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 re-
ferred 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 Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To provide emergency funding for port of entry personnel 
and infrastructure. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Port of 
Entry Personnel and Infrastructure Funding Act of 
2013’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the General 
Services Administration. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
(3) NORTHERN BORDER.—The term ‘‘Northern 
border’’ means the international border between the 
United States and Canada. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(5) SOUTHERN BORDER.—The term ‘‘Southern 
border’’ means the international border between the 
United States and Mexico. 
SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION PER-
SONNEL. 
(a) STAFF ENHANCEMENTS.— 
(1) AUTHORIZATION.—In addition to positions 
authorized before the date of the enactment of this 
Act and any existing officer vacancies within U.S. 
Customs and Border Protection on such date, the 
Secretary, subject to the availability of appropria-
tions for such purpose, shall hire, train, and assign 
to duty, by not later than September 30, 2019— 
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(A) 5,000 full-time U.S. Customs and Bor-
der Protection officers to serve on all inspection 
lanes (primary, secondary, incoming, and out-
going) and enforcement teams at United States 
land ports of entry on the Northern border and 
the Southern border; and 
(B) 350 full-time support staff for all 
United States ports of entry. 
(2) WAIVER
OF
FTE
LIMITATION.—The Sec-
retary may waive any limitation on the number of 
full-time equivalent personnel assigned to the De-
partment of Homeland Security in order to carry 
out paragraph (1). 
(b) REPORTS TO CONGRESS.— 
(1) OUTBOUND INSPECTIONS.—Not later than 
90 days after the date of the enactment of this Act, 
the Secretary shall submit a report containing the 
Department of Homeland Security’s plans for ensur-
ing the placement of sufficient U.S. Customs and 
Border Protection officers on outbound inspections, 
and adequate outbound infrastructure, at all South-
ern border land ports of entry to— 
(A) the Committee on the Judiciary of the 
Senate; 
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(B) the Committee on the Judiciary of the 
House of Representatives; 
(C) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(D) the Committee on Homeland Security 
of the House of Representatives. 
(2) SUFFICIENT
AGRICULTURAL
SPECIALISTS 
AND PERSONNEL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary, in 
consultation with the Secretary of Agriculture and 
the Secretary of Health and Human Services, shall 
submit a report to the committees set forth in para-
graph (1) that contains each department’s plans for 
ensuring the placement of sufficient U.S. Customs 
and Border Protection agriculture specialists, Ani-
mal and Plant Health Inspection Service ento-
mologist identifier specialists, Food and Drug Ad-
ministration consumer safety officers, and other rel-
evant and related personnel at all Southern border 
land ports of entry. 
(3) ANNUAL IMPLEMENTATION REPORT.—Not 
later than 1 year after the date of the enactment of 
this Act, and annually thereafter, the Secretary shall 
submit a report to the committees set forth in para-
graph (1) that— 
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(A) details the Department of Homeland 
Security’s implementation plan for the staff en-
hancements 
required 
under 
subsection 
(a)(1)(A); 
(B) includes the number of additional per-
sonnel assigned to duty at land ports of entry, 
classified by location; 
(C) describes the methodology used to de-
termine the distribution of additional personnel 
to address northbound and southbound cross- 
border inspections; and 
(D) includes— 
(i) the strategic plan required under 
section 5(a)(1); 
(ii) the model required under section 
5(b), including the underlying assump-
tions, factors, and concerns that guide the 
decisionmaking and allocation process; and 
(iii) the new outcome-based perform-
ance measures adopted under section 
5(c)(1). 
(c) SECURE COMMUNICATION.—The Secretary shall 
ensure that each U.S. Customs and Border Protection of-
ficer is equipped with a secure 2-way communication and 
satellite-enabled device, supported by system interoper-
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ability, that allows U.S. Customs and Border Protection 
officers to communicate— 
(1) between ports of entry and inspection sta-
tions; and 
(2) with other Federal, State, tribal, and local 
law enforcement entities. 
(d) BORDER AREA SECURITY INITIATIVE GRANT 
PROGRAM.—The Secretary shall establish a program for 
awarding grants for the purchase of— 
(1) identification and detection equipment; and 
(2) mobile, hand-held, 2-way communication de-
vices for State and local law enforcement officers 
serving on the Southern border. 
