I 
113TH CONGRESS 
1ST SESSION 
H. R. 548 
To restore growth, spur job creation, build momentum toward economic recov-
ery for border communities and the United States, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2013 
Mr. GRIJALVA introduced the following bill; which was referred to the Com-
mittee 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 com-
mittee concerned 
A BILL 
To restore growth, spur job creation, build momentum to-
ward economic recovery for border communities and the 
United States, 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 ‘‘Border Infrastructure 
and Jobs Act of 2013’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(ii) representative of a broad cross 
section of perspectives from the region 
along the international border between the 
United States and Mexico. 
(B) POLITICAL
AFFILIATION.—Not more 
than two members of the Commission appointed 
by each Governor in accordance with paragraph 
(3)(A) may be members of the same political 
party. 
(C) NONGOVERNMENTAL
APPOINTEES.— 
An individual appointed as a voting member to 
the Commission may not be an officer or em-
ployee of the Federal Government. 
(5) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed not later 
than six months after the date of the enactment of 
this Act. If any member of the Commission de-
scribed in paragraph (3)(A) is not appointed by such 
date, the Commission shall carry out its duties 
under this section without participation of such 
member. 
(6) TERM OF SERVICE.—The term of office for 
members shall be for the life of the Commission. 
(7) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in 
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the same manner in which the original appointment 
was made. 
(8) MEETINGS.— 
(A) INITIAL
MEETING.—The Commission 
shall meet and begin the operations of the Com-
mission as soon as practical. 
(B) SUBSEQUENT
MEETINGS.—After its 
initial meeting, the Commission shall meet upon 
the call of the chairman or a majority of its 
members. 
(C) OUTREACH.—The Commission shall 
formulate and implement an effective outreach 
strategy to border communities along the 
United States-Mexico border. 
(9) QUORUM.—Nine members of the Commis-
sion shall constitute a quorum. 
(10) CHAIR
AND
VICE
CHAIR.—The voting 
members of the Commission shall elect a Chairman 
and Vice Chairman from among its voting members. 
The term of office shall be for the life of the Com-
mission. 
(11) STRUCTURE.—The Commission shall have 
a Federal, regional, and local review structure, and 
shall be divided into two subcommittees, one such 
subcommittee focused on border technology, equip-
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ment, and infrastructure, and one such sub-
committee focused on cross-border trade policies and 
programs. 
(b) DUTIES.—The Commission shall review and ex-
amine cross-border trade policies, strategies, and pro-
grams with Mexico, including— 
(1) the effect of operations, technology, and in-
frastructure along such border on the— 
(A) environment; 
(B) cross-border traffic and commerce; 
(C) privacy rights and other civil liberties; 
and 
(D) the quality of life of border commu-
nities; 
(2) the extent of the negative economic impact, 
if any, on the United States due to staffing needs 
at land ports of entry along the such border; 
(3) whether border policies and practices ensure 
that the free flow of legitimate travel and commerce 
is not diminished by efforts, activities, and programs 
aimed at securing the international land ports of 
entry along the United States-Mexico border; and 
(4) any other matters regarding cross-border 
trade policies, strategies, and programs the Commis-
sion determines appropriate. 
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(c) POWERS OF COMMISSION.— 
(1) IN GENERAL.— 
(A) 
HEARINGS
AND
EVIDENCE.—The 
Commission or, on the authority of the Com-
mission, any subcommittee or member thereof, 
may, for the purpose of carrying out this Act— 
(i) hold such hearings and sit and act 
at such times and places, take such testi-
mony, receive such evidence, administer 
such oaths; and 
(ii) subject to subparagraph (B), re-
quire, by subpoena or otherwise, the at-
tendance and testimony of such witnesses 
and the production of such books, records, 
correspondence, memoranda, papers, and 
documents as the Commission or such des-
ignated subcommittee or designated mem-
ber may determine advisable. 
(B) SUBPOENAS.— 
(i) ISSUANCE.—A subpoena may be 
issued under this subsection only— 
(I) by the agreement of the 
chairman and the vice chairman; or 
(II) by the affirmative vote of six 
members of the Commission. 
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(ii) SIGNATURE.—Subject to clause 
(i), subpoenas issued under this subsection 
may be issued under the signature of the 
chairman or any member designated by a 
majority of the Commission, and may be 
served by any person designated by the 
chairman or by a member designated by a 
majority of the Commission. 
(iii) ENFORCEMENT.—In the case of 
contumacy or failure to obey a subpoena 
issued under this paragraph, the United 
States district court for the judicial district 
in which the subpoenaed person resides, is 
served, or may be found, or where the sub-
poena is returnable, may issue an order re-
quiring such person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. Any failure to 
obey the order of such court may be pun-
ished by such court as a contempt of such 
court. 
