I 

112TH CONGRESS 

1ST SESSION H. R. 3049 

To restore growth, spur job creation, build momentum toward economic recovery for border communities and the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2011 

Mr. GRIJALVA introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on 

Ways and Means, Transportation and Infrastructure, Small Business, 

Oversight and Government Reform, Foreign Affairs, and Agriculture, 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 restore growth, spur job creation, build momentum toward economic recovery for border communities and the 

United States, 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 ‘‘Border Infrastructure 

5 and Jobs Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The United States and Mexico share a bor2 der of nearly 2,000 miles, a cultural heritage, and 

3 a desire to grow both economies through cooperation 

4 and hard work. 

5 (2) Border commerce is vital to the United 

6 States economy. Mexico is the United States third7 largest trading partner, behind only Canada and 

8 China. In 2010, trade between the United States 

9 and Mexico reached $367,000,000,000, amounting 

10 to more than $1,000,000,000 per day. 

11 (3) Mexico is the second-largest export market 

12 for United States businesses and approximately 22 

13 States depend on Mexico as their number one or two 

14 trading partner. 

15 (4) The growth of international trade has out16 paced United States land ports of entry’s workload 

17 capacity, resulting in congestion and delays. This in18 creased congestion hurts businesses that rely on safe 

19 and efficient cross-border traffic. 

20 SEC. 3. UNITED STATES-MEXICO ECONOMIC PARTNERSHIP 

21 COMMISSION. 

22 (a) ESTABLISHMENT OF COMMISSION.— 

23 (1) IN GENERAL.—There is established an inde24 pendent commission to be known as the United 


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1 States-Mexico Economic Partnership Commission 

2 (referred to in this section as the ‘‘Commission’’). 

3 (2) PURPOSES.—The purposes of the Commis4 sion are to— 

5 (A) study the overall economic strategies, 

6 programs, and policies of Federal departments 

7 and agencies along the United States-Mexico 

8 border, including the Department of Homeland 

9 Security, the Department of Commerce, and 

10 other relevant departments and agencies; 

11 (B) strengthen relations and collaboration 

12 between communities along the United States13 Mexico border and the Department of Home14 land Security, the Department of Commerce, 

15 and other Federal departments and agencies 

16 that carry out such strategies, programs, and 

17 policies; and 

18 (C) make recommendations to the Presi19 dent and Congress with respect to such strate20 gies, programs, and policies. 

21 (3) MEMBERSHIP.— 

22 (A) VOTING MEMBERS.—The Commission 

23 shall be composed of 16 voting members. The 

24 Governors of the States of Arizona, California, 


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1 New Mexico, and Texas shall each appoint four 

2 such members, of whom— 

3 (i) one shall be a local elected official 

4 from each such State’s border region; 

5 (ii) one shall be an individual from 

6 academia or a community leader of each 

7 such State; and 

8 (iii) two shall be from each such 

9 State’s border region business community. 

10 (B) NONVOTING MEMBERS.—The Commis11 sion shall be composed of two nonvoting mem12 bers, of whom— 

13 (i) one shall be appointed by the Sec14 retary of Homeland Security; and 

15 (ii) one shall be appointed by the Sec16 retary of Commerce. 

17 (4) QUALIFICATIONS.— 

18 (A) IN GENERAL.—Members of the Com19 mission shall be— 

20 (i) individuals with expertise in migra21 tion, border enforcement and protection, 

22 civil and human rights, community rela23 tions, cross-border trade and commerce, or 

24 other pertinent qualifications or experience; 

25 and 


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1 (ii) representative of a broad cross 

2 section of perspectives from the region 

3 along the international border between the 

4 United States and Mexico. 

5 (B) POLITICAL AFFILIATION.—Not more 

6 than two members of the Commission appointed 

7 by each Governor in accordance with paragraph 

8 (3)(A) may be members of the same political 

9 party. 

10 (C) NONGOVERNMENTAL APPOINTEES.— 

11 An individual appointed as a voting member to 

12 the Commission may not be an officer or em13 ployee of the Federal Government. 

