II 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border Weather Resil5 iency Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the Committee on Homeland Security 

12 and Governmental Affairs of the Senate; and 

13 (B) the Committee on Homeland Security 

14 of the House of Representatives. 

15 (2) COMMISSIONER.—The term ‘‘Commis16 sioner’’ means the Commissioner for U.S. Customs 

17 and Border Protection. 

18 (3) HAZARDOUS WEATHER AND WATER

19 EVENTS.—The term ‘‘hazardous weather and water 

20 events’’ means weather and weather-related water 

21 events that have a high risk of endangering life or 

22 causing significant damage to property, including— 

23 (A) severe storms, such as hurricanes and 

24 short-fused, small-scale hazardous weather or 

25 hydrologic events produced by thunderstorms, 


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1 including large hail, damaging winds, torna2 does, and flash floods; 

3 (B) winter storms, such as freezing or fro4 zen precipitation (including freezing rain, sleet, 

5 and snow), or combined effects of freezing or 

6 frozen precipitation and strong winds; and 

7 (C) other weather hazards, such as ex8 treme heat or cold, wildfire, drought, dense fog, 

9 damaging winds, earthquakes, tsunamis, river 

10 flooding, and lakeshore flooding. 

11 (4) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Homeland Security. 

13 SEC. 3. ASSESSMENT OF IMPACTS OF HAZARDOUS WEATH14 ER AND WATER EVENTS ON U.S. CUSTOMS 

15 AND BORDER PROTECTION PERSONNEL, 

16 TECHNOLOGY, AND INFRASTRUCTURE. 

17 (a) ASSESSMENT.—The Commissioner shall conduct 

18 an assessment of the impacts that hazardous weather and 

19 water events, occurring during the 5-year period imme20 diately preceding the date of the enactment of this Act, 

21 have had on— 

22 (1) the effectiveness by which U.S. Customs 

23 and Border Protection has carried out the duties as 

24 set forth in section 411(c) of the Homeland Security 

25 Act of 2002 (6 U.S.C. 211(c)); 


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1 (2) the health, safety, and well being of— 

2 (A) U.S. Customs and Border Protection 

3 personnel; and 

4 (B) individuals being inspected by U.S. 

5 Customs and Border Protection; 

6 (3) the ability of U.S. Customs and Border 

7 Protection to maintain the integrity and operability 

8 of border security technology, infrastructure, vehi9 cles, and other significant real or personal property 

10 owned or operated by U.S. Customs and Border 

11 Protection; and 

12 (4) the effectiveness of agent and officer uni13 forms and the uniform distribution platform in en14 suring agent and officer safety and comfort during 

15 such events. 

16 (b) REPORT.—Not later than 180 days after the date 

17 of the enactment of this Act, the Secretary shall submit 

18 a report to the appropriate congressional committees 

19 that— 

20 (1) contains the results of the assessment con21 ducted by the Commissioner pursuant to subsection 

22 (a); and 

23 (2) describes the efforts of the Secretary and 

24 the Commissioner to respond to and otherwise adVerDate Sep 11 2014 23:52 Dec 09, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S4672.RS S4672

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1 dress the impacts of the hazardous weather and 

2 water events referred to in subsection (a). 

3 SEC. 4. STRATEGY TO ADDRESS IMPACTS OF HAZARDOUS 

4 WEATHER AND WATER EVENTS. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of the enactment of this Act, the Secretary shall sub7 mit to the appropriate congressional committees a strategy 

8 for mitigating the impacts of hazardous weather and water 

9 events on— 

10 (1) the effectiveness by which U.S. Customs 

11 and Border Protection carries out its statutory du12 ties, as prescribed under section 411 of the Home13 land Security Act of 2002 (6 U.S.C. 211); 

14 (2) the health, safety, and well-being of— 

15 (A) U.S. Customs and Border Protection 

16 personnel; and 

17 (B) individuals being inspected by U.S. 

