[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1253 Reported in Senate (RS)]
<DOC>
Calendar No. 696
118th CONGRESS
2d Session
S. 1253
[Report No. 118-290]
To increase the number of U.S. Customs and Border Protection Customs
and Border Protection officers and support staff and to require reports
that identify staffing, infrastructure, and equipment needed to enhance
security at ports of entry.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Peters (for himself, Mr. Cornyn, Ms. Sinema, Mr. Lankford, Mr.
Ossoff, Mr. Tester, and Mr. Heinrich) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
December 16, 2024
Reported by Mr. Peters, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To increase the number of U.S. Customs and Border Protection Customs
and Border Protection officers and support staff and to require reports
that identify staffing, infrastructure, and equipment needed to enhance
security at ports of entry.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Securing America's Ports of
Entry Act of 2023''.</DELETED>
<DELETED>SEC. 2. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION
PERSONNEL.</DELETED>
<DELETED> (a) Officers.--The Commissioner of U.S. Customs and Border
Protection shall hire, train, and assign not fewer than 600 new U.S.
Customs and Border Protection officers above the current attrition
level during every fiscal year until the total number of U.S. Customs
and Border Protection officers equals and sustains the requirements
identified each year in the Workload Staffing Model.</DELETED>
<DELETED> (b) Support Staff.--The Commissioner is authorized to
hire, train, and assign support staff, including technicians and
Enterprise Services mission support, to perform non-law enforcement
administrative functions to support the new U.S. Customs and Border
Protection officers hired pursuant to subsection (a).</DELETED>
<DELETED> (c) Traffic Forecasts.--In calculating the number of U.S.
Customs and Border Protection officers needed at each port of entry
through the Workload Staffing Model, the Commissioner shall--</DELETED>
<DELETED> (1) rely on data collected regarding the
inspections and other activities conducted at each such port of
entry;</DELETED>
<DELETED> (2) consider volume from seasonal surges, other
projected changes in commercial and passenger volumes, the most
current commercial forecasts, and other relevant information;
and</DELETED>
<DELETED> (3) consider historical volume and forecasts prior
to the COVID-19 pandemic and the impact on international
travel.</DELETED>
<DELETED> (d) GAO Report.--If the Commissioner does not hire the 600
additional U.S. Customs and Border Protection officers authorized under
subsection (a) during fiscal year 2023, or during any subsequent fiscal
year in which the hiring requirements set forth in the Workload
Staffing Model have not been achieved, the Comptroller General of the
United States shall--</DELETED>
<DELETED> (1) conduct a review of U.S. Customs and Border
Protection hiring practices to determine the reasons that such
requirements were not achieved and other issues related to
hiring by U.S. Customs and Border Protection; and</DELETED>
<DELETED> (2) submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
that describes the results of the review conducted under
paragraph (1).</DELETED>
<DELETED>SEC. 3. PORTS OF ENTRY INFRASTRUCTURE ENHANCEMENT
REPORT.</DELETED>
<DELETED> Not later than 90 days after the date of the enactment of
this Act, the Commissioner of U.S. Customs and Border Protection shall
submit a report to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives that identifies--</DELETED>
<DELETED> (1) infrastructure improvements at ports of entry
that would enhance the ability of U.S. Customs and Border
Protection officers to interdict opioids and other drugs that
are being illegally transported into the United States,
including a description of circumstances at specific ports of
entry that prevent the deployment of technology used at other
ports of entry;</DELETED>
<DELETED> (2) detection equipment that would improve the
ability of such officers to identify opioids, including
precursors and derivatives, that are being illegally
transported into the United States; and</DELETED>
<DELETED> (3) safety equipment that would protect such
officers from accidental exposure to such drugs or other
dangers associated with the inspection of potential drug
traffickers.</DELETED>
<DELETED>SEC. 4. REPORTING REQUIREMENTS.</DELETED>
<DELETED> (a) Temporary Duty Assignments.--</DELETED>
<DELETED> (1) Quarterly report.--The Commissioner of U.S.