14 (5) DEADLINE FOR APPOINTMENT.—All mem15 bers of the Commission shall be appointed not later 

16 than six months after the date of the enactment of 

17 this Act. If any member of the Commission de18 scribed in paragraph (3)(A) is not appointed by such 

19 date, the Commission shall carry out its duties 

20 under this section without participation of such 

21 member. 

22 (6) TERM OF SERVICE.—The term of office for 

23 members shall be for the life of the Commission. 

24 (7) VACANCIES.—Any vacancy in the Commis25 sion shall not affect its powers, but shall be filled in 


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1 the same manner in which the original appointment 

2 was made. 

3 (8) MEETINGS.— 

4 (A) INITIAL MEETING.—The Commission 

5 shall meet and begin the operations of the Com6 mission as soon as practical. 

7 (B) SUBSEQUENT MEETINGS.—After its 

8 initial meeting, the Commission shall meet upon 

9 the call of the chairman or a majority of its 

10 members. 

11 (C) OUTREACH.—The Commission shall 

12 formulate and implement an effective outreach 

13 strategy to border communities along the 

14 United States-Mexico border. 

15 (9) QUORUM.—Nine members of the Commis16 sion shall constitute a quorum. 

17 (10) CHAIR AND VICE CHAIR.—The voting 

18 members of the Commission shall elect a Chairman 

19 and Vice Chairman from among its voting members. 

20 The term of office shall be for the life of the Com21 mission. 

22 (11) STRUCTURE.—The Commission shall have 

23 a Federal, regional, and local review structure, and 

24 shall be divided into two subcommittees, one such 

25 subcommittee focused on border technology, equipVerDate Mar 15 2010 02:27 Sep 28, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3049.IH H3049

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1 ment, and infrastructure, and one such sub2 committee focused on cross-border trade policies and 

3 programs. 

4 (b) DUTIES.—The Commission shall review and ex5 amine cross-border trade policies, strategies, and pro6 grams with Mexico, including— 

7 (1) the effect of operations, technology, and in8 frastructure along such border on the— 

9 (A) environment; 

10 (B) cross-border traffic and commerce; 

11 (C) privacy rights and other civil liberties; 

12 and 

13 (D) the quality of life of border commu14 nities; 

15 (2) the extent of the negative economic impact, 

16 if any, on the United States due to staffing needs 

17 at land ports of entry along the such border; 

18 (3) whether border policies and practices ensure 

19 that the free flow of legitimate travel and commerce 

20 is not diminished by efforts, activities, and programs 

21 aimed at securing the international land ports of 

22 entry along the United States-Mexico border; and 

23 (4) any other matters regarding cross-border 

24 trade policies, strategies, and programs the Commis25 sion determines appropriate. 


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1 (c) POWERS OF COMMISSION.— 

2 (1) IN GENERAL.— 

3 (A) HEARINGS AND EVIDENCE.—The 

4 Commission or, on the authority of the Com5 mission, any subcommittee or member thereof, 

6 may, for the purpose of carrying out this Act— 

7 (i) hold such hearings and sit and act 

8 at such times and places, take such testi9 mony, receive such evidence, administer 

10 such oaths; and 

11 (ii) subject to subparagraph (B), re12 quire, by subpoena or otherwise, the at13 tendance and testimony of such witnesses 

14 and the production of such books, records, 

15 correspondence, memoranda, papers, and 

16 documents as the Commission or such des17 ignated subcommittee or designated mem18 ber may determine advisable. 

19 (B) SUBPOENAS.— 

20 (i) ISSUANCE.—A subpoena may be 

21 issued under this subsection only— 

22 (I) by the agreement of the 

23 chairman and the vice chairman; or 

24 (II) by the affirmative vote of six 

25 members of the Commission. 


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1 (ii) SIGNATURE.—Subject to clause 

2 (i), subpoenas issued under this subsection 

3 may be issued under the signature of the 

4 chairman or any member designated by a 

5 majority of the Commission, and may be 

6 served by any person designated by the 

7 chairman or by a member designated by a 

8 majority of the Commission. 

