[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4672 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4672
To require the Commissioner for U.S. Customs and Border Protection to
assess current efforts to respond to hazardous weather and water events
at or near United States borders and, to the extent such efforts may be
improved, to develop a hazardous weather and water events preparedness
and response strategy, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11 (legislative day, July 10), 2024
Ms. Sinema (for herself, Mr. Cornyn, Mr. Peters, and Mr. Cramer)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require the Commissioner for U.S. Customs and Border Protection to
assess current efforts to respond to hazardous weather and water events
at or near United States borders and, to the extent such efforts may be
improved, to develop a hazardous weather and water events preparedness
and response strategy, and for other purposes.
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 ``Border Weather Resiliency Act of
2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner for U.S. Customs and Border Protection.
(3) Hazardous weather and water events.--The term
``hazardous weather and water events'' means weather and
weather-related water events that have a high risk of
endangering life or causing significant damage to property,
including--
(A) severe storms, such as hurricanes and short-
fused, small-scale hazardous weather or hydrologic
events produced by thunderstorms, including large hail,
damaging winds, tornadoes, and flash floods;
(B) winter storms, such as freezing or frozen
precipitation (including freezing rain, sleet, and
snow), or combined effects of freezing or frozen
precipitation and strong winds; and
(C) other weather hazards, such as extreme heat or
cold, wildfire, drought, dense fog, damaging winds,
earthquakes, tsunamis, river flooding, and lakeshore
flooding.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. ASSESSMENT OF IMPACTS OF HAZARDOUS WEATHER AND WATER EVENTS ON
U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL, TECHNOLOGY,
AND INFRASTRUCTURE.
(a) Assessment.--The Commissioner shall conduct an assessment of
the impacts that hazardous weather and water events, occurring during
the 5-year period immediately preceding the date of the enactment of
this Act, have had on--
(1) the effectiveness by which U.S. Customs and Border
Protection has carried out the duties as set forth in section
411(c) of the Homeland Security Act of 2002 (6 U.S.C. 211(c));
(2) the health, safety, and well being of--
(A) U.S. Customs and Border Protection personnel;
and
(B) individuals being inspected by U.S. Customs and
Border Protection;
(3) the ability of U.S. Customs and Border Protection to
maintain the integrity and operability of border security
technology, infrastructure, vehicles, and other significant
real or personal property owned or operated by U.S. Customs and
Border Protection; and
(4) the effectiveness of agent and officer uniforms and the
uniform distribution platform in ensuring agent and officer
safety and comfort during such events.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that--
(1) contains the results of the assessment conducted by the
Commissioner pursuant to subsection (a); and
(2) describes the efforts of the Secretary and the
Commissioner to respond to and otherwise address the impacts of
the hazardous weather and water events referred to in
subsection (a).
SEC. 4. STRATEGY TO ADDRESS IMPACTS OF HAZARDOUS WEATHER AND WATER
EVENTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a strategy for mitigating the impacts of
hazardous weather and water events on--
(1) the effectiveness by which U.S. Customs and Border
Protection carries out its statutory duties, as prescribed
under section 411 of the Homeland Security Act of 2002 (6
U.S.C. 211);
(2) the health, safety, and well-being of--
(A) U.S. Customs and Border Protection personnel;
and
(B) individuals being inspected by U.S. Customs and
Border Protection; and
(3) the ability of U.S. Customs and Border Protection to
maintain the integrity and operability of border security
technology, infrastructure, vehicles, and other significant
real or personal property owned or operated by U.S. Customs and
Border Protection.
(b) Consultation.--
(1) In general.--While developing and implementing the
strategy required under subsection (a), the Secretary, in
addition to consulting with appropriate officials of the
Department of Homeland Security, and except as provided in
paragraph (2)--
(A) shall consult and engage with, at a minimum--
(i) the Administrator of the National
Oceanic and Atmospheric Administration;
(ii) the Administrator of the General
Services Administration;
(iii) the Secretary of Health and Human
Services;
(iv) Governors of States with an
international border;
(v) Tribal governments whose official
territory is within 50 miles of the southern or
northern border of the United States; and
(vi) representative organizations
representing U.S. Customs and Border Protection
personnel, including Border Patrol agents; and
(B) may consult with nongovernmental experts,
including experts in the fields of--
(i) meteorology;
(ii) public health; and
(iii) infrastructure and technology weather
resiliency.
(2) Nonapplicability of federal advisory committee act.--
Chapter 10 of title 5, United States Code (commonly referred to
as the ``Federal Advisory Committee Act''), shall not apply to
any consultation authorized under paragraph (1)(B).
(c) Cost-Benefit Analysis.--The strategy required under subsection
(a) shall include a cost-benefit analysis of implementing such
strategy.
(d) Implementation.--
(1) In general.--Not later than 1 year after the date on
which the strategy required under subsection (a) is submitted
to the appropriate congressional committees, the Secretary
shall commence the implementation of such strategy.
(2) Semiannual report.--Not later than 180 days after the
commencement of the implementation of the strategy pursuant to
paragraph (1), and semiannually thereafter for the following 5
years, the Secretary shall submit a report to the appropriate
congressional committees that--
(A) describes the efforts of the Department of
Homeland Security to implement the strategy and the
progress made as a result of such efforts;
(B) includes any recommendations for mitigating the
impacts of hazardous weather and water events and the
extent to which such recommendations were implemented;
and
(C) assesses the resources and cost necessary for
U.S. Customs and Border Protection to implement such
recommendations, with a focus on effectively carrying
out its statutory duties.
(e) Limitation.--Nothing in the strategy developed pursuant to
subsection (a) may conflict with any provision of the Immigration and
Nationality Act (8 U.S.C. 1001 et seq.).
SEC. 5. SAFETY PROTOCOLS TO PROTECT U.S. CUSTOMS AND BORDER PROTECTION
PERSONNEL, TECHNOLOGY, AND INFRASTRUCTURE.
Not later than 1 year after the date of the enactment of this Act,
the Commissioner shall establish safety protocols and procedures to
mitigate the impact of hazardous weather and water events on the
ability of U.S. Customs and Border Protection--
(1) to carry out its statutory duties;
(2) to ensure the health, safety, and well being of--
(A) U.S. Customs and Border Protection personnel;
and
(B) individuals being inspected by U.S. Customs and
Border Protection; and
(3) to maintain the integrity and operability of border
security technology, infrastructure, vehicles, and other
significant real or personal property owned or operated by U.S.
Customs and Border Protection.
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