

14 a person under subparagraph (A). 

15 (5) DETERMINATION AND NOTIFICATION.— 

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

17 after receiving a proposal pursuant to sub18 section (a) with respect to the construction or 

19 maintenance of a facility or other infrastructure 

20 at a land border port of entry, the Commis21 sioner or the Administrator shall— 

22 (i) make a determination with respect 

23 to whether or not to approve the proposal; 

24 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 (e) ANNUAL REPORT AND NOTICE TO CONGRESS.— 

19 The Commissioner, in collaboration with the Adminis20 trator, shall— 

21 (1) submit an annual report to the relevant 

22 committees of Congress describing agreements en23 tered into pursuant to subsection (a); and 

24 (2) not later than 3 days before entering into 

25 an agreement under subsection (a) with a person, 


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1 notify the members of Congress that represent the 

2 State and district in which the facility is located. 

3 SEC. 5. IMPLEMENTATION OF GOVERNMENT ACCOUNT4 ABILITY OFFICE FINDINGS. 

5 (a) BORDER WAIT TIME DATA COLLECTION.— 

6 (1) STRATEGIC PLAN.—The Secretary, in con7 sultation with the Commissioner, the Administrator 

8 of the Federal Highway Administration, State De9 partments of Transportation, and other public and 

10 private stakeholders, shall develop a strategic plan 

11 for standardized collection of vehicle wait times at 

12 land ports of entry. 

13 (2) ELEMENTS.—The strategic plan required 

14 under paragraph (1) shall include— 

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

16 Border Protection will ensure standardized 

17 manual wait time collection practices at ports of 

18 entry; 

19 (B) current wait time collection practices 

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

21 made available through existing online plat22 forms for public reporting; 

23 (C) the identification of a standardized 

24 measurement and validation wait time data tool 

25 for use at all land ports of entry; and 


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1 (D) an assessment of the feasibility and 

2 cost for supplementing and replacing manual 

3 data collection with automation, which should 

4 utilize existing automation efforts and re5 sources. 

6 (3) UPDATES FOR COLLECTION METHODS.— 

7 The Secretary shall update the strategic plan re8 quired under paragraph (1) to reflect new practices, 

9 timelines, tools, and assessments, as appropriate. 

10 (b) STAFF ALLOCATION.—The Secretary, in con11 sultation with the Commissioner and State, municipal, and 

12 private sector stakeholders at each port of entry, shall de13 velop a standardized model for the allocation of U.S. Cus14 toms and Border Protection officers and support staff at 

15 land ports of entry, including allocations specific to field 

16 offices and the port level that utilizes— 

17 (1) current and future operational priorities 

18 and threats; 

19 (2) historical staffing levels and patterns; and 

20 (3) anticipated traffic flows. 

21 (c) OUTCOME-BASED PERFORMANCE MEASURES.— 

22 (1) IN GENERAL.—The Secretary, in consulta23 tion with the Commissioner and relevant public and 

24 private sector stakeholders, shall identify and adopt 

25 not fewer than 2 new, outcome-based performance 


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1 measures that support the trade facilitation goals of 

2 U.S. Customs and Border Protection. 

3 (2) EFFECT OF TRUSTED TRAVELER AND SHIP4 PER PROGRAMS.—Outcome-based performance meas5 ures identified under this subsection should in6 clude— 

7 (A) the extent to which trusted traveler 

8 and shipper program participants experience 

9 decreased annual percentage wait time com10 pared to nonparticipants; and 

11 (B) the extent to which trusted traveler 

12 and shipper program participants experience an 

13 annual reduction in percentage of referrals to 

14 secondary inspection facilities compared to non15 participants. 

16 (3) AGENCY EFFICIENCIES.—The Secretary 

17 shall not adopt performance measures that— 

18 (A) solely address U.S. Customs and Bor19 der Protection resource efficiency; or 

20 (B) fail to adequately— 

21 (i) gauge the impact of programs or 

22 initiatives on trade facilitation goals; or 

23 (ii) measure benefits to stakeholders. 

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

25 date of the enactment of this Act, the Secretary 


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1 shall submit a report to the relevant committees of 

2 Congress that identifies— 

3 (A) the new performance measures devel4 oped under this subsection; and 

5 (B) the process for the incorporation of 

6 such measures into existing performance meas7 ures. 

Æ 


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