S. 2474 - Emergency Port of Entry Personnel and Infrastructure Funding Act of 2007

S 2474

110th CONGRESS
1st Session

S. 2474

To provide additional resources and funding to address inspection delays at United States ports of entry on the Southern border, open additional inspection lanes, hire more inspectors, and provide recruitment and retention incentives for United States Customs and Border Protection officers who serve on the Northern and Southern borders.

IN THE SENATE OF THE UNITED STATES

December 13, 2007

Mr. CORNYN introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

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 2007'.

SEC. 2. DEFINITIONS.

In this Act:

(1) NORTHERN BORDER- The term `Northern border' means the international border between the United States and Canada.

(2) PORT OF ENTRY- The term `port of entry' includes land, air, and sea ports of entry into the United States.

(3) SOUTHERN BORDER- The term `Southern border' means the international border between the United States and Mexico.

SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL.

(a) Staff Enhancements for Customs Officers- In addition to positions authorized as of the date of the enactment of this Act, United States Customs and Border Protection shall hire, train, and assign to duty during fiscal years 2009 through 2012--

(1) 2,000 full-time officers to serve on primary inspection lanes at land ports of entry on the Northern border and the Southern border;

(2) 1,000 full-time officers to serve on primary inspection lanes at air and sea ports of entry on the Northern border and the Southern border;

(3) 600 supervisory full-time officers to serve on the Northern border and the Southern border; and

(4) 200 support staff for ports of entry along the Northern border and the Southern border.

(b) Staff Enhancements for Customs Officers in Texas- In addition to positions authorized on the date of the enactment of this Act, United States Customs and Border Protection shall hire, train, and assign to duty during fiscal years 2009 through 2012--

(1) 750 full-time officers to serve on primary inspection lines at land ports of entry in Texas; and

(2) 500 full-time officers to serve on primary inspection lines at air and sea ports of entry in Texas.

(c) Waiver of FTE Limitation- The Secretary of Homeland Security may waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security in order to fulfill the requirements under subsections (a) and (b).

(d) Secure Communication and Equipment- The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, ensure that all United States Customs and Border Protection agents and officers are equipped with secure 2-way communication and satellite-enabled devices to ensure communication between agents and ports of entry, patrol, and inspection stations, and other Federal, State, local and tribal law enforcement agencies.

(e) Retention Incentives, Training, and Salaries-

(1) IN GENERAL- The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, ensure that the requirements under this subsection are met.

(2) TRAINING-

(A) NEW HIRES- All new United States Customs and Border Protection officers (including new supervisory officers) shall receive initial law enforcement training at the Federal Law Enforcement Center. Such training shall include--

(i) at least 30 hours of training on immigration and nationality law;

(ii) language training to ensure proficiency in Spanish and in any other language frequently used by aliens on the Southern border, unless such officers have already demonstrated proficiency in such languages;

(iii) training on the law and standards governing the use of force in apprehension and detention of aliens; and

(iv) training on ethics and substance abuse.

(B) EXISTING CBP OFFICERS- All existing United States Customs and Border Protection officers shall receive annual law enforcement training in a manner, and at such locations, as prescribed by the Commissioner of United States Customs and Border Protection. Such refresher training shall include--

(i) at least 10 hours on immigration and nationality law, including recent changes through legislative action, litigation, administrative regulations, and policy interpretations of the Department of Homeland Security;

(ii) refresher training on the law and standards governing the use of force in apprehension and detention of aliens; and

(iii) training on ethics and substance abuse.

(3) RECRUITMENT AND RETENTION BONUSES- To the extent necessary to retain qualified United States Customs and Border Protection port of entry officers and border patrol agents, the Secretary may pay recruitment incentives that are not less than $5,000 and not more than $10,000.

(4) SPECIAL RULES FOR INCENTIVE PAYMENTS-

(A) IN GENERAL- Any recruitment incentive payment shall be paid to each new employee, in a lump sum, after the employee has entered on duty and completed 6 months of service.

(B) RETENTION INCENTIVES- A retention incentive payment shall--

(i) be paid to an employee, in a lump sum, at the end of the fiscal year in which the qualified employee is selected by the Secretary, or a delegate of the Secretary, for receipt of such payment;

(ii) not be limited solely to work performance, but may be based on criteria such as--

(I) longevity of service and experience;

(II) comparative salaries for law enforcement officers in other Federal agencies; and

(III) costs for replacement and training of a new employee;

(iii) be contingent upon the selected employee signing an agreement, under penalty of perjury, to remain in Federal service at his or her current location for at least 3 years;

(iv) be subject to reimbursement if the employee fails to complete the required 3 years of Federal service due to voluntary or involuntary separation from service.

(f) Salaries- Section 101(b) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1711(b)) is amended to read as follows:

`(b) Authorization of Appropriations for CBP Employees- There are authorized to be appropriated to United States Customs and Border Protection such sums as may be necessary to increase, beginning January 1, 2008, the annual rate of basic pay for United States Customs and Border Protection employees who have completed at least 1 year of service--

`(1) to the annual rate of basic pay payable for positions at GS-12 of the General Schedule under subchapter III of chapter 53 of title 5, United States Code, for officers and agents who have been paid at the annual rate of basic pay payable for a position at GS-5, GS-6, GS-7, GS-8, or GS-9 of the General Schedule;

`(2) to the annual rate of basic pay payable for positions at GS-12, step 10, GS-13, or GS-14, step 1, respectively, of the General Schedule, for supervisory officers and supervisory border patrol agents who have been paid at an annual rate of pay payable for positions at GS-10, GS-11, or GS-12 of the General Schedule; and

`(3) to the annual rate of basic pay payable for positions at GS-8, GS-9, or GS-10, respectively, of the General Schedule, for assistants who have been paid at an annual rate of pay payable for positions at GS-5, GS-6, or GS-7 of the General Schedule.'.