18 Customs and Border Protection; and 

19 (3) the ability of U.S. Customs and Border 

20 Protection to maintain the integrity and operability 

21 of border security technology, infrastructure, vehi22 cles, and other significant real or personal property 

23 owned or operated by U.S. Customs and Border 

24 Protection. 

25 (b) CONSULTATION.— 


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1 (1) IN GENERAL.—While developing and imple2 menting the strategy required under subsection (a), 

3 the Secretary, in addition to consulting with appro4 priate officials of the Department of Homeland Se5 curity, and except as provided in paragraph (2)— 

6 (A) shall consult and engage with, at a 

7 minimum— 

8 (i) the Administrator of the National 

9 Oceanic and Atmospheric Administration; 

10 (ii) the Administrator of the General 

11 Services Administration; 

12 (iii) the Secretary of Health and 

13 Human Services; 

14 (iv) Governors of States with an inter15 national border; 

16 (v) Tribal governments whose official 

17 territory is within 50 miles of the southern 

18 or northern border of the United States; 

19 and 

20 (vi) representative organizations rep21 resenting U.S. Customs and Border Pro22 tection personnel, including Border Patrol 

23 agents; and 

24 (B) may consult with nongovernmental ex25 perts, including experts in the fields of— 


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1 (i) meteorology; 

2 (ii) public health; and 

3 (iii) infrastructure and technology 

4 weather resiliency. 

5 (2) NONAPPLICABILITY OF FEDERAL ADVISORY

6 COMMITTEE ACT.—Chapter 10 of title 5, United 

7 States Code (commonly referred to as the ‘‘Federal 

8 Advisory Committee Act’’), shall not apply to any 

9 consultation authorized under paragraph (1)(B). 

10 (c) COST-BENEFIT ANALYSIS.—The strategy re11 quired under subsection (a) shall include a cost-benefit 

12 analysis of implementing such strategy. 

13 (d) IMPLEMENTATION.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date on which the strategy required under sub16 section (a) is submitted to the appropriate congres17 sional committees, the Secretary shall commence the 

18 implementation of such strategy. 

19 (2) SEMIANNUAL REPORT.—Not later than 180 

20 days after the commencement of the implementation 

21 of the strategy pursuant to paragraph (1), and semi22 annually thereafter for the following 5 years, the 

23 Secretary shall submit a report to the appropriate 

24 congressional committees that— 


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1 (A) describes the efforts of the Depart2 ment of Homeland Security to implement the 

3 strategy and the progress made as a result of 

4 such efforts; 

5 (B) includes any recommendations for 

6 mitigating the impacts of hazardous weather 

7 and water events and the extent to which such 

8 recommendations were implemented; and 

9 (C) assesses the resources and cost nec10 essary for U.S. Customs and Border Protection 

11 to implement such recommendations, with a 

12 focus on effectively carrying out its statutory 

13 duties. 

14 (e) LIMITATION.—Nothing in the strategy developed 

15 pursuant to subsection (a) may conflict with any provision 

16 of the Immigration and Nationality Act (8 U.S.C. 1001 

17 et seq.). 

18 SEC. 5. SAFETY PROTOCOLS TO PROTECT U.S. CUSTOMS 

19 AND BORDER PROTECTION PERSONNEL, 

20 TECHNOLOGY, AND INFRASTRUCTURE. 

21 Not later than 1 year after the date of the enactment 

22 of this Act, the Commissioner shall establish safety proto23 cols and procedures to mitigate the impact of hazardous 

24 weather and water events on the ability of U.S. Customs 

25 and Border Protection— 


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1 (1) to carry out its statutory duties; 

2 (2) to ensure the health, safety, and well being 

3 of— 

4 (A) U.S. Customs and Border Protection 

5 personnel; and 

6 (B) individuals being inspected by U.S. 

7 Customs and Border Protection; and 

8 (3) to maintain the integrity and operability of 

9 border security technology, infrastructure, vehicles, 

10 and other significant real or personal property 

11 owned or operated by U.S. Customs and Border 

12 Protection. 

13 SECTION 1. SHORT TITLE. 

14 This Act may be cited as the ‘‘Border Weather Resil15 iency Act of 2024’’. 

16 SEC. 2. DEFINITIONS. 

17 In this Act: 

18 (1) RELEVANT CONGRESSIONAL COMMITTEES.— 

19 The term ‘‘relevant congressional committees’’ 

20 means— 

21 (A) the Committee on Homeland Security 

22 and Governmental Affairs of the Senate; and 

23 (B) the Committee on Homeland Security of 

24 the House of Representatives. 


