Emergency Port of Entry Personnel and Infrastructure Funding Act of 2013 - Directs the Secretary of Homeland Security (DHS) to hire, train, and assign to duty by September 30, 2019, an additional: (1) 5,000 full-time U.S. Customs and Border Protection (CBP) officers to serve on all inspection lanes and enforcement teams at U.S. land ports of entry on the northern and southern borders of the United States; and (2) 350 full-time support staff for all U.S. ports of entry.
Requires the Secretary to report to specified congressional committees on: (1) DHS plans for ensuring the placement of sufficient CBP officers and infrastructure for outbound inspections at southern border land ports of entry; and (2) each relevant department's plans for ensuring the placement of sufficient CBP agriculture specialists, Animal and Plant Health Inspection Service entomologist identifier specialists, and Food and Drug Administration (FDA) consumer safety officers at such ports of entry.
Directs the Secretary to: (1) ensure that each CBP officer is equipped with a secure two-way communication and satellite-enabled device that allows such officers to communicate between ports of entry and inspection stations and with law enforcement; and (2) establish a program for awarding grants for the purchase of identification and detection equipment and mobile, hand-held, two-way communication devices for state and local law enforcement officers serving on the southern border.
Authorizes the Commissioner of CBP to aid in the enforcement of federal customs, immigration, and agriculture laws by: (1) designing, constructing, and modifying U.S. ports of entry, living quarters for personnel, technology and equipment, and other structures and facilities; (2) acquiring land deemed necessary to carry out the Commissioner's duties; and (3) constructing additional ports of entry along the borders.
Authorizes the Administrator, for purposes of facilitating the construction, alteration, operation, or maintenance of a new or existing facility or other infrastructure at a port of entry, to: (1) enter into cost-sharing or reimbursement agreements, or (2) accept donations of real or person property or nonpersonal services.
Directs the Secretary to: (1) develop a strategic plan for standardized collection of vehicle wait times at land ports of entry, (2) develop a standardized model for the allocation of CBP officers and support staff at land ports of entry, and (3) identify and adopt new outcome-based performance measures that support the trade facilitation goals of CBP.
Requires the Secretary to report to specified congressional committees annually on: (1) DHS's implementation plan for the staff enhancements, (2) the number of additional personnel assigned to duty at land ports of entry, (3) the methodology used to determine the distribution of additional personnel to address northbound and southbound cross-border inspections, (4) the strategic plan, (5) the CBP officer allocation model, and (6) the new outcome-based performance measures.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3753 Introduced in House (IH)]
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
referred 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
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.
Be it enacted by the Senate and House of Representatives 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:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the General Services Administration.
(2) Commissioner.--The term ``Commissioner'' 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 PERSONNEL.
(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
appropriations for such purpose, shall hire, train, and assign
to duty, by not later than September 30, 2019--
(A) 5,000 full-time U.S. Customs and Border
Protection officers to serve on all inspection lanes
(primary, secondary, incoming, and outgoing) 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 Secretary may waive any
limitation on the number of full-time equivalent personnel
assigned to the Department 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 ensuring the placement of sufficient U.S. Customs and
Border Protection officers on outbound inspections, and
adequate outbound infrastructure, at all Southern border land
ports of entry to--
(A) the Committee on the Judiciary of the Senate;
(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 paragraph
(1) that contains each department's plans for ensuring the
placement of sufficient U.S. Customs and Border Protection
agriculture specialists, Animal and Plant Health Inspection
Service entomologist identifier specialists, Food and Drug
Administration consumer safety officers, and other relevant 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 paragraph (1) that--
(A) details the Department of Homeland Security's
implementation plan for the staff enhancements required
under subsection (a)(1)(A);
(B) includes the number of additional personnel
assigned to duty at land ports of entry, classified by
location;
(C) describes the methodology used to determine 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 assumptions, factors,
and concerns that guide the decisionmaking and
allocation process; and
(iii) the new outcome-based performance
measures adopted under section 5(c)(1).
(c) Secure Communication.--The Secretary shall ensure that each
U.S. Customs and Border Protection officer is equipped with a secure 2-
way communication and satellite-enabled device, supported by system
interoperability, that allows U.S. Customs and Border Protection
officers to communicate--
(1) between ports of entry and inspection stations; 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 devices for
State and local law enforcement officers serving on the
Southern border.
(e) Port of Entry Infrastructure Improvements.--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
(D) other structures and facilities, including
those owned by municipalities, local governments, 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 duties 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 facilities at one
or more ports of entry on the same border.
(g) Consultation.--
(1) Locations for new ports of entry.--The Secretary is
encouraged to 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--
(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 subsection 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.
(h) Authority To Acquire Leaseholds.--Notwithstanding 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 Federal 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 referred to in paragraph (4)), amounts
determined by the Director of the Office of Management and
Budget that are equal, in the aggregate, to the amount
authorized to be appropriated under subsection (i).
(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 infrastructure at a port of entry, the
Administrator 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.
(b) Evaluation Procedures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation
with the Secretary, shall establish procedures for evaluating a
proposal submitted by any person under subsection (a)--
(A) to enter into a cost-sharing or reimbursement
agreement with the General Services Administration to
facilitate the construction, alteration, 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, operation, or maintenance of
a facility or other infrastructure at a land border
port of entry under the control of the Administration.
(2) Specification.--Donations made under paragraph (1)(B)
may specify--
(A) the land port of entry facility or facilities
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 Administrator 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
paragraph (2)(B), such donated property or services shall be
returned to the person that made the donation.
(4) Determination and notification.--
(A) In general.--Not later than 90 days after
receiving a proposal pursuant to subsection (a) with
respect to the construction or maintenance of a
facility or other infrastructure at a land border port
of entry, the Administrator shall--
(i) make a determination with respect to
whether or not to approve the proposal; and
(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 reducing
wait times at that port of entry and other
ports of entry on the same border;
(ii) the potential of the proposal to
increase 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 Administrator has
delegated or transferred to the Secretary, operations, ownership, or
other authorities over land border ports of entry, the authorities and
requirements of the Administrator under this section shall be deemed to
apply to the Secretary.
SEC. 5. IMPLEMENTATION OF GOVERNMENT ACCOUNTABILITY OFFICE FINDINGS.
(a) Border Wait Time Data Collection.--
(1) Strategic plan.--The Secretary, in consultation with
the Commissioner, the Administrator of the Federal Highway
Administration, State Departments 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 standardized data
into existing online platforms 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 resources.
(b) Staff Allocation.--The Secretary, in consultation with the
Commissioner and State, municipal, and private sector stakeholders at
each port of entry, shall develop a standardized model for the
allocation of U.S. Customs 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 consultation with the
Commissioner and relevant public and private sector
stakeholders, shall identify and adopt new outcome-based
performance measures that support the trade facilitation goals
of U.S. Customs and Border Protection.
(2) Effect of trusted traveler and shipper programs.--
Outcome-based performance measures identified under this
subsection may include--
(A) the extent to which trusted traveler and
shipper program participants experience decreased
annual percentage wait time compared 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 nonparticipants.
(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 developed under
this subsection; and
(B) the process for the incorporation of such
measures into existing performance measures.
<all>
Introduced in House
Introduced in House
Referred 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 Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred 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 Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred 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 Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred 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 Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Highways and Transit.
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Referred to the Subcommittee on Border and Maritime Security.