9 (iii) ENFORCEMENT.—In the case of 

10 contumacy or failure to obey a subpoena 

11 issued under this paragraph, the United 

12 States district court for the judicial district 

13 in which the subpoenaed person resides, is 

14 served, or may be found, or where the sub15 poena is returnable, may issue an order re16 quiring such person to appear at any des17 ignated place to testify or to produce docu18 mentary or other evidence. Any failure to 

19 obey the order of such court may be pun20 ished by such court as a contempt of such 

21 court. 

22 (2) CONTRACTING.—The Commission may, to 

23 such extent and in such amounts as are provided in 

24 appropriation Acts, enter into contracts to enable 


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1 the Commission to discharge its duties under this 

2 Act. 

3 (3) INFORMATION FROM FEDERAL AGENCIES.— 

4 (A) IN GENERAL.—The Commission is au5 thorized to secure directly from any executive 

6 department, bureau, agency, board, commission, 

7 office, independent establishment, or instrumen8 tality of the Government, information, sugges9 tions, estimates, and statistics for the purposes 

10 of carrying out this Act. Each such department, 

11 bureau, agency, board, commission, office, inde12 pendent establishment, or instrumentality shall, 

13 to the extent authorized by law, furnish such 

14 information, suggestions, estimates, and statis15 tics directly to the Commission, upon request 

16 made by the chairman, the chairman of any 

17 subcommittee created by a majority of the 

18 Commission, or any member designated by a 

19 majority of the Commission. 

20 (B) RECEIPT, HANDLING, STORAGE, AND

21 DISSEMINATION.—Information, suggestions, es22 timates, and statistics referred to in subpara23 graph (A) shall only be received, handled, 

24 stored, and disseminated by members of the 

25 Commission and its staff in accordance with all 


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1 applicable statutes, regulations, and Executive 

2 orders. 

3 (4) ASSISTANCE FROM FEDERAL AGENCIES.— 

4 (A) GENERAL SERVICES ADMINISTRA5 TION.—The Administrator of General Services 

6 shall provide to the Commission on a reimburs7 able basis administrative support and other 

8 services for the performance of the Commis9 sion’s functions. 

10 (B) OTHER DEPARTMENTS AND AGEN11 CIES.—In addition to the assistance prescribed 

12 in subparagraph (A), the heads of Federal de13 partments and agencies may provide to the 

14 Commission such services, funds, facilities, 

15 staff, and other support services as they may 

16 determine advisable and as may be authorized 

17 by law. 

18 (5) POSTAL SERVICES.—The Commission may 

19 use the United States mails in the same manner and 

20 under the same conditions as Federal departments 

21 and agencies of the United States. 

22 (d) COMPENSATION.— 

23 (1) IN GENERAL.—Members of the Commission 

24 shall serve without pay. 


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1 (2) REIMBURSEMENT OF EXPENSES.—All mem2 bers of the Commission shall be reimbursed for rea3 sonable travel expenses and subsistence, and other 

4 reasonable and necessary expenses incurred by such 

5 members in the performance of their duties. 

6 (e) TRAINING.—The Commission shall establish a 

7 process and criteria by which Commission members re8 ceive orientation and training on cross-border trade poli9 cies, strategies, and programs with respect to Mexico. 

10 (f) REPORT.—Not later than two years after the date 

11 of the first meeting called pursuant to subsection 

12 (a)(8)(A), the Commission shall submit to the President, 

13 the Secretary of Homeland Security, the Secretary of 

14 Commerce, and Congress a report that contains— 

15 (1) findings with respect to the duties of the 

16 Commission; 

17 (2) recommendations regarding cross-border 

18 trade policies, strategies, and programs with respect 

19 to Mexico; 

20 (3) suggestions for the implementation of such 

21 recommendations; and 

22 (4) a recommendation as to whether the Com23 mission should continue to exist after the date of 

24 termination described in subsection (i), and if so, a 


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1 description of the purposes and duties recommended 

2 to be carried out by the Commission after such date. 