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1 (2) COMMISSIONER.—The term ‘‘Commissioner’’ 

2 means the Commissioner for U.S. Customs and Bor3 der Protection. 

4 (3) HAZARDOUS WEATHER AND WATER

5 EVENTS.—The term ‘‘hazardous weather and water 

6 events’’ means weather and weather-related water 

7 events that have a high risk of endangering life or 

8 causing significant damage to property, including— 

9 (A) severe storms, such as hurricanes and 

10 short-fused, small-scale hazardous weather or hy11 drologic events produced by thunderstorms, in12 cluding large hail, damaging winds, tornadoes, 

13 and flash floods; 

14 (B) winter storms, such as freezing or frozen 

15 precipitation (including freezing rain, sleet, and 

16 snow), or combined effects of freezing or frozen 

17 precipitation and strong winds; and 

18 (C) other weather hazards, such as extreme 

19 heat or cold, wildfire, drought, dense fog, dam20 aging winds, earthquakes, tsunamis, river flood21 ing, and lakeshore flooding. 

22 (4) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Homeland Security. 


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1 SEC. 3. ASSESSMENT OF IMPACTS OF HAZARDOUS WEATH2 ER AND WATER EVENTS ON U.S. CUSTOMS 

3 AND BORDER PROTECTION PERSONNEL, 

4 TECHNOLOGY, AND INFRASTRUCTURE. 

5 (a) ASSESSMENT.—The Commissioner shall conduct 

6 an assessment of the impacts that hazardous weather and 

7 water events, occurring during the 5-year period imme8 diately preceding the date of the enactment of this Act, have 

9 had on— 

10 (1) the effectiveness by which U.S. Customs and 

11 Border Protection has carried out the duties as set 

12 forth in section 411(c) of the Homeland Security Act 

13 of 2002 (6 U.S.C. 211(c)); 

14 (2) the health, safety, and well being of— 

15 (A) U.S. Customs and Border Protection 

16 personnel; and 

17 (B) individuals being inspected by U.S. 

18 Customs and Border Protection; 

19 (3) the ability of U.S. Customs and Border Pro20 tection to maintain the integrity and operability of 

21 border security technology, infrastructure, vehicles, 

22 and other significant real or personal property owned 

23 or operated by U.S. Customs and Border Protection; 

24 and 

25 (4) the effectiveness of agent and officer uniforms 

26 and the uniform distribution platform in ensuring 


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1 agent and officer safety and comfort during such 

2 events. 

3 (b) REPORT.—Not later than 180 days after the date 

4 of the enactment of this Act, the Secretary shall submit a 

5 report to the relevant congressional committees that— 

6 (1) contains the results of the assessment con7 ducted by the Commissioner pursuant to subsection 

8 (a); and 

9 (2) describes the efforts of the Secretary and the 

10 Commissioner to respond to and otherwise address the 

11 impacts of the hazardous weather and water events 

12 referred to in subsection (a). 

13 SEC. 4. STRATEGY TO ADDRESS IMPACTS OF HAZARDOUS 

14 WEATHER AND WATER EVENTS. 

15 (a) IN GENERAL.—Not later than 1 year after the date 

16 of the enactment of this Act, the Secretary shall submit to 

17 the relevant congressional committees a strategy for miti18 gating the impacts of hazardous weather and water events 

19 on— 

20 (1) the effectiveness by which U.S. Customs and 

21 Border Protection carries out its statutory duties, as 

22 prescribed under section 411 of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 211); 

24 (2) the health, safety, and well-being of— 


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1 (A) U.S. Customs and Border Protection 

2 personnel; and 

3 (B) individuals being inspected by U.S. 

4 Customs and Border Protection; and 

5 (3) the ability of U.S. Customs and Border Pro6 tection to maintain the integrity and operability of 

7 border security technology, infrastructure, vehicles, 

8 and other significant real or personal property owned 

9 or operated by U.S. Customs and Border Protection. 

