(ii) the model required under section 
5(b), including the underlying assump-
tions, factors, and concerns that guide the 
decision-making 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. 
VerDate Sep 11 2014 
23:47 Apr 27, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5619.IH
H5619
lotter on DSKBCFDHB2PROD with BILLS
(e) PORT OF ENTRY INFRASTRUCTURE IMPROVE-
MENTS.— 
(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 technology and equipment deployed in 
support of standardized and automated 
collection of vehicular travel time; and 
(iv) other structures and facilities, in-
cluding structures and facilities owned by 
municipalities, local governments, or pri-
vate entities located 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 
VerDate Sep 11 2014 
23:47 Apr 27, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5619.IH
H5619
lotter on DSKBCFDHB2PROD with BILLS
(C) constructing additional ports of entry 
along the Southern border and the Northern 
border. 
(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 one or 
more ports of entry on the same border; 
(B) increase trade, travel efficiency, and 
the projected total annual volume at one or 
more ports of entry on the same border; and 
(C) enhance safety and security at border 
facilities at one 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, to— 
VerDate Sep 11 2014 
23:47 Apr 27, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5619.IH
H5619
lotter on DSKBCFDHB2PROD with BILLS
(A) determine locations for new ports of 
entry; and 
(B) 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 to— 
(A) create any right or liability of the par-
ties described in paragraph (1); 
(B) affect the legality or validity of any de-
termination by the Secretary under this Act; or 
(C) 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 such 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, 
VerDate Sep 11 2014 
23:47 Apr 27, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5619.IH
H5619
lotter on DSKBCFDHB2PROD with BILLS
for each of the fiscal years 2018 through 2023, 
$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 
to Congress and to the Secretary of the Treasury a 
VerDate Sep 11 2014 
23:47 Apr 27, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5619.IH
H5619
lotter on DSKBCFDHB2PROD with BILLS
report that describes the accounts and amounts de-
termined and identified under paragraph (2) for re-
scission 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. 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; 
VerDate Sep 11 2014 
23:47 Apr 27, 2018
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5619.IH
H5619
lotter on DSKBCFDHB2PROD with BILLS
(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 
(D) an assessment of the feasibility and 
cost for supplementing and replacing manual 
data collection with automation, which should 
utilize existing automation efforts and re-
sources. 
(3) UPDATES
FOR
COLLECTION
METHODS.— 
The Secretary shall update the strategic plan re-
quired under paragraph (1) to reflect new practices, 
timelines, tools, and assessments, as appropriate. 
(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; 
VerDate Sep 11 2014 
23:47 Apr 27, 2018
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5619.IH
H5619
lotter on DSKBCFDHB2PROD with BILLS
(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 
not fewer than two new, outcome-based performance 
measures that support 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 should in-
clude— 
(A) the extent to which trusted traveler 
and shipper program participants experience 
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) AGENCY
EFFICIENCIES.—The Secretary 
may not adopt performance measures under this 
subsection that— 
VerDate Sep 11 2014 
23:00 Apr 30, 2018
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5619.IH
H5619
lotter on DSKBCFDHB2PROD with BILLS
(A) solely address U.S. Customs and Bor-
der Protection resource efficiency; or 
(B) fail to adequately— 
(i) gauge the impact of programs or 
initiatives on trade facilitation goals; or 
(ii) measure benefits to stakeholders. 
(4) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary 
shall submit to the relevant committees of Congress 
a report 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 
VerDate Sep 11 2014 
23:47 Apr 27, 2018
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H5619.IH
H5619
lotter on DSKBCFDHB2PROD with BILLS