3 (g) RESPONSE TO REPORT.—Not later than 180 days 

4 after the receipt of the report required under subsection 

5 (f), the Secretary of Homeland Security and the Secretary 

6 of Commerce shall jointly issue a response describing how 

7 the Department of Homeland Security and the Depart8 ment of Commerce will implement the recommendations 

9 contained in such report. 

10 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as may be 

12 necessary to carry out this section. 

13 (i) SUNSET.—Unless the Commission is re-authorized 

14 by Congress, the Commission shall terminate on the date 

15 that is 60 days after the date the Commission submits 

16 the report described in subsection (f). 

17 SEC. 4. PORT SECURITY AND TRADE FACILITATION 

18 GRANTS. 

19 (a) GRANT PROGRAM.—The Secretary of Commerce, 

20 in consultation with the Secretary of Homeland Security, 

21 shall establish a program under which grants may be pro22 vided to develop and expand trusted shipper programs for 

23 small- and medium-sized businesses for the purpose of fa24 cilitating border commerce. 


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1 (b) APPLICATIONS AND CONDITIONS.—In carrying 

2 out the grant program described in subsection (a), the 

3 Secretary of Commerce— 

4 (1) shall establish a notification and application 

5 procedure; and 

6 (2) may establish such conditions, and require 

7 such assurances, as may be appropriate to ensure 

8 the efficiency and integrity of the grant program. 

9 (c) SUNSET.—The grant program described in sub10 section (a) shall terminate on the date that is five years 

11 after the date of the enactment of this Act. 

12 (d) LIMITATION.—The sum for all fiscal years of the 

13 amounts awarded as grants under this section may not 

14 exceed $10,000,000. 

15 SEC. 5. IMPROVING PORTS OF ENTRY ON THE SOUTHWEST 

16 BORDER FOR BORDER SECURITY AND OTHER 

17 PURPOSES. 

18 (a) IN GENERAL.—There are authorized to be appro19 priated to the Administrator of the General Services Ad20 ministration— 

21 (1) $200,000,000 for fiscal 2013 solely for 

22 planning, management, design, alteration, and con23 struction of United States Customs and Border Pro24 tection owned land border ports of entry along the 


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1 international border between the United States and 

2 Mexico; and 

3 (2) $100,000,000 for fiscal year 2013 solely for 

4 the installation of renewable energy retrofits at land 

5 border ports of entry along the international border 

6 between the United States and Mexico. 

7 (b) ALLOCATION OF AUTHORIZED FUNDS.—Of the 

8 amounts authorized to be appropriated pursuant to sub9 section (a)(1)— 

10 (1) not more than 40 percent may be set aside 

11 for the San Luis I land port of entry; and 

12 (2) not more than 60 percent may be set aside 

13 for the Douglas land port of entry. 

14 SEC. 6. IMPROVING WASTE WATER TREATMENT INFRA15 STRUCTURE. 

16 There are authorized to be appropriated to the Inter17 national Boundary and Water Commission $50,000,000 

18 for fiscal 2013 solely for planning, management, design, 

19 alteration, and construction of the International Outfall 

20 Interceptor (IOI) and the Nogales Wash Channel. 

21 SEC. 7. IMPROVING CROSS-BORDER TRANSPORTATION. 

22 (a) IN GENERAL.—There are authorized to be appro23 priated to the Federal Highway Administration 

24 $100,000,000 for fiscal 2013 for— 


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1 (1) improvements to existing transportation and 

2 supporting infrastructure along the United States3 Mexico border; 

4 (2) construction of highways and related safety 

5 and enforcement facilities related to international 

6 trade with Mexico; and 

7 (3) international coordination of transportation 

8 planning, programming, and border operations with 

9 Mexico. 

10 (b) ALLOCATION OF AUTHORIZED FUNDS.—Of 

11 amounts authorized to be appropriated pursuant to sub12 section (a), not more than 30 percent may be set aside 

13 for projects 50 miles from the United States-Mexico bor14 der. 

