,i #aacth ,,congress #ast ,session ,h4 ,r4 #edh ,,in ,,the ,,house ,,of ,,representatives ,february #f1 #bjac ,mr4 ,grijalva introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on ,ways and ,means1 ,transportation and ,infrastructure1 ,small ,business1 ,oversight and ,government ,reform1 ,foreign ,affairs1 and ,agriculture1 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 restore growth1 spur job creation1 build momentum toward economic recovery for border communities and the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,border ,infrastructure and ,jobs ,act of #bjac4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,united ,states and ,mexico share a border of nearly #b1jjj miles1 a cultural heritage1 and a desire to grow both economies through cooperation and hard work4 7#b7 ,border commerce is vital to the ,united ,states economy4 ,mexico is the ,united ,states third-largest trading partner1 behind only ,canada and ,china4 ,in #bjaj1 trade between the ,united ,states and ,mexico reached #cfg1jjj1jjj1jjj1 amounting to more than #a1jjj1jjj1jjj per day4 7#c7 ,mexico is the second-largest export market for ,united ,states businesses and approximately #bb ,states depend on ,mexico as their number one or two trading partner4 7#d7 ,the growth of international trade has outpaced ,united ,states land ports of entry's workload capacity1 resulting in congestion and delays4 ,this increased congestion hurts businesses that rely on safe and efficient cross-border traffic4 #c4 ,united ,states-,mexico ,economic ,partnership ,commission 7a7 ,establishment of commission 7#a7 ,in general ,there is established an independent commission to be known as the ,united ,states-,mexico ,economic ,partnership ,commission 7referred to in this section as the ,commission74 7#b7 ,purposes ,the purposes of the ,commission are to-- 7,a7 study the overall economic strategies1 programs1 and policies of ,federal departments and agencies along the ,united ,states-,mexico border1 including the ,department of ,homeland ,security1 the ,department of ,commerce1 and other relevant departments and agencies2 7,b7 strengthen relations and collaboration between communities along the ,united ,states-,mexico border and the ,department of ,homeland ,security1 the ,department of ,commerce1 and other ,federal departments and agencies that carry out such strategies1 programs1 and policies2 and 7,c7 make recommendations to the ,president and ,congress with respect to such strategies1 programs1 and policies4 7#c7 ,membership 7,a7 ,voting members ,the ,commission shall be composed of #af voting members4 ,the ,governors of the ,states of ,arizona1 ,california1 ,new ,mexico1 and ,texas shall each appoint four such members1 of whom-- 7i7 one shall be a local elected official from each such ,state's border region2 7ii7 one shall be an individual from academia or a community leader of each such ,state2 and 7iii7 two shall be from each such ,state's border region business community4 7,b7 ,nonvoting members ,the ,commission shall be composed of two nonvoting members1 of whom-- 7i7 one shall be appointed by the ,secretary of ,homeland ,security2 and 7ii7 one shall be appointed by the ,secretary of ,commerce4 7#d7 ,qualifications 7,a7 ,in general ,members of the ,commission shall be-- 7i7 individuals with expertise in migration1 border enforcement and protection1 civil and human rights1 community relations1 cross-border trade and commerce1 or other pertinent qualifications or experience2 and 7ii7 representative of a broad cross section of perspectives from the region along the international border between the ,united ,states and ,mexico4 7,b7 ,political affiliation ,not more than two members of the ,commission appointed by each ,governor in accordance with paragraph 7#c77;,a7 may be members of the same political party4 7,c7 ,nongovernmental appointees ,an individual appointed as a voting member to the ,commission may not be an officer or employee of the ,federal ,government4 7#e7 ,deadline for appointment ,all members of the ,commission shall be appointed not later than six months after the date of the enactment of this ,act4 ,if any member of the ,commission described in paragraph 7#c77;,a7 is not appointed by such date1 the ,commission shall carry out its duties under this section without participation of such member4 7#f7 ,term of service ,the term of office for members shall be for the life of the ,commission4 7#g7 ,vacancies ,any vacancy in the ,commission shall not affect its powers1 but shall be filled in the same manner in which the original appointment was made4 7#h7 ,meetings 7,a7 ,initial meeting ,the ,commission shall meet and begin the operations of the ,commission as soon as practical4 7,b7 ,subsequent meetings ,after its initial meeting1 the ,commission shall meet upon the call of the chairman or a majority of its members4 7,c7 ,outreach ,the ,commission shall formulate and implement an effective outreach strategy to border communities along the ,united ,states-,mexico border4 7#i7 ,quorum ,nine members of the ,commission shall constitute a quorum4 7#aj7 ,chair and vice chair ,the voting members of the ,commission shall elect a ,chairman and ,vice ,chairman from among its voting members4 ,the term of office shall be for the life of the ,commission4 7#aa7 ,structure ,the ,commission shall have a ,federal1 regional1 and local review structure1 and shall be divided into two subcommittees1 one such subcommittee focused on border technology1 equipment1 and infrastructure1 and one such subcommittee focused on cross-border trade policies and programs4 7b7 ,duties ,the ,commission shall review and examine cross-border trade policies1 strategies1 and programs with ,mexico1 including-- 7#a7 the effect of operations1 technology1 and infrastructure along such border on the-- 7,a7 environment2 7,b7 cross-border traffic and commerce2 7,c7 privacy rights and other civil liberties2 and 7,d7 the quality of life of border communities2 7#b7 the extent of the negative economic impact1 if any1 on the ,united ,states due to staffing needs at land ports of entry along the such border2 7#c7 whether border policies and practices ensure that the free flow of legitimate travel and commerce is not diminished by efforts1 activities1 and programs aimed at securing the international land ports of entry along the ,united ,states-,mexico border2 and 7#d7 any other matters regarding cross-border trade policies1 strategies1 and programs the ,commission determines appropriate4 7c7 ,powers of commission 7#a7 ,in general 7,a7 ,hearings and evidence ,the ,commission or1 on the authority of the ,commission1 any subcommittee or member thereof1 may1 for the purpose of carrying out this ,act-- 7i7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 administer such oaths2 and 7ii7 subject to subparagraph 7,b71 require1 by subpoena or otherwise1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents as the ,commission or such designated subcommittee or designated member may determine advisable4 7,b7 ,subpoenas 7i7 ,issuance ,a subpoena may be issued under this subsection only-- 7,i7 by the agreement of the chairman and the vice chairman2 or 7,,ii7 by the affirmative vote of six members of the ,commission4 7ii7 ,signature ,subject to clause 7i71 subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the ,commission1 and may be served by any person designated by the chairman or by a member designated by a majority of the ,commission4 7iii7 ,enforcement ,in the case of contumacy or failure to obey a subpoena issued under this paragraph1 the ,united ,states district court for the judicial district in which the subpoenaed person resides1 is served1 or may be found1 or where the subpoena is returnable1 may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence4 ,any failure to obey the order of such court may be punished by such court as a contempt of such court4 7#b7 ,contracting ,the ,commission may1 to such extent and in such amounts as are provided in appropriation ,acts1 enter into contracts to enable the ,commission to discharge its duties under this ,act4 7#c7 ,information from ,federal agencies 7,a7 ,in general ,the ,commission is authorized to secure directly from any executive department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality of the ,government1 information1 suggestions1 estimates1 and statistics for the purposes of carrying out this ,act4 ,each such department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,commission1 upon request made by the chairman1 the chairman of any subcommittee created by a majority of the ,commission1 or any member designated by a majority of the ,commission4 7,b7 ,receipt1 handling1 storage1 and dissemination ,information1 suggestions1 estimates1 and statistics referred to in subparagraph 7,a7 shall only be received1 handled1 stored1 and disseminated by members of the ,commission and its staff in accordance with all applicable statutes1 regulations1 and ,executive orders4 7#d7 ,assistance from ,federal agencies 7,a7 ,general ,services ,administration ,the ,administrator of ,general ,services shall provide to the ,commission on a reimbursable basis administrative support and other services for the performance of the ,commission's functions4 7,b7 ,other departments and agencies ,in addition to the assistance prescribed in subparagraph 7,a71 the heads of ,federal departments and agencies may provide to the ,commission such services1 funds1 facilities1 staff1 and other support services as they may determine advisable and as may be authorized by law4 7#e7 ,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 ,states4 7d7 ,compensation 7#a7 ,in general ,members of the ,commission shall serve without pay4 7#b7 ,reimbursement of expenses ,all members of the ,commission shall be reimbursed for reasonable travel expenses and subsistence1 and other reasonable and necessary expenses incurred by such members in the performance of their duties4 7e7 ,training ,the ,commission shall establish a process and criteria by which ,commission members receive orientation and training on cross-border trade policies1 strategies1 and programs with respect to ,mexico4 7f7 ,report ,not later than two years after the date of the first meeting called pursuant to subsection 7a77#h77;,a71 the ,commission shall submit to the ,president1 the ,secretary of ,homeland ,security1 the ,secretary of ,commerce1 and ,congress a report that contains-- 7#a7 findings with respect to the duties of the ,commission2 7#b7 recommendations regarding cross-border trade policies1 strategies1 and programs with respect to ,mexico2 7#c7 suggestions for the implementation of such recommendations2 and 7#d7 a