(2) CONTRACTING.—The Commission may, to 
such extent and in such amounts as are provided in 
appropriation Acts, enter into contracts to enable 
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the Commission to discharge its duties under this 
Act. 
(3) INFORMATION FROM FEDERAL AGENCIES.— 
(A) IN GENERAL.—The Commission is au-
thorized to secure directly from any executive 
department, bureau, agency, board, commission, 
office, independent establishment, or instrumen-
tality of the Government, information, sugges-
tions, estimates, and statistics for the purposes 
of carrying out this Act. Each such department, 
bureau, agency, board, commission, office, inde-
pendent establishment, or instrumentality shall, 
to the extent authorized by law, furnish such 
information, suggestions, estimates, and statis-
tics directly to the Commission, upon request 
made by the chairman, the chairman of any 
subcommittee created by a majority of the 
Commission, or any member designated by a 
majority of the Commission. 
(B) RECEIPT, HANDLING, STORAGE, AND 
DISSEMINATION.—Information, suggestions, es-
timates, and statistics referred to in subpara-
graph (A) shall only be received, handled, 
stored, and disseminated by members of the 
Commission and its staff in accordance with all 
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applicable statutes, regulations, and Executive 
orders. 
(4) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall provide to the Commission on a reimburs-
able basis administrative support and other 
services for the performance of the Commis-
sion’s functions. 
(B) OTHER
DEPARTMENTS
AND
AGEN-
CIES.—In addition to the assistance prescribed 
in subparagraph (A), the heads of Federal de-
partments and agencies may provide to the 
Commission such services, funds, facilities, 
staff, and other support services as they may 
determine advisable and as may be authorized 
by law. 
(5) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as Federal departments 
and agencies of the United States. 
(d) COMPENSATION.— 
(1) IN GENERAL.—Members of the Commission 
shall serve without pay. 
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(2) REIMBURSEMENT OF EXPENSES.—All mem-
bers of the Commission shall be reimbursed for rea-
sonable travel expenses and subsistence, and other 
reasonable and necessary expenses incurred by such 
members in the performance of their duties. 
(e) TRAINING.—The Commission shall establish a 
process and criteria by which Commission members re-
ceive orientation and training on cross-border trade poli-
cies, strategies, and programs with respect to Mexico. 
(f) REPORT.—Not later than two years after the date 
of the first meeting called pursuant to subsection 
(a)(8)(A), the Commission shall submit to the President, 
the Secretary of Homeland Security, the Secretary of 
Commerce, and Congress a report that contains— 
(1) findings with respect to the duties of the 
Commission; 
(2) recommendations regarding cross-border 
trade policies, strategies, and programs with respect 
to Mexico; 
(3) suggestions for the implementation of such 
recommendations; and 
(4) a recommendation as to whether the Com-
mission should continue to exist after the date of 
termination described in subsection (i), and if so, a 
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description of the purposes and duties recommended 
to be carried out by the Commission after such date. 
(g) RESPONSE TO REPORT.—Not later than 180 days 
after the receipt of the report required under subsection 
(f), the Secretary of Homeland Security and the Secretary 
of Commerce shall jointly issue a response describing how 
the Department of Homeland Security and the Depart-
ment of Commerce will implement the recommendations 
contained in such report. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
(i) SUNSET.—Unless the Commission is re-authorized 
by Congress, the Commission shall terminate on the date 
that is 60 days after the date the Commission submits 
the report described in subsection (f). 
SEC. 
4. 
PORT 
SECURITY 
AND 
TRADE 
FACILITATION 
GRANTS. 
(a) GRANT PROGRAM.—The Secretary of Commerce, 
in consultation with the Secretary of Homeland Security, 
shall establish a program under which grants may be pro-
vided to develop and expand trusted shipper programs for 
small- and medium-sized businesses for the purpose of fa-
cilitating border commerce. 
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(b) APPLICATIONS AND CONDITIONS.—In carrying 
out the grant program described in subsection (a), the 
Secretary of Commerce— 
(1) shall establish a notification and application 
procedure; and 
(2) may establish such conditions, and require 
such assurances, as may be appropriate to ensure 
the efficiency and integrity of the grant program. 
(c) SUNSET.—The grant program described in sub-
section (a) shall terminate on the date that is five years 
after the date of the enactment of this Act. 
(d) LIMITATION.—The sum for all fiscal years of the 
amounts awarded as grants under this section may not 
exceed $10,000,000. 
