Emergency Port of Entry Personnel and Infrastructure Funding Act of 2018
This bill directs the Department of Homeland Security (DHS) to hire, train, and assign to duty, by September 30, 2023: (1) 5,000 additional 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, and (2) 350 full-time support staff for all U.S. ports of entry.
The bill also requires DHS to:
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5619 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5619
To provide emergency funding for port of entry personnel and
infrastructure, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2018
Mr. O'Rourke (for himself and Ms. Stefanik) introduced the following
bill; which was referred to the Committee on Homeland Security, and in
addition to the Committees on Ways and Means, and Appropriations, 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 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 2018''.
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) 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 Senate;
(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
(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 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, 2023--
(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
to the relevant committees of Congress a report that includes a
plan 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.
(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 to the relevant committees of Congress a report
that contains plans for the Department of Homeland Security,
the Department of Agriculture, and the Department of Health and
Human Services, respectively, 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 one year
after the date of the enactment of this Act and annually
thereafter, the Secretary shall submit to the relevant
committees of Congress a report 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 decision-making and
allocation process; and
(iii) the new outcome-based performance
measures adopted under section 5(c).
(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.--
(1) In general.--The Commissioner may aid in the
enforcement of Federal customs, immigration, and agriculture
laws by--
(A) designing, constructing, and modifying--
(i) United States ports of entry;
(ii) living quarters for officers, agents,
and personnel;
(iii) technology and equipment, including
technology and equipment deployed in support of
standardized and automated collection of
vehicular travel time; and
(iv) other structures and facilities,
including structures and facilities owned by
municipalities, local governments, or private
entities located at land ports of entry;
(B) 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
(C) constructing additional ports of entry along
the Southern border and the Northern border.
(2) Prioritization.--In selecting improvements under this
section, the Commissioner, in coordination with the
Administrator, shall give priority consideration to projects
that will substantially--
(A) reduce commercial and passenger vehicle 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--
(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 subsection may be
construed to--
(A) create any right or liability of the parties
described in paragraph (1);
(B) affect the legality or validity of any
determination by the Secretary under this Act; or
(C) affect any consultation requirement under any
other law.
(g) 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 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, 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 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 (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 report 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. 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) current wait time collection practices at each
land port of entry, which shall also be made available
through 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.
(3) Updates for collection methods.--The Secretary shall
update the strategic plan required under paragraph (1) to
reflect new practices, timelines, tools, and assessments, as
appropriate.
(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 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 shipper programs.--
Outcome-based performance measures identified under this
subsection should 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) Agency efficiencies.--The Secretary may not adopt
performance measures under this subsection that--
(A) solely address U.S. Customs and Border
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 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, and Appropriations, 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, and Appropriations, 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, and Appropriations, 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 Trade.
Referred to the Subcommittee on Border and Maritime Security.
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