,,ii  #aadth ,,congress  #ast ,session  
,s4 #deh  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #aa1      
#bjae,mr4 ,cornyn introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to provide emergency funding
 for port of entry personnel and        
infrastructure1 and for other purposes4 
#a4 ,short title ,this ,act may be cited
 as the ,emergency ,port of ,entry      
,personnel and ,infrastructure ,funding 
,act of #bjae4  #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      
,relevant committees of congress ,the   

term relevant committees of ,congress   
means-- 7,a7 the ,committee on          
,environment and ,public ,works of the  
,senate2  7,b7 the ,committee on        
,finance of the ,senate2  7,c7 the      
,committee on ,homeland ,security and   
,governmental ,affairs of the ,senate2  
7,d7 the ,committee on the ,judiciary of
 the ,senate2  7,e7 the ,committee on   
,homeland ,security of the ,house of    
,representatives2  7,f7 the ,committee  
on the ,judiciary of the ,house of      
,representatives2 and  7,g7 the         
,committee on ,transportation and       
,infrastructure of the ,house of        
,representatives4  7#e7 ,secretary ,the 
term ,secretary means the ,secretary of 
,homeland ,security4  7#f7 ,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 #bjbj-- 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 to the 
relevant committees of ,congress that   
includes a plan 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 entry4   
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 relevant         
committees of ,congress that contains   
plans for the ,department of ,homeland  
,security1 the ,department of           
,agriculture1 and the ,department of    
,health and ,human ,services1           
respectively1 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
 relevant committees of ,congress 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;c74  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  7#a7 
,in general ,the ,commissioner may aid  
in the enforcement of ,federal customs1 
immigration1 and agriculture laws by--  
7,a7 designing1 constructing1 and       
modifying-- 7i7 ,united ,states ports of
 entry2  7ii7 living quarters for       
officers1 agents1 and personnel2  7iii7 
technology and equipment1 including     
those deployed in support of            
standardized and automated collection of
 vehicular travel time2 and  7iv7 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  7#b7 ,prioritization ,in       
selecting improvements under this       
section1 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 #a
 or more ports of entry on the same     
border2  7,b7 increase trade1 travel    
efficiency1 and the projected total     
annual volume at #a or more ports of    
entry on the same border2 and  7,c7     
enhance safety and security at border   
facilities at #a or more ports of entry 
on the same border4  7f7 ,consultation  
7#a7 ,locations for new ports of entry  
,the ,secretary shall 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 owners1 as appropriate-- 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  7g7 ,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  7h7           
,authorization of appropriations ,there 
is authorized to be appropriated to     
carry out this section1 for each of the 
fiscal years #bjae through #bjbj1       
#a1jjj1jjj1jjj1 of which #e1jjj1jjj     
shall be used for grants authorized     
under subsection 7d74  7i7 ,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 7h74  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 
,consistent with section #eei of the    

,department of ,homeland ,security      
,appropriations ,act1 #bjad 7#f         
,u4,s4,c4 #baa note71 during the        
#aj-year period beginning on the date of
 the enactment of this ,act1 the        
,commissioner and the ,administrator1   
for purposes of facilitating the        
construction1 alteration1 operation1 or 
maintenance of a new or existing        
facility or other infrastructure at a   
port of entry under the jurisdiction1   
custody1 and control of the             
,commissioner or the ,administrator1    
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 ,allowable uses of       
agreements ,the ,commissioner and the   
,administrator may-- 7#a7 use agreements
 authorized under subsection 7a7 for    
activities related to an existing or new
 port of entry1 including expenses      
relating to-- 7,a7 land acquisition1    

design1 construction1 repair1 or        
alternation2  7,b7 furniture1 fixtures1 
or equipment2  7,c7 the deployment of   
technology or equipment2 and  7,d7      
operations and maintenance2 or  7#b7    
transfer such property or services      
between the ,commissioner and the       
,administrator for activities described 
in paragraph 7#a7 relating to a new or  
existing port of entry under the        
jurisdiction1 custody1 and control of   
the relevant agency1 subject to chapter 
#cc of title #dj1 ,united ,states ,code4
  7c7 ,savings provision ,nothing in    
this section may be construed to alter  
or change agreements or authorities     
authorized under section #eei of the    
,department of ,homeland ,security      
,appropriations ,act1 #bjad 7division ,f
 of ,public ,law #aac-gf2 #f ,u4,s4,c4  
#baa note7 and in place as of the date  
of enactment of this ,act  7d7          
,evaluation procedures  7#a7 ,in general
  7,a7 ,requirement for procedures ,the 
,commissioner1 in consultation with the 

,administrator and consistent with      
section #eei of the ,department of      
,homeland ,security ,appropriations     
,act1 #bjad 7#f ,u4,s4,c4 #baa note71   
shall issue procedures for evaluating a 
proposal submitted by a person for an   
agreement authorized under subsection   
7a74  7,b7 ,availability ,the procedures
 required under subparagraph 7,a7 shall 
be made available to the public through 
a website of the ,department of         
,homeland ,security4  7#b7              
,specification ,proposals for agreements
 or donations referred to in subsection 
7a7 may specify-- 7,a7 the land port of 
entry facility or facilities in support 
of which the agreement is entered into2 
and  7,b7 the time frame in which the   
contributed property or nonpersonal     
services shall be used4  7#c7           
,supplemental funding ,any property     
7including monetary donations7 or       
nonpersonal services donated pursuant to
 subsection 7a77#b7 may be used in      
addition to any other funds1 including  

appropriated funds1 property1 or        
services made available for the same    
purpose4  7#d7 ,return of donation  7,a7
 ,requirement for return ,if the        
,commissioner or the ,administrator does
 not use the property or services       
donated pursuant to subsection 7a77#b7  
for the specific facility or facilities 
designated by the person or within the  
time frame specified by the person1 such
 donated property or services shall be  
returned to the person that made the    
donation4  7,b7 ,prohibition on interest
 ,no interest may be owed on any        
donation returned to a person under     
subparagraph 7,a74  7#e7 ,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 ,commissioner or 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  7e7 ,annual report  
and notice to ,congress ,the            
,commissioner1 in collaboration with the
 ,administrator1 shall-- 7#a7 submit an 
annual report to the relevant committees
 of ,congress describing agreements     
entered into pursuant to subsection 7a72
 and  7#b7 not later than #c days before

 entering into an agreement under       
subsection 7a7 with a person1 notify the
 members of ,congress that represent the
 ,state and district in which the       
facility is located4  #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 current wait time
 collection practices at each land port 
of entry1 which shall also be made      

available through 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  7#c7 ,updates for collection
 methods ,the ,secretary shall update   
the strategic plan required under       
paragraph 7#a7 to reflect new practices1
 timelines1 tools1 and assessments1 as  
appropriate4  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  
not fewer than #b new1 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 should 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 ,agency efficiencies ,the          
,secretary shall not adopt performance  
measures that-- 7,a7 solely address     
,u4,s4 ,customs and ,border ,protection 
resource efficiency2 or  7,b7 fail to   
adequately-- 7i7 gauge the impact of    
programs or initiatives on trade        
facilitation goals2 or  7ii7 measure    
benefits to stakeholders4  7#d7 ,report 
,not later than #ij days after the date 
of the enactment of this ,act1 the      
,secretary shall submit a report to the 
relevant committees of ,congress 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