SEC. 5. IMPROVING PORTS OF ENTRY ON THE SOUTHWEST 
BORDER FOR BORDER SECURITY AND OTHER 
PURPOSES. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Administrator of the General Services Ad-
ministration— 
(1) $200,000,000 for fiscal 2014 solely for 
planning, management, design, alteration, and con-
struction of United States Customs and Border Pro-
tection owned land border ports of entry along the 
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international border between the United States and 
Mexico; and 
(2) $100,000,000 for fiscal year 2014 solely for 
the installation of renewable energy retrofits at land 
border ports of entry along the international border 
between the United States and Mexico. 
(b) ALLOCATION OF AUTHORIZED FUNDS.—Of the 
amounts authorized to be appropriated pursuant to sub-
section (a)(1)— 
(1) not more than 40 percent may be set aside 
for the San Luis I land port of entry; and 
(2) not more than 60 percent may be set aside 
for the Douglas land port of entry. 
SEC. 6. IMPROVING WASTE WATER TREATMENT INFRA-
STRUCTURE. 
There are authorized to be appropriated to the Inter-
national Boundary and Water Commission $50,000,000 
for fiscal 2014 solely for planning, management, design, 
alteration, and construction of the International Outfall 
Interceptor (IOI) and the Nogales Wash Channel. 
SEC. 7. IMPROVING CROSS-BORDER TRANSPORTATION. 
(a) IN GENERAL.—There are authorized to be appro-
priated 
to 
the 
Federal 
Highway 
Administration 
$100,000,000 for fiscal 2014 for— 
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(1) improvements to existing transportation and 
supporting infrastructure along the United States- 
Mexico border; 
(2) construction of highways and related safety 
and enforcement facilities related to international 
trade with Mexico; and 
(3) international coordination of transportation 
planning, programming, and border operations with 
Mexico. 
(b) ALLOCATION
OF
AUTHORIZED
FUNDS.—Of 
amounts authorized to be appropriated pursuant to sub-
section (a), not more than 30 percent may be set aside 
for projects 50 miles from the United States-Mexico bor-
der. 
SEC. 8. INCREASE IN NUMBER OF CUSTOMS AND BORDER 
PROTECTION OFFICERS ON THE SOUTHWEST 
BORDER OF THE UNITED STATES. 
(a) CUSTOMS
AND BORDER PROTECTION OFFI-
CERS.—During fiscal year 2014, the Secretary of Home-
land Security shall increase by not fewer than 500 the 
total number of full-time, active-duty Customs and Border 
Protection officers within United States Customs and Bor-
der Protection for posting at United States ports of entry 
along the southern border above the number of such offi-
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cers for which funds were made available during fiscal 
year 2013. 
(b) AGRICULTURE SPECIALISTS.—During fiscal year 
2014, the Secretary of Homeland Security shall increase 
by not fewer than 30 the number of full-time Customs and 
Border Protection agriculture specialists for United States 
ports of entry along the southern border above the number 
of such agriculture specialists for which funds were made 
available during fiscal year 2013. 
(c) BORDER SECURITY SUPPORT PERSONNEL.— 
During fiscal year 2014, the Secretary of Homeland Secu-
rity shall increase by not fewer than 10 the number of 
full-time border security support personnel for United 
States ports of entry along the southern border above the 
number of such support personnel for which funds were 
made available during fiscal year 2013. 
(d) PRIORITY.—In making personnel additions de-
scribed in subsections (a), (b), and (c), the Commissioner 
of Customs and Border Protection shall give priority to 
the Tucson Sector. 
SEC. 9. SOUTHWEST BORDER STRATEGY FOR SECURITY 
AND PROSPERITY. 
(a) REQUIREMENT FOR STRATEGY.—The Secretary 
of Homeland Security, in consultation with the heads of 
other appropriate Federal departments and agencies, shall 
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develop and annually update a Southwest Border Strategy 
for Security and Prosperity that describes actions to be 
carried out to facilitate trade and maintain operational 
control over all land ports of entry into the United States 
along the southern border. 
(b) CONTENT.—The Southwest Border Strategy for 
Security and Prosperity described in subsection (a) shall 
include the following: 
(1) An assessment of staffing needs for all land 
ports of entry into the United States along the 
southern border. 
(2) An assessment of infrastructure needs for 
all land ports of entry into the United States along 
the southern border. 
(3) An assessment of the traffic patterns of 
commercial and passenger vehicles entering and 
exiting the United States at land ports of entry 
along the southern border. 
(4) An assessment of the negative economic im-
pact, if any, on the United States due to wait times 
at land ports of entry along the southern border. 
(5) A description of ways to ensure that the 
free flow of legitimate travel and commerce is not di-
minished by efforts, activities, or programs aimed at 
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securing the international land ports of entry along 
the United States-Mexico border. 