15 SEC. 8. INCREASE IN NUMBER OF CUSTOMS AND BORDER 

16 PROTECTION OFFICERS ON THE SOUTHWEST 

17 BORDER OF THE UNITED STATES. 

18 (a) CUSTOMS AND BORDER PROTECTION OFFI19 CERS.—During fiscal year 2013, the Secretary of Home20 land Security shall increase by not fewer than 500 the 

21 total number of full-time, active-duty Customs and Border 

22 Protection officers within United States Customs and Bor23 der Protection for posting at United States ports of entry 

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1 cers for which funds were made available during fiscal 

2 year 2012. 

3 (b) AGRICULTURE SPECIALISTS.—During fiscal year 

4 2013, the Secretary of Homeland Security shall increase 

5 by not fewer than 30 the number of full-time Customs and 

6 Border Protection agriculture specialists for United States 

7 ports of entry along the southern border above the number 

8 of such agriculture specialists for which funds were made 

9 available during fiscal year 2012. 

10 (c) BORDER SECURITY SUPPORT PERSONNEL.— 

11 During fiscal year 2013, the Secretary of Homeland Secu12 rity shall increase by not fewer than 10 the number of 

13 full-time border security support personnel for United 

14 States ports of entry along the southern border above the 

15 number of such support personnel for which funds were 

16 made available during fiscal year 2012. 

17 (d) PRIORITY.—In making personnel additions de18 scribed in subsections (a), (b), and (c), the Commissioner 

19 of Customs and Border Protection shall give priority to 

20 the Tucson Sector. 

21 SEC. 9. SOUTHWEST BORDER STRATEGY FOR SECURITY 

22 AND PROSPERITY. 

23 (a) REQUIREMENT FOR STRATEGY.—The Secretary 

24 of Homeland Security, in consultation with the heads of 

25 other appropriate Federal departments and agencies, shall 


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1 develop and annually update a Southwest Border Strategy 

2 for Security and Prosperity that describes actions to be 

3 carried out to facilitate trade and maintain operational 

4 control over all land ports of entry into the United States 

5 along the southern border. 

6 (b) CONTENT.—The Southwest Border Strategy for 

7 Security and Prosperity described in subsection (a) shall 

8 include the following: 

9 (1) An assessment of staffing needs for all land 

10 ports of entry into the United States along the 

11 southern border. 

12 (2) An assessment of infrastructure needs for 

13 all land ports of entry into the United States along 

14 the southern border. 

15 (3) An assessment of the traffic patterns of 

16 commercial and passenger vehicles entering and 

17 exiting the United States at land ports of entry 

18 along the southern border. 

19 (4) An assessment of the negative economic im20 pact, if any, on the United States due to wait times 

21 at land ports of entry along the southern border. 

22 (5) A description of ways to ensure that the 

23 free flow of legitimate travel and commerce is not di24 minished by efforts, activities, or programs aimed at 


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1 securing the international land ports of entry along 

2 the United States-Mexico border. 

3 (6) A schedule for the implementation of the se4 curity measures described in such Strategy, includ5 ing realistic deadlines for addressing staffing and in6 frastructure needs identified in paragraphs (1) and 

7 (2), an estimate of the resources needed to carry out 

8 such measures, and a description of how such re9 sources should be allocated. 

10 (c) CONSULTATION.—In developing the Southwest 

11 Border Strategy for Security and Prosperity under this 

12 section, the Secretary of Homeland Security shall also 

13 consult with representatives of— 

14 (1) State, local, and tribal authorities from Ari15 zona, California, New Mexico, and Texas; and 

16 (2) appropriate private sector entities, non17 governmental organizations, and affected commu18 nities that have expertise in areas related to border 

19 management and international trade across southern 

20 ports of entry. 

21 (d) SUBMISSION TO CONGRESS.— 

22 (1) STRATEGY.—Not later than one year after 

23 the date of the enactment of this Act and annually 

24 thereafter, the Secretary of Homeland Security shall 


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1 submit to Congress the Southwest Border Strategy 

2 for Security and Prosperity. 