10 (b) CONSULTATION.— 

11 (1) IN GENERAL.—While developing and imple12 menting the strategy required under subsection (a), 

13 the Secretary, in addition to consulting with appro14 priate officials of the Department of Homeland Secu15 rity, and except as provided in paragraph (2)— 

16 (A) shall consult and engage with, at a 

17 minimum— 

18 (i) the Administrator of the National 

19 Oceanic and Atmospheric Administration; 

20 (ii) the Administrator of the General 

21 Services Administration; 

22 (iii) the Secretary of Health and 

23 Human Services; 

24 (iv) Governors of States with an inter25 national border; 


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1 (v) Tribal governments whose official 

2 territory is within 50 miles of the southern 

3 or northern border of the United States; and 

4 (vi) representative organizations rep5 resenting U.S. Customs and Border Protec6 tion personnel, including Border Patrol 

7 agents; and 

8 (B) may consult with nongovernmental ex9 perts, including experts in the fields of— 

10 (i) meteorology; 

11 (ii) public health; and 

12 (iii) infrastructure and technology 

13 weather resiliency. 

14 (2) NONAPPLICABILITY OF FEDERAL ADVISORY

15 COMMITTEE ACT.—Chapter 10 of title 5, United 

16 States Code (commonly referred to as the ‘‘Federal 

17 Advisory Committee Act’’), shall not apply to any 

18 consultation authorized under paragraph (1)(B). 

19 (c) COST-BENEFIT ANALYSIS.—The strategy required 

20 under subsection (a) shall include a cost-benefit analysis of 

21 implementing such strategy. 

22 (d) IMPLEMENTATION.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date on which the strategy required under sub25 section (a) is submitted to the relevant congressional 


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1 committees, the Secretary shall commence the imple2 mentation of such strategy. 

3 (2) SEMIANNUAL REPORT.—Not later than 180 

4 days after the commencement of the implementation 

5 of the strategy pursuant to paragraph (1), and semi6 annually thereafter for the following 5 years, the Sec7 retary shall submit a report to the relevant congres8 sional committees that— 

9 (A) describes the efforts of the Department 

10 of Homeland Security to implement the strategy 

11 and the progress made as a result of such efforts; 

12 (B) includes any recommendations for miti13 gating the impacts of hazardous weather and 

14 water events and the extent to which such rec15 ommendations were implemented; and 

16 (C) assesses the resources and cost necessary 

17 for U.S. Customs and Border Protection to im18 plement such recommendations, with a focus on 

19 effectively carrying out its statutory duties. 

20 (e) LIMITATION.—Nothing in the strategy developed 

21 pursuant to subsection (a) may conflict with any provision 

22 of the Immigration and Nationality Act (8 U.S.C. 1001 et 

23 seq.). 


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1 SEC. 5. SAFETY PROTOCOLS TO PROTECT U.S. CUSTOMS 

2 AND BORDER PROTECTION PERSONNEL, 

3 TECHNOLOGY, AND INFRASTRUCTURE. 

4 Not later than 1 year after the date of the enactment 

5 of this Act, the Commissioner shall establish safety protocols 

6 and procedures to mitigate the impact of hazardous weather 

7 and water events on the ability of U.S. Customs and Border 

8 Protection— 

9 (1) to carry out its statutory duties; 

10 (2) to ensure the health, safety, and well being 

11 of— 

12 (A) U.S. Customs and Border Protection 

13 personnel; and 

14 (B) individuals being inspected by U.S. 

15 Customs and Border Protection; and 

16 (3) to maintain the integrity and operability of 

17 border security technology, infrastructure, vehicles, 

18 and other significant real or personal property owned 

19 or operated by U.S. Customs and Border Protection. 

20 SEC. 6. NO ADDITIONAL FUNDS. 

21 No additional funds are authorized to be appropriated 

22 for the purpose of carrying out this Act. 


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Calendar No. 682 

118TH CONGRESS 

2D SESSION S. 4672 

[Report No. 118–279] 

A BILL 

To require the Commissioner for U.S. Customs and 

and response strategy, and for other purposes. ardous weather and water events preparedness such efforts may be improved, to develop a hazor near United States borders and, to the extent spond to hazardous weather and water events at Border Protection to assess current efforts to reDECEMBER 9, 2024 

Reported with an amendment 


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