(6) A schedule for the implementation of the se-
curity measures described in such Strategy, includ-
ing realistic deadlines for addressing staffing and in-
frastructure needs identified in paragraphs (1) and 
(2), an estimate of the resources needed to carry out 
such measures, and a description of how such re-
sources should be allocated. 
(c) CONSULTATION.—In developing the Southwest 
Border Strategy for Security and Prosperity under this 
section, the Secretary of Homeland Security shall also 
consult with representatives of— 
(1) State, local, and tribal authorities from Ari-
zona, California, New Mexico, and Texas; and 
(2) appropriate private sector entities, non-
governmental organizations, and affected commu-
nities that have expertise in areas related to border 
management and international trade across southern 
ports of entry. 
(d) SUBMISSION TO CONGRESS.— 
(1) STRATEGY.—Not later than one year after 
the date of the enactment of this Act and annually 
thereafter, the Secretary of Homeland Security shall 
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submit to Congress the Southwest Border Strategy 
for Security and Prosperity. 
(2) UPDATES.—In addition to the timeline for 
submissions of the Southwest Border Strategy for 
Security and Prosperity described in paragraph (1), 
the Secretary of Homeland Security shall submit to 
Congress any change of such Strategy that the Sec-
retary determines is necessary, not later than 30 
days after such determination. 
SEC. 10. BORDER TECHNOLOGY AND INNOVATION. 
There are authorized to be appropriated to the De-
partment of Homeland Security $200,000,000 for fiscal 
year 2014 solely for integrated fixed towers, remote video 
cameras, hand-held devices, mobile systems, and other 
technologies in Arizona. 
SEC. 
11. 
BORDER 
SMALL 
BUSINESS 
REVITALIZATION 
GRANTS. 
(a) GRANT PROGRAM.—The Administrator of the 
Small Business Administration shall establish a program 
under which grants may be provided to develop and revi-
talize small businesses located along the United States- 
Mexico border. 
(b) APPLICATIONS AND CONDITIONS.—In conducting 
the grant program described in subsection (a), the Admin-
istrator— 
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(1) shall establish a notification and application 
procedure; and 
(2) may establish such conditions, and require 
such assurances, as may be appropriate to ensure 
the efficiency and integrity of such grant program. 
(c) SUNSET.—The grant program described in sub-
section (a) shall terminate on the date that is five years 
after the date of the enactment of this Act. 
(d) LIMITATION.— 
(1) IN GENERAL.—The sum for all fiscal years 
of the amounts awarded as grants under this section 
may not exceed $100,000,000. 
(2) REQUIREMENT.—To be eligible for a grant 
under this section, a small business shall be located 
within 10 miles of the United States-Mexico border. 
SEC. 12. FEDERAL CONTRACTING REQUIREMENTS. 
(a) IN GENERAL.— 
(1) LOCAL SUBCONTRACTOR.—Except as pro-
vided in paragraphs (2) and (3), the head of an Ex-
ecutive agency may not award a contract unless 30 
percent of the labor for the performance of the con-
tract (or any subcontract (at any tier) under the 
contract) is performed by a local subcontractor. 
(2) STATE SUBCONTRACTOR.—Notwithstanding 
paragraph (1) and except as provided in paragraph 
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(3), if the head of an Executive agency determines 
that the requirement of paragraph (1) is not prac-
ticable, such head may award a contract if 30 per-
cent of the labor for the performance of the contract 
(or any subcontract (at any tier) under the contract) 
is performed by a State subcontractor. 
(3) 
WAIVER
OF
REQUIREMENT.—Notwith-
standing paragraphs (1) and (2), if the head of an 
Executive agency determines that the requirements 
of paragraphs (1) and (2) are not practicable, such 
head may award a contract without meeting such re-
quirements. 
(b) DEFINITIONS.—In this section: 
(1) EXECUTIVE AGENCY.—The term ‘‘Executive 
agency’’ has the meaning given that term in section 
133 of title 41, United States Code. 
(2) LOCAL SUBCONTRACTOR.—The term ‘‘local 
subcontractor’’ means, with respect to a contract, a 
subcontractor who has a principal place of business 
or regularly conducts operations in the area in which 
work is to be performed under the contract by the 
subcontractor. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, each 
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territory or possession of the United States, and 
each federally recognized Indian tribe. 
(4) STATE SUBCONTRACTOR.—The term ‘‘State 
subcontractor’’ means, with respect to a contract, a 
subcontractor who has a principal place of business 
or regularly conducts operations in the State in 
which work is to be performed under the contract by 
the subcontractor. 
(c) APPLICABILITY.—The requirements under this 
section shall apply to agreements entered into on or after 
the date of the enactment of this Act. 
Æ 
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