I 
114TH CONGRESS 
1ST SESSION 
H. R. 883 
To provide emergency funding for port of entry personnel and infrastructure, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2015 
Mr. O’ROURKE (for himself and Mr. CUELLAR) introduced the following bill; 
which was referred to the Committee on Homeland Security, and in addi-
tion to the Committees on Ways and Means, Appropriations, and Trans-
portation and Infrastructure, 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. 
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 
2015’’. 
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) RELEVANT COMMITTEES OF CONGRESS.— 
The term ‘‘relevant committees of Congress’’ 
means— 
(A) the Committee on Environment and 
Public Works of the Senate; 
(B) the Committee on Finance of the Sen-
ate; 
(C) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(D) the Committee on the Judiciary of the 
Senate; 
(E) the Committee on Homeland Security 
of the House of Representatives; 
(F) the Committee on the Judiciary of the 
House of Representatives; and 
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(G) the Committee on Transportation and 
Infrastructure of the House of Representatives. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(6) 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, 2020— 
(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. 
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(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). 
(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-
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.— 
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(1) IN GENERAL.—The Commissioner may aid 
in the enforcement of Federal customs, immigration, 
and agriculture laws by— 
(A) designing, constructing, and modi-
fying— 
(i) United States ports of entry; 
(ii) living quarters for officers, agents, 
and personnel; 
(iii) technology and equipment, includ-
ing those deployed in support of standard-
ized and automated collection of vehicular 
travel time; and 
(iv) other structures and facilities, in-
cluding those owned by municipalities, 
local governments, or private entities lo-
cated at land ports of entry; 
(B) acquiring, by purchase, donation, ex-
change, or otherwise, land or any interest in 
land determined to be necessary to carry out 
the Commissioner’s duties under this section; 
and 
(C) constructing additional ports of entry 
along the Southern border and the Northern 
border. 
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(2) PRIORITIZATION.—In selecting improve-
ments under this section, the Commissioner, in co-
ordination with the Administrator shall give priority 
consideration to projects that will substantially— 
(A) reduce commercial and passenger vehi-
cle and pedestrian crossing wait times at 1 or 
more ports of entry on the same border; 
(B) increase trade, travel efficiency, and 
the projected total annual volume at 1 or more 
ports of entry on the same border; and 
(C) enhance safety and security at border 
facilities at 1 or more ports of entry on the 
same border. 
(f) CONSULTATION.— 
(1) LOCATIONS FOR NEW PORTS OF ENTRY.— 
The Secretary shall consult with the Secretary 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 property owners, as 
appropriate— 
(A) to determine locations for new ports of 
entry; and 
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(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. 
(g) 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. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section, 
for each of the fiscal years 2015 through 2020, 
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$1,000,000,000, of which $5,000,000 shall be used for 
grants authorized under subsection (d). 
(i) 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 (h). 
(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 
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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.—Consistent with 
section 559 of the Department of Homeland Security Ap-
propriations Act, 2014 (6 U.S.C. 211 note), during the 
10-year period beginning on the date of the enactment of 
this Act, the Commissioner and the Administrator, for 
purposes of facilitating the construction, alteration, oper-
ation, or maintenance of a new or existing facility or other 
infrastructure at a port of entry under the jurisdiction, 
custody, and control of the Commissioner or the Adminis-
trator, may— 
(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. 
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(b) ALLOWABLE USES OF AGREEMENTS.—The Com-
missioner and the Administrator may— 
(1) use agreements authorized under subsection 
(a) for activities related to an existing or new port 
of entry, including expenses relating to— 
(A) land acquisition, design, construction, 
repair, or alternation; 
(B) furniture, fixtures, or equipment; 
(C) the deployment of technology or equip-
ment; and 
(D) operations and maintenance; or 
(2) transfer such property or services between 
the Commissioner and the Administrator for activi-
ties described in paragraph (1) relating to a new or 
existing port of entry under the jurisdiction, custody, 
and control of the relevant agency, subject to chap-
ter 33 of title 40, United States Code. 
(c) SAVINGS PROVISION.—Nothing in this section 
may be construed to alter or change agreements or au-
thorities authorized under section 559 of the Department 
of Homeland Security Appropriations Act, 2014 (division 
F of Public Law 113–76; 6 U.S.C. 211 note) and in place 
as of the date of enactment of this Act 
(d) EVALUATION PROCEDURES.— 
(1) IN GENERAL.— 
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(A) REQUIREMENT
FOR
PROCEDURES.— 
The Commissioner, in consultation with the Ad-
ministrator and consistent with section 559 of 
the Department of Homeland Security Appro-
priations Act, 2014 (6 U.S.C. 211 note), shall 
issue procedures for evaluating a proposal sub-
mitted by a person for an agreement authorized 
under subsection (a). 
(B) AVAILABILITY.—The procedures re-
quired under subparagraph (A) shall be made 
available to the public through a website of the 
Department of Homeland Security. 
(2) SPECIFICATION.—Proposals for agreements 
or donations referred to in subsection (a) may speci-
fy— 
(A) the land port of entry facility or facili-
ties in support of which the agreement is en-
tered into; and 
(B) the timeframe in which the contributed 
property or nonpersonal services shall be used. 
(3) SUPPLEMENTAL
FUNDING.—Any property 
(including monetary donations) or nonpersonal serv-
ices donated pursuant to subsection (a)(2) may be 
used in addition to any other funds, including appro-
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priated funds, property, or services made available 
for the same purpose. 
(4) RETURN OF DONATION.— 
(A) REQUIREMENT FOR RETURN.—If the 
Commissioner or the Administrator does not 
use the property or services donated pursuant 
to subsection (a)(2) for the specific facility or 
facilities designated by the person or within the 
timeframe specified by the person, such donated 
property or services shall be returned to the 
person that made the donation. 
(B) PROHIBITION ON INTEREST.—No in-
terest may be owed on any donation returned to 
a person under subparagraph (A). 
(5) 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 Commis-
sioner or the Administrator 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. 
(e) ANNUAL REPORT AND NOTICE TO CONGRESS.— 
The Commissioner, in collaboration with the Adminis-
trator, shall— 
(1) submit an annual report to the relevant 
committees of Congress describing agreements en-
tered into pursuant to subsection (a); and 
(2) not later than 3 days before entering into 
an agreement under subsection (a) with a person, 
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notify the members of Congress that represent the 
State and district in which the facility is located. 
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) current wait time collection practices 
at each land port of entry, which shall also be 
made available through existing online plat-
forms for public reporting; 
(C) the identification of a standardized 
measurement and validation wait time data tool 
for use at all land ports of entry; and 
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