(e) PORT OF ENTRY INFRASTRUCTURE IMPROVE-
MENTS.—The Commissioner may aid in the enforcement 
of Federal customs, immigration, and agriculture laws 
by— 
(1) designing, constructing, and modifying— 
(A) United States ports of entry; 
(B) living quarters for officers, agents, and 
personnel; 
(C) technology and equipment, including 
those deployed in support of standardized and 
automated collection of vehicular travel time; 
and 
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(D) other structures and facilities, includ-
ing those owned by municipalities, local govern-
ments, or private entities located at land ports 
of entry; 
(2) acquiring, by purchase, donation, exchange, 
or otherwise, land or any interest in land determined 
to be necessary to carry out the Commissioner’s du-
ties under this section; and 
(3) constructing additional ports of entry along 
the Southern border and the Northern border. 
(f) PRIORITIZATION.—In selecting improvements 
under subsection (e), the Commissioner, in coordination 
with the Administrator shall give priority consideration to 
projects that will substantially— 
(1) reduce commercial and passenger vehicle 
and pedestrian crossing wait times at one or more 
ports of entry on the same border; 
(2) increase trade, travel efficiency, and the 
projected total annual volume at one or more ports 
of entry on the same border; and 
(3) enhance safety and security at border facili-
ties at one or more ports of entry on the same bor-
der. 
(g) CONSULTATION.— 
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(1) LOCATIONS FOR NEW PORTS OF ENTRY.— 
The Secretary is encouraged to consult with the Sec-
retary of the Interior, the Secretary of Agriculture, 
the Secretary of State, the International Boundary 
and Water Commission, the International Joint 
Commission, and appropriate representatives of 
States, Indian tribes, local governments, and prop-
erty owners— 
(A) to determine locations for new ports of 
entry; and 
(B) to minimize adverse impacts from such 
ports on the environment, historic and cultural 
resources, commerce, and the quality of life of 
the communities and residents located near 
such ports. 
(2) SAVINGS PROVISION.—Nothing in this sub-
section may be construed— 
(A) to create any right or liability of the 
parties described in paragraph (1); 
(B) to affect the legality or validity of any 
determination by the Secretary under this Act; 
or 
(C) to affect any consultation requirement 
under any other law. 
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(h) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not-
withstanding any other provision of law, if the Secretary 
determines that the acquisition of a leasehold interest in 
real property and the construction or modification of any 
facility on the leased property are necessary to facilitate 
the implementation of this Act, the Secretary may— 
(1) acquire such leasehold interest; and 
(2) construct or modify such facility. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section, 
for each of the fiscal years 2014 through 2019, 
$1,000,000,000, of which $5,000,000 shall be used for 
grants authorized under subsection (d). 
(j) OFFSET, RESCISSION
OF UNOBLIGATED FED-
ERAL FUNDS.— 
(1) IN GENERAL.—There is hereby rescinded, 
from appropriated discretionary funds that remain 
available for obligation on the date of the enactment 
of this Act (other than the unobligated funds re-
ferred to in paragraph (4)), amounts determined by 
the Director of the Office of Management and Budg-
et that are equal, in the aggregate, to the amount 
authorized to be appropriated under subsection (i). 
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(2) IMPLEMENTATION.—The Director of the 
Office of Management and Budget shall determine 
and identify— 
(A) the appropriation accounts from which 
the rescission under paragraph (1) shall apply; 
and 
(B) the amount of the rescission that shall 
be applied to each such account. 
(3) REPORT.—Not later than 60 days after the 
date of the enactment of this Act, the Director of 
the Office of Management and Budget shall submit 
a report to Congress and to the Secretary of the 
Treasury that describes the accounts and amounts 
determined and identified under paragraph (2) for 
rescission under paragraph (1). 
(4) EXCEPTIONS.—This subsection shall not 
apply to unobligated funds of— 
(A) the Department of Defense; 
(B) the Department of Veterans Affairs; or 
(C) the Department of Homeland Security. 
SEC. 4. CROSS-BORDER TRADE ENHANCEMENT. 
(a) AGREEMENTS AUTHORIZED.—For purposes of 
facilitating the construction, alteration, operation, or 
maintenance of a new or existing facility or other infra-
structure at a port of entry, the Administrator may— 
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(1) enter into cost-sharing or reimbursement 
agreements; or 
(2) accept donations of— 
(A) real or personal property (including 
monetary donations); or 
(B) nonpersonal services. 
(b) EVALUATION PROCEDURES.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Ad-
ministrator, in consultation with the Secretary, shall 
establish procedures for evaluating a proposal sub-
mitted by any person under subsection (a)— 
(A) to enter into a cost-sharing or reim-
bursement agreement with the General Services 
Administration to facilitate the construction, al-
teration, operation, or maintenance of a new or 
existing facility or other infrastructure at a 
land border port of entry; or 
(B) to provide the Administration with a 
donation of real or personal property (including 
monetary donations) or nonpersonal services to 
be used in the construction, alteration, oper-
ation, or maintenance of a facility or other in-
frastructure at a land border port of entry 
under the control of the Administration. 