SEC. 4. PORTS OF ENTRY INFRASTRUCTURE.

(a) In General- The Secretary of Homeland Security may--

(1) construct additional ports of entry along the Northern border and the Southern border; and

(2) determine the location for new ports of entry, except as provided under subsection (c).

(b) Consultation- The Secretary of Homeland Security may designate locations for new ports of entry after consultation with the Secretary of Interior, the Secretary of Agriculture, appropriate representatives of States, local governments, and Indian tribes, and property owners in the United States. Such consultations shall be designed to minimize the impact of the new ports of entry on the environment, culture, commerce, and quality of life for the communities and residents located near the proposed sites at which the such ports of entry will be constructed.

(1) EAGLE PASS- The Secretary shall expand the vehicle, cargo, and pedestrian inspection lanes at the Eagle Pass, Texas port of entry by 6 additional primary and secondary inspection lanes by the end of fiscal year 2012.

(2) LAREDO- The Secretary shall expand the vehicle, cargo, and pedestrian inspection lanes at the Laredo, Texas port of entry by 6 additional primary and secondary inspection lanes by the end of fiscal year 2012.

SEC. 5. EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT AND THE PAPERWORK REDUCTION ACT.

(a) Administrative Procedures Act- Chapter 5 of title 5, United States Code (commonly known as the `Administrative Procedure Act'), and any other law relating to rulemaking, information collection, or publication in the Federal Register, shall not apply to any action to implement this Act, and the amendments made by this Act, to the extent the Secretary of Homeland Security, the Secretary of State, the Attorney General, or the Secretary of Labor determines that compliance with any such requirement would impede the expeditious implementation of this Act or the amendments made by this Act.

(b) Paperwork Reduction Act- Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'), shall not apply to any action to implement this Act or the amendments made by this Act to the extent the Secretary of Homeland Security, the Secretary of State, the Attorney General, or the Secretary of Labor determines that compliance with any such requirement would impede the expeditious implementation of such Act or the amendments made by this Act.

SEC. 6. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES.

(a) In General- Notwithstanding any other provision of law, in implementing this Act--

(1) the competition requirements under section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) shall not apply;

(2) any executive agency entering into a contract to implement this Act may use noncompetitive procedures in accordance with section 303(c) of such Act;

(3) the Secretary of Homeland Security may enter into contracts to implement the programs described in this Act in advance of the receipt of any fees imposed on any beneficiary or petitioner for benefits under this Act;

(4) the Secretary may not collect fees in excess of the amount necessary to defray the costs of the programs described in this Act;

(5) the Secretary may appoint employees on a term, temporary limited, or part-time basis without regard to--

(A) the number of such employees;

(B) the ratio between the number of such employees and the number of permanent full-time employees; and

(6) nothing in chapter 71 of title 5, United States Code, shall affect the authority of any Department of Homeland Security management official to hire employees under this subsection on a temporary limited or part-time basis.

(b) Limitations on Judicial Review- The determination of an executive agency under section 303 of the Federal Property and Administrative Services Act (41 U.S.C. 253(c)) shall not be subject to challenge by protest to--

(1) the Government Accountability Office under subchapter V of chapter 35 of title 31, United States Code; or

(2) the Court of Federal Claims under section 1491 of title 28, United States Code.

(1) immediately submit written notification to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and

(2) submit a quarterly report on the estimated obligations incurred pursuant to the authority granted under subsection (b).

SEC. 7. AUTHORITY TO ACQUIRE LEASEHOLDS.

Notwithstanding any other provision of law, the Secretary of Homeland Security may acquire a leasehold interest in real property, and may provide in a lease entered into under this section for the construction or modification of any facility on the leased property, if the Secretary determines that the acquisition of such interest, and such construction or modification, are necessary to facilitate the implementation of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- In addition to any funds otherwise available, there are authorized to be appropriated--

(1) such sums as may be necessary for each of the fiscal years 2009 through 2012 to carry out subsections (a) and (b) of section 3;

(2) $10,000,000 for each of the fiscal years 2009 through 2012 to carry out section 3(d);

(3) $30,000,000 for each of the fiscal years 2009 through 2012 to carry out section 3(e)(1);

(4) $10,000,000 for each of the fiscal years 2009 through 2012 to carry out section 3(e)(3);

(5) such sums as may be necessary to carry out section 3(f) for fiscal year 2008 and for each succeeding fiscal year; and

(6) $400,000,000 for each of the fiscal years 2008 through 2010 to carry out section 4.

(b) International Agreements- In addition to any funds otherwise made available, there are authorized to be appropriated $100,000,000 for each of the fiscal years 2009 through 2012 for continued implementation of--

(1) the Secure Border Initiative, the Western Hemisphere Travel Initiative, and the US-VISIT program on the Northern border and the Southern border; and

(2) the Customs-Trade Partnership Against Terrorism.

END