Customs and Border Protection shall submit a quarterly report
to the appropriate congressional committees that includes, for
the reporting period--</DELETED>
<DELETED> (A) the number of temporary duty
assignments;</DELETED>
<DELETED> (B) the number of U.S. Customs and Border
Protection employees required for each temporary duty
assignment;</DELETED>
<DELETED> (C) the ports of entry from which such
employees were reassigned;</DELETED>
<DELETED> (D) the ports of entry to which such
employees were reassigned;</DELETED>
<DELETED> (E) the ports of entry at which
reimbursable service agreements have been entered into
that may be affected by temporary duty
assignments;</DELETED>
<DELETED> (F) the duration of each temporary duty
assignment;</DELETED>
<DELETED> (G) the cost of each temporary duty
assignment; and</DELETED>
<DELETED> (H) for each temporary duty assignment to
the southwest border, a description of any activities
done in support of U.S. Border Patrol
operations.</DELETED>
<DELETED> (2) Notice.--Not later than 10 days before
redeploying employees from 1 port of entry to another, absent
emergency circumstances--</DELETED>
<DELETED> (A) the Commissioner shall notify the
director of the port of entry from which employees will
be reassigned of the intended redeployments;
and</DELETED>
<DELETED> (B) the port director shall notify
impacted facilities (including airports, seaports, and
land ports) of the intended redeployments.</DELETED>
<DELETED> (3) Staff briefing.--The Commissioner shall brief
all affected U.S. Customs and Border Protection employees
regarding plans to mitigate vulnerabilities created by any
planned staffing reductions at ports of entry.</DELETED>
<DELETED> (b) Reports on U.S. Customs and Border Protection
Agreements.--Section 907(a) of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4451(a)) is amended--</DELETED>
<DELETED> (1) in paragraph (3), by striking ``and an
assessment'' and all that follows and inserting a
period;</DELETED>
<DELETED> (2) by redesignating paragraphs (4) through (12)
as paragraphs (5) through (13), respectively;</DELETED>
<DELETED> (3) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) A description of the factors that were
considered before entering into the agreement, including an
assessment of how the agreement provides economic benefits and
security benefits (if applicable) at the port of entry to which
the agreement relates.''; and</DELETED>
<DELETED> (4) in paragraph (5), as redesignated by paragraph
(2), by inserting after ``the report'' the following: ``,
including the locations of such services and the total hours of
reimbursable services under the agreement, if any''.</DELETED>
<DELETED> (c) Annual Workload Staffing Model Report.--As part of the
Annual Report on Staffing required under section 411(g)(5)(A) of the
Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)(A)), the Commissioner
shall include--</DELETED>
<DELETED> (1) information concerning the progress made
toward meeting the U.S. Customs and Border Protection officer
and support staff hiring targets set forth in section 2, while
accounting for attrition;</DELETED>
<DELETED> (2) an update to the information provided in the
Resource Optimization at the Ports of Entry report, which was
submitted to Congress on September 12, 2017, pursuant to the
Department of Homeland Security Appropriations Act, 2017
(division F of Public Law 115-31); and</DELETED>
<DELETED> (3) a summary of the information included in the
reports required under subsection (a) and section 907(a) of the
Trade Facilitation and Trade Enforcement Act of 2015, as
amended by subsection (b).</DELETED>
<DELETED> (d) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--</DELETED>
<DELETED> (1) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (2) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (3) the Committee on Homeland Security of the
House of Representatives; and</DELETED>
<DELETED> (4) the Committee on Appropriations of the House
of Representatives.</DELETED>
<DELETED>SEC. 5. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There is authorized to be appropriated to carry out this
Act--</DELETED>
<DELETED> (1) $136,292,948 for fiscal year 2024;
and</DELETED>
<DELETED> (2) $156,918,590 for each of the fiscal years 2025
through 2029.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America's Ports of Entry
Act of 2023''.
SEC. 2. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Officers.--Subject to appropriations, the Commissioner of U.S.
Customs and Border Protection shall hire, train, and assign not fewer
than 600 new U.S. Customs and Border Protection officers above the
current attrition level during every fiscal year until the total number
of U.S. Customs and Border Protection officers equals and sustains the
requirements identified each year in the Workload Staffing Model.
(b) Support Staff.--The Commissioner is authorized to hire, train,
and assign support staff, including technicians and Enterprise Services
mission support, to perform non-law enforcement administrative
functions to support the new U.S. Customs and Border Protection
officers hired pursuant to subsection (a).
(c) Traffic Forecasts.--In calculating the number of U.S. Customs
and Border Protection officers needed at each port of entry through the
Workload Staffing Model, the Commissioner shall--
(1) rely on data collected regarding the inspections and
other activities conducted at each such port of entry;
(2) consider volume from seasonal surges, other projected
changes in commercial and passenger volumes, the most current
commercial forecasts, and other relevant information;
(3) consider historical volume and forecasts prior to the
COVID-19 pandemic and the impact on international travel; and
(4) incorporate personnel requirements for increasing the
rate of outbound inspection operations at land ports of entry.
(d) GAO Report.--If the Commissioner does not hire the 600
additional U.S. Customs and Border Protection officers authorized under
subsection (a) during fiscal year 2024, or during any subsequent fiscal
year in which the hiring requirements set forth in the Workload
Staffing Model have not been achieved, the Comptroller General of the
United States shall--
(1) conduct a review of U.S. Customs and Border Protection
hiring practices to determine the reasons that such
requirements were not achieved and other issues related to
hiring by U.S. Customs and Border Protection; and
(2) submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Finance of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on Ways and
Means of the House of Representatives that describes the
results of the review conducted pursuant to paragraph (1).
SEC. 3. PORTS OF ENTRY INFRASTRUCTURE ENHANCEMENT REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Commissioner of U.S. Customs and Border Protection shall submit a
report to the Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Finance of the Senate, the Committee on
Homeland Security of the House of Representatives, and the Committee on
Ways and Means of the House of Representatives that identifies--
(1) infrastructure improvements at ports of entry that
would enhance the ability of U.S. Customs and Border Protection
officers to interdict opioids and other drugs that are being
illegally transported into the United States, including a
description of circumstances at specific ports of entry that
prevent the deployment of technology used at other ports of
entry;
(2) detection equipment that would improve the ability of
such officers to identify opioids, including precursors and
derivatives, that are being illegally transported into the
United States; and
(3) safety equipment that would protect such officers from
accidental exposure to such drugs or other dangers associated
with the inspection of potential drug traffickers.