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(2) SPECIFICATION.—Donations made under 
paragraph (1)(B) may specify— 
(A) the land port of entry facility or facili-
ties in support of which the donation is being 
made; and 
(B) the time frame in which the donated 
property or services shall be used. 
(3) RETURN OF DONATION.—If the Adminis-
trator does not use the property or services donated 
pursuant to paragraph (1)(B) for the specific facility 
or facilities designated pursuant to paragraph (2)(A) 
or within the time frame specified pursuant to para-
graph (2)(B), such donated property or services 
shall be returned to the person that made the dona-
tion. 
(4) DETERMINATION AND NOTIFICATION.— 
(A) IN GENERAL.—Not later than 90 days 
after receiving a proposal pursuant to sub-
section (a) with respect to the construction or 
maintenance of a facility or other infrastructure 
at a land border port of entry, the Adminis-
trator shall— 
(i) make a determination with respect 
to whether or not to approve the proposal; 
and 
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(ii) notify the person that submitted 
the proposal of— 
(I) the determination; and 
(II) if the Administrator did not 
approve the proposal, the reasons for 
such disapproval. 
(B) 
CONSIDERATIONS.—In 
determining 
whether or not to approve a proposal under this 
subsection, the Administrator shall consider— 
(i) the impact of the proposal on re-
ducing wait times at that port of entry and 
other ports of entry on the same border; 
(ii) the potential of the proposal to in-
crease trade and travel efficiency through 
added capacity; and 
(iii) the potential of the proposal to 
enhance the security of the port of entry. 
(c) DELEGATION.—For facilities at which the Admin-
istrator has delegated or transferred to the Secretary, op-
erations, ownership, or other authorities over land border 
ports of entry, the authorities and requirements of the Ad-
ministrator under this section shall be deemed to apply 
to the Secretary. 
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SEC. 5. IMPLEMENTATION OF GOVERNMENT ACCOUNT-
ABILITY OFFICE FINDINGS. 
(a) BORDER WAIT TIME DATA COLLECTION.— 
(1) STRATEGIC PLAN.—The Secretary, in con-
sultation with the Commissioner, the Administrator 
of the Federal Highway Administration, State De-
partments of Transportation, and other public and 
private stakeholders, shall develop a strategic plan 
for standardized collection of vehicle wait times at 
land ports of entry. 
(2) ELEMENTS.—The strategic plan required 
under paragraph (1) shall include— 
(A) a description of how U.S. Customs and 
Border Protection will ensure standardized 
manual wait time collection practices at ports of 
entry; 
(B) a timeline for incorporating standard-
ized data into existing online platforms for pub-
lic reporting; 
(C) the identification of a standardized 
measurement and validation wait time data tool 
for use at all land ports of entry; and 
(D) an assessment of the feasibility and 
cost for supplementing and replacing manual 
data collection with automation, which should 
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utilize existing automation efforts and re-
sources. 
(b) STAFF ALLOCATION.—The Secretary, in con-
sultation with the Commissioner and State, municipal, and 
private sector stakeholders at each port of entry, shall de-
velop a standardized model for the allocation of U.S. Cus-
toms and Border Protection officers and support staff at 
land ports of entry, including allocations specific to field 
offices and the port level that utilizes— 
(1) current and future operational priorities 
and threats; 
(2) historical staffing levels and patterns; and 
(3) anticipated traffic flows. 
(c) OUTCOME-BASED PERFORMANCE MEASURES.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Commissioner and relevant public and 
private sector stakeholders, shall identify and adopt 
new outcome-based performance measures that sup-
port the trade facilitation goals of U.S. Customs and 
Border Protection. 
(2) EFFECT OF TRUSTED TRAVELER AND SHIP-
PER PROGRAMS.—Outcome-based performance meas-
ures identified under this subsection may include— 
(A) the extent to which trusted traveler 
and shipper program participants experience 
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decreased annual percentage wait time com-
pared to nonparticipants; and 
(B) the extent to which trusted traveler 
and shipper program participants experience an 
annual reduction in percentage of referrals to 
secondary inspection facilities compared to non-
participants. 
(3) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary 
shall submit a report to the committees set forth in 
section 3(b)(1) that identifies— 
(A) the new performance measures devel-
oped under this subsection; and 
(B) the process for the incorporation of 
such measures into existing performance meas-
ures. 
Æ 
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