,i #aacth ,,congress #ast ,session ,h4 ,r4 #cgec ,,in ,,the ,,house ,,of ,,representatives ,december #ab1 #bjac,mr4 ,o',rourke 7for himself1 ,mr4 ,vela1 ,mr4 ,cuellar1 ,mr4 ,gallego1 ,mr4 ,michaud1 and ,mr4 ,barber7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on ,ways and ,means1 ,appropriations1 and ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 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 infrastructure4 #a4 ,short title ,this ,act may be cited as the ,emergency ,port of ,entry ,personnel and ,infrastructure ,funding ,act of #bjac4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,general ,services ,administration4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,northern border ,the term ,northern border means the international border between the ,united ,states and ,canada4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#e7 ,southern border ,the term ,southern border means the international border between the ,united ,states and ,mexico4 #c4 ,u4,s4 ,customs and ,border ,protection personnel 7a7 ,staff enhancements 7#a7 ,authorization ,in addition to positions authorized before the date of the enactment of this ,act and any existing officer vacancies within ,u4,s4 ,customs and ,border ,protection on such date1 the ,secretary1 subject to the availability of appropriations for such purpose1 shall hire1 train1 and assign to duty1 by not later than ,september #cj1 #bjai-- 7,a7 #e1jjj full-time ,u4,s4 ,customs and ,border ,protection officers to serve on all inspection lanes 7primary1 secondary1 incoming1 and outgoing7 and enforcement teams at ,united ,states land ports of entry on the ,northern border and the ,southern border2 and 7,b7 #cej full-time support staff for all ,united ,states ports of entry4 7#b7 ,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 7#a74 7b7 ,reports to ,congress 7#a7 ,outbound inspections ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall submit a report containing the ,department of ,homeland ,security's plans for ensuring the placement of sufficient ,u4,s4 ,customs and ,border ,protection officers on outbound inspections1 and adequate outbound infrastructure1 at all ,southern border land ports of entry to-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives2 7,c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,d7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,sufficient agricultural specialists and personnel ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,agriculture and the ,secretary of ,health and ,human ,services1 shall submit a report to the committees set forth in paragraph 7#a7 that contains each department's plans for ensuring the placement of sufficient ,u4,s4 ,customs and ,border ,protection agriculture specialists1 ,animal and ,plant ,health ,inspection ,service entomologist identifier specialists1 ,food and ,drug ,administration consumer safety officers1 and other relevant and related personnel at all ,southern border land ports of entry4 7#c7 ,annual implementation report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit a report to the committees set forth in paragraph 7#a7 that-- 7,a7 details the ,department of ,homeland ,security's implementation plan for the staff enhancements required under subsection 7a77#a77;,a72 7,b7 includes the number of additional personnel assigned to duty at land ports of entry1 classified by location2 7,c7 describes the methodology used to determine the distribution of additional personnel to address northbound and southbound cross-border inspections2 and 7,d7 includes-- 7i7 the strategic plan required under section #e7;a77#a72 7ii7 the model required under section #e7;b71 including the underlying assumptions1 factors1 and concerns that guide the decisionmaking and allocation process2 and 7iii7 the new outcome-based performance measures adopted under section #e7;c77#a74 7c7 ,secure communication ,the ,secretary shall ensure that each ,u4,s4 ,customs and ,border ,protection officer is equipped with a secure #b-way communication and satellite-enabled device1 supported by system interoperability1 that allows ,u4,s4 ,customs and ,border ,protection officers to communicate-- 7#a7 between ports of entry and inspection stations2 and 7#b7 with other ,federal1 ,state1 tribal1 and local law enforcement entities4 7d7 ,border area security initiative grant program ,the ,secretary shall establish a program for awarding grants for the purchase of-- 7#a7 identification and detection equipment2 and 7#b7 mobile1 hand-held1 #b-way communication devices for ,state and local law enforcement officers serving on the ,southern border4 7e7 ,port of entry infrastructure improvements ,the ,commissioner may aid in the enforcement of ,federal customs1 immigration1 and agriculture laws by-- 