3 (2) UPDATES.—In addition to the timeline for 

4 submissions of the Southwest Border Strategy for 

5 Security and Prosperity described in paragraph (1), 

6 the Secretary of Homeland Security shall submit to 

7 Congress any change of such Strategy that the Sec8 retary determines is necessary, not later than 30 

9 days after such determination. 

10 SEC. 10. BORDER TECHNOLOGY AND INNOVATION. 

11 There are authorized to be appropriated to the De12 partment of Homeland Security $200,000,000 for fiscal 

13 year 2013 solely for integrated fixed towers, remote video 

14 cameras, hand-held devices, mobile systems, and other 

15 technologies in Arizona. 

16 SEC. 11. BORDER SMALL BUSINESS REVITALIZATION 

17 GRANTS. 

18 (a) GRANT PROGRAM.—The Administrator of the 

19 Small Business Administration shall establish a program 

20 under which grants may be provided to develop and revi21 talize small businesses located along the United States22 Mexico border. 

23 (b) APPLICATIONS AND CONDITIONS.—In conducting 

24 the grant program described in subsection (a), the Admin25 istrator— 


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1 (1) shall establish a notification and application 

2 procedure; and 

3 (2) may establish such conditions, and require 

4 such assurances, as may be appropriate to ensure 

5 the efficiency and integrity of such grant program. 

6 (c) SUNSET.—The grant program described in sub7 section (a) shall terminate on the date that is five years 

8 after the date of the enactment of this Act. 

9 (d) LIMITATION.— 

10 (1) IN GENERAL.—The sum for all fiscal years 

11 of the amounts awarded as grants under this section 

12 may not exceed $100,000,000. 

13 (2) REQUIREMENT.—To be eligible for a grant 

14 under this section, a small business shall be located 

15 within 10 miles of the United States-Mexico border. 

16 SEC. 12. FEDERAL CONTRACTING REQUIREMENTS. 

17 (a) IN GENERAL.— 

18 (1) LOCAL SUBCONTRACTOR.—Except as pro19 vided in paragraphs (2) and (3), the head of an Ex20 ecutive agency may not award a contract unless 30 

21 percent of the labor for the performance of the con22 tract (or any subcontract (at any tier) under the 

23 contract) is performed by a local subcontractor. 

24 (2) STATE SUBCONTRACTOR.—Notwithstanding 

25 paragraph (1) and except as provided in paragraph 


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1 (3), if the head of an Executive agency determines 

2 that the requirement of paragraph (1) is not prac3 ticable, such head may award a contract if 30 per4 cent of the labor for the performance of the contract 

5 (or any subcontract (at any tier) under the contract) 

6 is performed by a State subcontractor. 

7 (3) WAIVER OF REQUIREMENT.—Notwith8 standing paragraphs (1) and (2), if the head of an 

9 Executive agency determines that the requirements 

10 of paragraphs (1) and (2) are not practicable, such 

11 head may award a contract without meeting such re12 quirements. 

13 (b) DEFINITIONS.—In this section: 

14 (1) EXECUTIVE AGENCY.—The term ‘‘Executive 

15 agency’’ has the meaning given that term in section 

16 133 of title 41, United States Code. 

17 (2) LOCAL SUBCONTRACTOR.—The term ‘‘local 

18 subcontractor’’ means, with respect to a contract, a 

19 subcontractor who has a principal place of business 

20 or regularly conducts operations in the area in which 

21 work is to be performed under the contract by the 

22 subcontractor. 

23 (3) STATE.—The term ‘‘State’’ means each of 

24 the several States, the District of Columbia, each 


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1 territory or possession of the United States, and 

2 each federally recognized Indian tribe. 

3 (4) STATE SUBCONTRACTOR.—The term ‘‘State 

4 subcontractor’’ means, with respect to a contract, a 

5 subcontractor who has a principal place of business 

6 or regularly conducts operations in the State in 

7 which work is to be performed under the contract by 

8 the subcontractor. 

9 (c) APPLICABILITY.—The requirements under this 

10 section shall apply to agreements entered into on or after 

11 the date of the enactment of this Act. 

Æ 


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