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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4672 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 682
118th CONGRESS
  2d Session
                                S. 4672

                          [Report No. 118-279]

 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

                            December 9, 2024

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Border Weather Resiliency 
Act of 2024''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Homeland Security of 
                the House of Representatives.</DELETED>
        <DELETED>    (2) Commissioner.--The term ``Commissioner'' means 
        the Commissioner for U.S. Customs and Border 
        Protection.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) other weather hazards, such as extreme 
                heat or cold, wildfire, drought, dense fog, damaging 
                winds, earthquakes, tsunamis, river flooding, and 
                lakeshore flooding.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.</DELETED>

<DELETED>SEC. 3. ASSESSMENT OF IMPACTS OF HAZARDOUS WEATHER AND WATER 
              EVENTS ON U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL, 
              TECHNOLOGY, AND INFRASTRUCTURE.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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));</DELETED>
        <DELETED>    (2) the health, safety, and well being of--
        </DELETED>
                <DELETED>    (A) U.S. Customs and Border Protection 
                personnel; and</DELETED>
                <DELETED>    (B) individuals being inspected by U.S. 
                Customs and Border Protection;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) the effectiveness of agent and officer 
        uniforms and the uniform distribution platform in ensuring 
        agent and officer safety and comfort during such 
        events.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) contains the results of the assessment 
        conducted by the Commissioner pursuant to subsection (a); 
        and</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 4. STRATEGY TO ADDRESS IMPACTS OF HAZARDOUS WEATHER AND 
              WATER EVENTS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (2) the health, safety, and well-being of--
        </DELETED>
                <DELETED>    (A) U.S. Customs and Border Protection 
                personnel; and</DELETED>
                <DELETED>    (B) individuals being inspected by U.S. 
                Customs and Border Protection; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Consultation.--</DELETED>
        <DELETED>    (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)--</DELETED>
                <DELETED>    (A) shall consult and engage with, at a 
                minimum--</DELETED>
                        <DELETED>    (i) the Administrator of the 
                        National Oceanic and Atmospheric 
                        Administration;</DELETED>
                        <DELETED>    (ii) the Administrator of the 
                        General Services Administration;</DELETED>
                        <DELETED>    (iii) the Secretary of Health and 
                        Human Services;</DELETED>
                        <DELETED>    (iv) Governors of States with an 
                        international border;</DELETED>
                        <DELETED>    (v) Tribal governments whose 
                        official territory is within 50 miles of the 
                        southern or northern border of the United 
                        States; and</DELETED>
                        <DELETED>    (vi) representative organizations 
                        representing U.S. Customs and Border Protection 
                        personnel, including Border Patrol agents; 
                        and</DELETED>
                <DELETED>    (B) may consult with nongovernmental 
                experts, including experts in the fields of--</DELETED>
                        <DELETED>    (i) meteorology;</DELETED>
                        <DELETED>    (ii) public health; and</DELETED>
                        <DELETED>    (iii) infrastructure and 
                        technology weather resiliency.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) Cost-Benefit Analysis.--The strategy required under 
subsection (a) shall include a cost-benefit analysis of implementing 
such strategy.</DELETED>
<DELETED>    (d) Implementation.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) describes the efforts of the 
                Department of Homeland Security to implement the 
                strategy and the progress made as a result of such 
                efforts;</DELETED>
                <DELETED>    (B) includes any recommendations for 
                mitigating the impacts of hazardous weather and water 
                events and the extent to which such recommendations 
                were implemented; and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 5. SAFETY PROTOCOLS TO PROTECT U.S. CUSTOMS AND BORDER 
              PROTECTION PERSONNEL, TECHNOLOGY, AND 
              INFRASTRUCTURE.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) to carry out its statutory duties;</DELETED>
        <DELETED>    (2) to ensure the health, safety, and well being 
        of--</DELETED>
                <DELETED>    (A) U.S. Customs and Border Protection 
                personnel; and</DELETED>
                <DELETED>    (B) individuals being inspected by U.S. 
                Customs and Border Protection; and</DELETED>
        <DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Weather Resiliency Act of 
2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Relevant congressional committees.--The term ``relevant 
        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 
relevant 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 relevant 
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 relevant 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 relevant 
        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.

SEC. 6. NO ADDITIONAL FUNDS.

    No additional funds are authorized to be appropriated for the 
purpose of carrying out this Act.
                                                       Calendar No. 682

118th CONGRESS

  2d Session

                                S. 4672

                          [Report No. 118-279]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 9, 2024

                       Reported with an amendment
```