text: 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.
      (c) Expansion of Texas Ports of Entry.--
              (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
                      (C) the duration of such employees' employment; 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.
      (c) Reports.--Any executive agency exercising the authority granted 
  under subsections (a) and (b) shall--
              (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.
target: Emergency Port of Entry Personnel and Infrastructure Funding Act of 2007 - Directs the U.S. Customs and Border Protection for FY2009-FY2012 to hire, train, and assign additional customs and border protection personnel (with an additional allotment for Texas) for the Northern and Southern U.S. borders. Requires the Secretary of Homeland Security (Secretary) to ensure such personnel are equipped with secure two-way communication devices and that existing personnel and new hires receive law enforcement training.
  
  Authorizes the Secretary to: (1) construct additional ports of entry along the Northern and Southern U.S. borders; and (2) determine the location for new U.S. ports of entry. Requires expansion of the vehicle, cargo, and pedestrian inspection lanes at Eagle Pass, Texas, and Laredo, Texas.
  
  Exempts the provisions of this Act from: (1) the Administrative Procedures Act and the Paperwork Reduction Act; and (2) federal competitive contracting and hiring requirements.
  
  Authorizes appropriations, including for continued implementation of: (1) the Secure Border Initiative, the Western Hemisphere Travel Initiative, and the US-VISIT program; and (2) the Customs-Trade Partnership Against Terrorism.
feat_title: A bill 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.