S.Amdt. 1621

SA 1621. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to
the bill S. 744, to provide for comprehensive immigration reform and
for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title I of the amendment, add
the following:

SEC. 1204. EMERGENCY PORT OF ENTRY PERSONNEL AND
INFRASTRUCTURE FUNDING.

(a) Staff Enhancements.--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 shall, by not later
than September 30, 2018, and subject to the availability of
appropriations for such purpose, hire, train, and assign to
duty 1,500 additional U.S. Customs and Border Protection
officers (not less than 50 percent of which shall be
designated to serve on all inspection lanes (primary,
secondary, incoming, and outgoing) and enforcement teams at
land ports of entry on the Northern border and the Southern
border) and 350 additional full-time support staff, compared
to the number of such officers and employees on the date of
the enactment of this Act, to be distributed among all United
States ports of entry.
(b) Waiver of Personnel Limitation.--The Secretary may
waive any limitation on the number of full-time equivalent
personnel assigned to the Department in order to fulfill the
requirements under subsection (a).
(c) 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 appropriate committees of Congress a report containing
the Department's plans for ensuring the placement of
sufficient officers of U.S. Customs and Border Protection on
outbound inspections, and adequate outbound infrastructure,
at all Southern and Northern border land ports of entry.
(2) Agricultural specialists.--Not later than 90 days after
the date of the enactment of this Act, the Secretary, in
consultation with the Secretary of Agriculture, shall submit
to the appropriate committees of Congress a report that
contains the Department's plans for ensuring the placement of
sufficient agriculture specialists at all Southern border and
Northern border land ports of entry.
(3) Annual implementation report.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to the appropriate
committees of Congress a report that--
(A) describes in detail the Department's implementation
plan for staff enhancements required under subsection (a);
(B) includes the number of additional personnel assigned to
duty at land ports of entry by location; and
(C) describes the methodology used to determine the
distribution of additional personnel to address northbound
and southbound cross-border inspections.
(4) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on the Judiciary and the Committee on
Homeland Security of the House of Representatives.
(d) Secure Communication.--The Secretary shall ensure that
each officer of U.S. Customs and Border Protection is
equipped with a secure 2-way communication and satellite-
enabled device, supported by system interoperability, that
allows such officers to communicate between ports of entry
and inspection stations, and with other Federal, State,
local, and tribal law enforcement entities.
(e) Border Area Security Initiative Grant Program.--The
Secretary shall establish a grant program for the purchase of
detection equipment at land ports of entry and mobile, hand-
held, 2-way communication and biometric devices for State and
local law enforcement officers serving on the Southern border
and Northern border.
(f) Port of Entry Infrastructure Improvements.--In order to
aid in the enforcement of Federal customs, immigration, and
agriculture laws, the Commissioner responsible for U.S.
Customs and Border Protection may--
(1) design, construct, and modify United States ports of
entry, living quarters for officers, agents, and personnel,
and other structures and facilities, including those owned by
municipalities, local governments, or private entities
located at land ports of entry;
(2) acquire, 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
(3) construct additional ports of entry along the Southern
border and the Northern border.
(g) 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, local
governments, Indian tribes, and property owners--
(A) to determine locations for new ports of entry; and
(B) to minimize adverse impacts from such ports on the
environment, historic and cultural resources, commerce, and
quality of life for the communities and residents located
near such ports.
(2) Savings provision.--Nothing in this subsection may be
construed--
(A) to create any right or liability of the parties
described in paragraph (1);
(B) to affect the legality and validity of any
determination under this Act by the Secretary; or
(C) to affect any consultation requirement under any other
law.
(h) Authority to Acquire Leaseholds.--Notwithstanding any
other provision of law, the Secretary may acquire a leasehold
interest in real property, and may construct or modify 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.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, for each of the
fiscal years 2014 through 2018, $1,000,000,000, of which
$5,000,000 shall be used for grants authorized under
subsection (e).
(j) Offset; Rescission of Unobligated Federal Funds.--
(1) In general.--There is hereby rescinded, from
appropriated discretionary funds that remain available for
obligation as of the date of the enactment of this Act (other
than the unobligated funds described in paragraph (4)),
amounts determined by the Director of the Office of
Management and Budget such that the aggregate amount of the
rescission equals the amount authorized to be appropriated
under subsection (i).
(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 a report to Congress and
to the Secretary of the Treasury 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. 1205. CROSS-BORDER TRADE ENHANCEMENT.

(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
General Services Administration.

[[Page S5079]]

(2) Administrator.--The term ``Administrator'' means the
Administrator of the General Services Administration.
(3) Person.--The term ``person'' means an individual or any
corporation, partnership, trust, association, or any other
public or private entity, including a State or local
government.
(b) Agreements Authorized.--Notwithstanding any other
provision of law, upon the request of any persons, the
Administrator may, for purposes of facilitating construction,
alteration, operation or maintenance of a new or existing
facility or other infrastructure at a port of entry, enter
into cost-sharing or reimbursement agreements or accept a
donation of real and personal property (including monetary
donations) and nonpersonal services.
(c) Evaluation Procedures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation
with the Secretary, shall establish procedures for evaluating
a proposal submitted by any person under subsection (b)--
(A) to enter into a cost-sharing or reimbursement agreement
with the Administration to facilitate the construction,
alteration, operation, or maintenance of a new or existing
facility or other infrastructure at a land border port of
entry; or
(B) to provide the Administration with a donation of real
and personal property (including monetary donations) and
nonpersonal services to be used in the construction,
alteration, operation, or maintenance of a facility or other
infrastructure at a land border port of entry under the
control of the Administration.
(2) Specification.--Donations made under paragraph (1)(B)
may specify--
(A) the land port of entry facility or facilities in
support of which the donation is being made; and
(B) the time frame in which the donated property or
services shall be used.
(3) Return of donation.--If the Administrator does not use
the property or services donated pursuant to paragraph (1)(B)
for the specific facility or facilities designated pursuant
to paragraph (2)(A) or within the time frame specified
pursuant to paragraph (2)(B), such donated property or
services shall be returned to the person that made the
donation.
(4) Determination and notification.--
(A) In general.--Not later than 90 days after receiving a
proposal pursuant to subsection (b) with respect to the
construction or maintenance of a facility or other
infrastructure at a land border port of entry, the
Administrator shall--
(i) make a determination with respect to whether or not to
approve the proposal; and
(ii) notify the person that submitted the proposal of--

(I) the determination; and
(II) if the Administrator did not approve the proposal, the
reasons for such disapproval.

(B) Considerations.--In determining whether or not to
approve a proposal under this subsection, the Administrator
shall consider--
(i) the impact of the proposal on reducing wait times at
that port of entry and other ports of entry on the same
border;
(ii) the potential of the proposal to increase trade and
travel efficiency through added capacity; and
(iii) the potential of the proposal to enhance the security
of the port of entry.
(d) Delegation.--For facilities where the Administrator has
delegated or transferred to the Secretary, operations,
ownership, or other authorities over land border ports of
entry, the authorities and requirements of the Administrator
under this section shall be deemed to apply to the Secretary.
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