recommendation as to whether the ,commission should continue to exist after the date of termination described in subsection 7i71 and if so1 a description of the purposes and duties recommended to be carried out by the ,commission after such date4 7g7 ,response to report ,not later than #ahj days after the receipt of the report required under subsection 7f71 the ,secretary of ,homeland ,security and the ,secretary of ,commerce shall jointly issue a response describing how the ,department of ,homeland ,security and the ,department of ,commerce will implement the recommendations contained in such report4 7h7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 7i7 ,sunset ,unless the ,commission is re-authorized by ,congress1 the ,commission shall terminate on the date that is #fj days after the date the ,commission submits the report described in subsection 7f74 #d4 ,port security and trade facilitation grants 7a7 ,grant program ,the ,secretary of ,commerce1 in consultation with the ,secretary of ,homeland ,security1 shall establish a program under which grants may be provided to develop and expand trusted shipper programs for small- and medium-sized businesses for the purpose of facilitating border commerce4 7b7 ,applications and conditions ,in carrying out the grant program described in subsection 7a71 the ,secretary of ,commerce-- 7#a7 shall establish a notification and application procedure2 and 7#b7 may establish such conditions1 and require such assurances1 as may be appropriate to ensure the efficiency and integrity of the grant program4 7c7 ,sunset ,the grant program described in subsection 7a7 shall terminate on the date that is five years after the date of the enactment of this ,act4 7d7 ,limitation ,the sum for all fiscal years of the amounts awarded as grants under this section may not exceed #aj1jjj1jjj4 #e4 ,improving ports of entry on the southwest border for border security and other purposes 7a7 ,in general ,there are authorized to be appropriated to the ,administrator of the ,general ,services ,administration-- 7#a7 #bjj1jjj1jjj for fiscal #bjad solely for planning1 management1 design1 alteration1 and construction of ,united ,states ,customs and ,border ,protection owned land border ports of entry along the international border between the ,united ,states and ,mexico2 and 7#b7 #ajj1jjj1jjj for fiscal year #bjad solely for the installation of renewable energy retrofits at land border ports of entry along the international border between the ,united ,states and ,mexico4 7b7 ,allocation of authorized funds ,of the amounts authorized to be appropriated pursuant to subsection 7a77#a7-- 7#a7 not more than #dj percent may be set aside for the ,san ,luis ,i land port of entry2 and 7#b7 not more than #fj percent may be set aside for the ,douglas land port of entry4 #f4 ,improving waste water treatment infrastructure ,there are authorized to be appropriated to the ,international ,boundary and ,water ,commission #ej1jjj1jjj for fiscal #bjad solely for planning1 management1 design1 alteration1 and construction of the ,international ,outfall ,interceptor 7,,ioi7 and the ,nogales ,wash ,channel4 #g4 ,improving cross-border transportation 7a7 ,in general ,there are authorized to be appropriated to the ,federal ,highway ,administration #ajj1jjj1jjj for fiscal #bjad for-- 7#a7 improvements to existing transportation and supporting infrastructure along the ,united ,states-,mexico border2 7#b7 construction of highways and related safety and enforcement facilities related to international trade with ,mexico2 and 7#c7 international coordination of transportation planning1 programming1 and border operations with ,mexico4 7b7 ,allocation of authorized funds ,of amounts authorized to be appropriated pursuant to subsection 7a71 not more than #cj percent may be set aside for projects #ej miles from the ,united ,states-,mexico border4 #h4 ,increase in number of ,customs and ,border ,protection officers on the southwest border of the ,united ,states 7a7 ,customs and ,border ,protection officers ,during fiscal year #bjad1 the ,secretary of ,homeland ,security shall increase by not fewer than #ejj the total number of full-time1 active-duty ,customs and ,border ,protection officers within ,united ,states ,customs and ,border ,protection for posting at ,united ,states ports of entry along the southern border above the number of such officers for which funds were made available during fiscal year #bjac4 7b7 ,agriculture specialists ,during fiscal year #bjad1 the ,secretary of ,homeland ,security shall increase by not fewer than #cj 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 #bjac4 7c7 ,border security support personnel ,during fiscal year #bjad1 the ,secretary of ,homeland ,security shall increase by not fewer than #aj 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 #bjac4 7d7 ,priority ,in making personnel additions described in subsections 7a71 7b71 and 7c71 the ,commissioner of ,customs and ,border ,protection shall give priority to the ,tucson ,sector4 #i4 ,southwest border strategy for security and prosperity 7a7 ,requirement for strategy ,the ,secretary of ,homeland ,security1 in consultation with the heads of other appropriate ,federal departments and agencies1 shall 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 border4 7b7 ,content ,the ,southwest ,border ,strategy for ,security and ,prosperity described in subsection 7a7 shall include the following3 7#a7 ,an assessment of staffing needs for all land ports of entry into the ,united ,states along the southern border4 7#b7 ,an assessment of infrastructure needs for all land ports of entry into the ,united ,states along the southern border4 7#c7 ,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 border4 7#d7 ,an assessment of the negative economic impact1 if any1 on the ,united ,states due to wait times at land ports of entry along the southern border4 7#e7 ,a description of ways to ensure that the free flow of legitimate travel and commerce is not diminished by efforts1 activities1 or programs aimed at securing the international land ports of entry along the ,united ,states-,mexico border4 7#f7 ,a schedule for the implementation of the security measures described in such ,strategy1 including realistic deadlines for addressing staffing and infrastructure needs identified in paragraphs 7#a7 and 7#b71 an estimate of the resources needed to carry out such measures1 and a description of how such resources should be allocated4 7c7 ,consultation ,in developing the ,southwest ,border ,strategy for ,security and ,prosperity under this section1 the ,secretary of ,homeland ,security shall also consult with representatives of-- 7#a7 ,state1 local1 and tribal authorities from ,arizona1 ,california1 ,new ,mexico1 and ,texas2 and 7#b7 appropriate private sector entities1 nongovernmental organizations1 and affected communities that have expertise in areas related to border management and international trade across southern ports of entry4 7d7 ,submission to ,congress 7#a7 ,strategy ,not later than one year after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,homeland ,security shall submit to ,congress the ,southwest ,border ,strategy for ,security and ,prosperity4 7#b7 ,updates ,in addition to the timeline for submissions of the ,southwest ,border ,strategy for ,security and ,prosperity described in paragraph 7#a71 the ,secretary of ,homeland ,security shall submit to ,congress any change of such ,strategy that the ,secretary determines is necessary1 not later than #cj days after such determination4 #aj4 ,border technology and innovation ,there are authorized to be appropriated to the ,department of ,homeland ,security #bjj1jjj1jjj for fiscal year #bjad solely for integrated fixed towers1 remote video cameras1 hand-held devices1 mobile systems1 and other technologies in ,arizona4 #aa4 ,border small business revitalization grants 7a7 ,grant program ,the ,administrator of the ,small ,business ,administration shall establish a program under which grants may be provided to develop and revitalize small businesses located along the ,united ,states-,mexico border4 7b7 ,applications and conditions ,in conducting the grant program described in subsection 7a71 the ,administrator-- 7#a7 shall establish a notification and application procedure2 and 7#b7 may establish such conditions1 and require such assurances1 as may be appropriate to ensure the efficiency and integrity of such grant program4 7c7 ,sunset ,the grant program described in subsection 7a7 shall terminate on the date that is five years after the date of the enactment of this ,act4 7d7 ,limitation 7#a7 ,in general ,the sum for all fiscal years of the amounts awarded as grants under this section may not exceed #ajj1jjj1jjj4 7#b7 ,requirement ,to be eligible for a grant under this section1 a small business shall be located within #aj miles of the ,united ,states-,mexico border4 #ab4 ,federal contracting requirements 7a7 ,in general 7#a7 ,local subcontractor ,except as provided in paragraphs 7#b7 and 7#c71 the head of an ,executive agency may not award a contract unless #cj percent of the labor for the performance of the contract 7or any subcontract 7at any tier7 under the contract7 is performed by a local subcontractor4 7#b7 ,state subcontractor ,notwithstanding paragraph 7#a7 and except as provided in paragraph 7#c71 if the head of an ,executive agency determines that the requirement of paragraph 7#a7 is not practicable1 such head may award a contract if #cj percent of the labor for the performance of the contract 7or any subcontract 7at any tier7 under the contract7 is performed by a ,state subcontractor4 7#c7 ,waiver of requirement ,notwithstanding paragraphs 7#a7 and 7#b71 if the head of an ,executive agency determines that the requirements of paragraphs 7#a7 and 7#b7 are not practicable1 such head may award a contract without meeting such requirements4 7b7 ,definitions ,in this section3 7#a7 ,executive agency ,the term ,executive agency has the meaning given that term in section #acc of title #da1 ,united ,states ,code4 7#b7 ,local subcontractor ,the term local subcontractor means1 with respect to a contract1 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 subcontractor4 7#c7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each territory or possession of the ,united ,states1 and each federally recognized ,indian tribe4 7#d7 ,state subcontractor ,the term ,state subcontractor means1 with respect to a contract1 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 subcontractor4 7c7 ,applicability ,the requirements under this section shall apply to agreements entered into on or after the date of the enactment of this ,act4