7#a7 designing1 constructing1 and modifying-- 7,a7 ,united ,states ports of entry2 7,b7 living quarters for officers1 agents1 and personnel2 7,c7 technology and equipment1 including those deployed in support of standardized and automated collection of vehicular travel time2 and 7,d7 other structures and facilities1 including those owned by municipalities1 local governments1 or private entities located at land ports of entry2 7#b7 acquiring1 by purchase1 donation1 exchange1 or otherwise1 land or any interest in land determined to be necessary to carry out the ,commissioner's duties under this section2 and 7#c7 constructing additional ports of entry along the ,southern border and the ,northern border4 7f7 ,prioritization ,in selecting improvements under subsection 7e71 the ,commissioner1 in coordination with the ,administrator shall give priority consideration to projects that will substantially-- 7#a7 reduce commercial and passenger vehicle and pedestrian crossing wait times at one or more ports of entry on the same border2 7#b7 increase trade1 travel efficiency1 and the projected total annual volume at one or more ports of entry on the same border2 and 7#c7 enhance safety and security at border facilities at one or more ports of entry on the same border4 7g7 ,consultation 7#a7 ,locations for new ports of entry ,the ,secretary is encouraged to consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,state1 the ,international ,boundary and ,water ,commission1 the ,international ,joint ,commission1 and appropriate representatives of ,states1 ,indian tribes1 local governments1 and property owners-- 7,a7 to determine locations for new ports of entry2 and 7,b7 to minimize adverse impacts from such ports on the environment1 historic and cultural resources1 commerce1 and the quality of life of the communities and residents located near such ports4 7#b7 ,savings provision ,nothing in this subsection may be construed-- 7,a7 to create any right or liability of the parties described in paragraph 7#a72 7,b7 to affect the legality or validity of any determination by the ,secretary under this ,act2 or 7,c7 to affect any consultation requirement under any other law4 7h7 ,authority ,to acquire leaseholds ,notwithstanding any other provision of law1 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 ,act1 the ,secretary may-- 7#a7 acquire such leasehold interest2 and 7#b7 construct or modify such facility4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section1 for each of the fiscal years #bjad through #bjai1 #a1jjj1jjj1jjj1 of which #e1jjj1jjj shall be used for grants authorized under subsection 7d74 7j7 ,offset1 rescission of unobligated ,federal funds 7#a7 ,in general ,there is hereby rescinded1 from appropriated discretionary funds that remain available for obligation on the date of the enactment of this ,act 7other than the unobligated funds referred to in paragraph 7#d771 amounts determined by the ,director of the ,office of ,management and ,budget that are equal1 in the aggregate1 to the amount authorized to be appropriated under subsection 7i74 7#b7 ,implementation ,the ,director of the ,office of ,management and ,budget shall determine and identify-- 7,a7 the appropriation accounts from which the rescission under paragraph 7#a7 shall apply2 and 7,b7 the amount of the rescission that shall be applied to each such account4 7#c7 ,report ,not later than #fj days after the date of the enactment of this ,act1 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 7#b7 for rescission under paragraph 7#a74 7#d7 ,exceptions ,this subsection shall not apply to unobligated funds of-- 7,a7 the ,department of ,defense2 7,b7 the ,department of ,veterans ,affairs2 or 7,c7 the ,department of ,homeland ,security4 #d4 ,cross-border trade enhancement 7a7 ,agreements authorized ,for purposes of facilitating the construction1 alteration1 operation1 or maintenance of a new or existing facility or other infrastructure at a port of entry1 the ,administrator may-- 7#a7 enter into cost-sharing or reimbursement agreements2 or 7#b7 accept donations of-- 7,a7 real or personal property 7including monetary donations72 or 7,b7 nonpersonal services4 7b7 ,evaluation procedures 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator1 in consultation with the ,secretary1 shall establish procedures for evaluating a proposal submitted by any person under subsection 7a7-- 7,a7 to enter into a cost-sharing or reimbursement agreement with the ,general ,services ,administration to facilitate the construction1 alteration1 operation1 or maintenance of a new or existing facility or other infrastructure at a land border port of entry2 or 7,b7 to provide the ,administration with a donation of real or personal property 7including monetary donations7 