SEC. 4. REPORTING REQUIREMENTS.
(a) Temporary Duty Assignments.--
(1) Quarterly report.--The Commissioner of U.S. Customs and
Border Protection shall submit a quarterly report to the
appropriate congressional committees that includes, for the
reporting period--
(A) the number of temporary duty assignments;
(B) the number of U.S. Customs and Border
Protection officers required for each temporary duty
assignment;
(C) the ports of entry from which such officers
were reassigned;
(D) the ports of entry to which such officers were
reassigned;
(E) the ports of entry at which reimbursable
service agreements have been entered into that may be
affected by temporary duty assignments;
(F) the duration of each temporary duty assignment;
(G) the cost of each temporary duty assignment; and
(H) the extent to which the temporary duty
assignments within the reporting period were in support
of the other U.S. Customs and Border Protection
activities or operations along the southern border of
the United States, including the specific costs
associated with such temporary duty assignments.
(2) Notice.--Not later than 10 days before redeploying
employees from 1 port of entry to another, absent emergency
circumstances--
(A) the Commissioner shall notify the director of
the port of entry from which employees will be
reassigned of the intended redeployments; and
(B) the port director shall notify impacted
facilities (including airports, seaports, and land
ports) of the intended redeployments.
(3) Staff briefing.--The Commissioner shall brief all
affected U.S. Customs and Border Protection employees regarding
plans to mitigate vulnerabilities created by any planned
staffing reductions at ports of entry.
(b) Reports on U.S. Customs and Border Protection Agreements.--
Section 907(a) of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4451(a)) is amended--
(1) in paragraph (3), by striking ``and an assessment'' and
all that follows and inserting a period;
(2) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(3) by inserting after paragraph (3) the following:
``(4) A description of the factors that were considered
before entering into the agreement, including an assessment of
how the agreement provides economic benefits and security
benefits (if applicable) at the port of entry to which the
agreement relates.''; and
(4) in paragraph (5), as redesignated by paragraph (2), by
inserting after ``the report'' the following: ``, including the
locations of such services and the total hours of reimbursable
services under the agreement, if any''.
(c) Annual Workload Staffing Model Report.--As part of the Annual
Report on Staffing required under section 411(g)(5)(A) of the Homeland
Security Act of 2002 (6 U.S.C. 211(g)(5)(A)), the Commissioner shall
include--
(1) information concerning the progress made toward meeting
the U.S. Customs and Border Protection officer and support
staff hiring targets set forth in section 2, while accounting
for attrition;
(2) an update to the information provided in the Resource
Optimization at the Ports of Entry report, which was submitted
to Congress on September 12, 2017, pursuant to the Department
of Homeland Security Appropriations Act, 2017 (division F of
Public Law 115-31); and
(3) a summary of the information included in the reports
required under subsection (a) and section 907(a) of the Trade
Facilitation and Trade Enforcement Act of 2015, as amended by
subsection (b).
(d) CBP One Mobile Application.--During the 2-year period beginning
on the date of the enactment of this Act, the Commissioner of U.S.
Customs and Border Protection shall publish a monthly report on the use
of the CBP One mobile application, including, with respect to each
reporting period--
(1) the number of application registration attempts made
through CBP One pursuant to the Circumvention of Lawful
Pathways final rule (88 Fed. Reg. 31314 (May 16, 2023) that
resulted in a system error, disaggregated by error type;
(2) the total number of noncitizens who successfully
registered appointments through CBP One pursuant to such rule;
(3) the total number of appointments made through CBP One
pursuant to such rule that went unused;
(4) the total number of individuals who have been granted
parole with a Notice to Appear subsequent to appointments
scheduled for such individuals through CBP One pursuant to such
rule; and
(5) the total number of noncitizens who have been issued a
Notice to Appear and have been transferred to U.S. Immigration
and Customs Enforcement custody subsequent to appointments
scheduled for such noncitizens through CBP One pursuant to such
rule.
(e) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Finance of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Ways and Means of the House of
Representatives
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act--
(1) $136,292,948 for fiscal year 2024; and
(2) $156,918,590 for each of the fiscal years 2025 through
2029.
Amend the title so as to read: ``A bill to increase the
number of U.S. Customs and Border Protection officers and
support staff and to require reports that identify staffing,
infrastructure, and equipment needed to enhance security at
ports of entry.''.
Calendar No. 696
118th CONGRESS
2d Session
S. 1253
[Report No. 118-290]
_______________________________________________________________________
A BILL
To increase the number of U.S. Customs and Border Protection Customs
and Border Protection officers and support staff and to require reports
that identify staffing, infrastructure, and equipment needed to enhance
security at ports of entry.
_______________________________________________________________________
December 16, 2024
Reported with an amendment and an amendment to the title