or nonpersonal services to be used in the construction1 alteration1 operation1 or maintenance of a facility or other infrastructure at a land border port of entry under the control of the ,administration4 7#b7 ,specification ,donations made under paragraph 7#a77;,b7 may specify-- 7,a7 the land port of entry facility or facilities in support of which the donation is being made2 and 7,b7 the time frame in which the donated property or services shall be used4 7#c7 ,return of donation ,if the ,administrator does not use the property or services donated pursuant to paragraph 7#a77;,b7 for the specific facility or facilities designated pursuant to paragraph 7#b77;,a7 or within the time frame specified pursuant to paragraph 7#b77;,b71 such donated property or services shall be returned to the person that made the donation4 7#d7 ,determination and notification 7,a7 ,in general ,not later than #ij days after receiving a proposal pursuant to subsection 7a7 with respect to the construction or maintenance of a facility or other infrastructure at a land border port of entry1 the ,administrator shall-- 7i7 make a determination with respect to whether or not to approve the proposal2 and 7ii7 notify the person that submitted the proposal of-- 7,i7 the determination2 and 7,,ii7 if the ,administrator did not approve the proposal1 the reasons for such disapproval4 7,b7 ,considerations ,in determining whether or not to approve a proposal under this subsection1 the ,administrator shall consider-- 7i7 the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border2 7ii7 the potential of the proposal to increase trade and travel efficiency through added capacity2 and 7iii7 the potential of the proposal to enhance the security of the port of entry4 7c7 ,delegation ,for facilities at which the ,administrator has delegated or transferred to the ,secretary1 operations1 ownership1 or other authorities over land border ports of entry1 the authorities and requirements of the ,administrator under this section shall be deemed to apply to the ,secretary4 #e4 ,implementation of ,government ,accountability ,office findings 7a7 ,border wait time data collection 7#a7 ,strategic plan ,the ,secretary1 in consultation with the ,commissioner1 the ,administrator of the ,federal ,highway ,administration1 ,state ,departments of ,transportation1 and other public and private stakeholders1 shall develop a strategic plan for standardized collection of vehicle wait times at land ports of entry4 7#b7 ,elements ,the strategic plan required under paragraph 7#a7 shall include-- 7,a7 a description of how ,u4,s4 ,customs and ,border ,protection will ensure standardized manual wait time collection practices at ports of entry2 7,b7 a timeline for incorporating standardized data into existing online platforms for public reporting2 7,c7 the identification of a standardized measurement and validation wait time data tool for use at all land ports of entry2 and 7,d7 an assessment of the feasibility and cost for supplementing and replacing manual data collection with automation1 which should utilize existing automation efforts and resources4 7b7 ,staff allocation ,the ,secretary1 in consultation with the ,commissioner and ,state1 municipal1 and private sector stakeholders at each port of entry1 shall develop a standardized model for the allocation of ,u4,s4 ,customs and ,border ,protection officers and support staff at land ports of entry1 including allocations specific to field offices and the port level that utilizes-- 7#a7 current and future operational priorities and threats2 7#b7 historical staffing levels and patterns2 and 7#c7 anticipated traffic flows4 7c7 ,outcome-,based performance measures 7#a7 ,in general ,the ,secretary1 in consultation with the ,commissioner and relevant public and private sector stakeholders1 shall identify and adopt new outcome-based performance measures that support the trade facilitation goals of ,u4,s4 ,customs and ,border ,protection4 7#b7 ,effect of trusted traveler and shipper programs ,outcome-based performance measures identified under this subsection may include-- 7,a7 the extent to which trusted traveler and shipper program participants experience decreased annual percentage wait time compared to nonparticipants2 and 7,b7 the extent to which trusted traveler and shipper program participants experience an annual reduction in percentage of referrals to secondary inspection facilities compared to nonparticipants4 7#c7 ,report ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall submit a report to the committees set forth in section #c7;b77#a7 that identifies-- 7,a7 the new performance measures developed under this subsection2 and 7,b7 the process for the incorporation of such measures into existing performance measures4