I 

118TH CONGRESS 

2D SESSION H. R. 9368 

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 HOUSE OF REPRESENTATIVES 

AUGUST 16, 2024 

Mr. TONY GONZALES of Texas (for himself and Mr. STANTON) introduced the 

following bill; which was referred to the Committee on Homeland Security 

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. 

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Homeland Security 

7 and Governmental Affairs of the Senate; and 

8 (B) the Committee on Homeland Security 

9 of the House of Representatives. 

10 (2) COMMISSIONER.—The term ‘‘Commis11 sioner’’ means the Commissioner for U.S. Customs 

12 and Border Protection. 

13 (3) HAZARDOUS WEATHER AND WATER

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

15 events’’ means weather and weather-related water 

16 events that have a high risk of endangering life or 

17 causing significant damage to property, including— 

18 (A) severe storms, such as hurricanes and 

19 short-fused, small-scale hazardous weather or 

20 hydrologic events produced by thunderstorms, 

21 including large hail, damaging winds, torna22 does, and flash floods; 

23 (B) winter storms, such as freezing or fro24 zen precipitation (including freezing rain, sleet, 

25 and snow), or combined effects of freezing or 

26 frozen precipitation and strong winds; and 


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1 (C) other weather hazards, such as ex2 treme heat or cold, wildfire, drought, dense fog, 

3 damaging winds, earthquakes, tsunamis, river 

4 flooding, and lakeshore flooding. 

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

6 the Secretary of Homeland Security. 

7 SEC. 3. ASSESSMENT OF IMPACTS OF HAZARDOUS WEATH8 ER AND WATER EVENTS ON U.S. CUSTOMS 

9 AND BORDER PROTECTION PERSONNEL, 

10 TECHNOLOGY, AND INFRASTRUCTURE. 

11 (a) ASSESSMENT.—The Commissioner shall conduct 

12 an assessment of the impacts that hazardous weather and 

13 water events, occurring during the 5-year period imme14 diately preceding the date of the enactment of this Act, 

15 have had on— 

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

17 and Border Protection has carried out the duties as 

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

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

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

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

22 personnel; and 

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

24 Customs and Border Protection; 


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

2 Protection to maintain the integrity and operability 

3 of border security technology, infrastructure, vehi4 cles, and other significant real or personal property 

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

6 Protection; and 

7 (4) the effectiveness of agent and officer uni8 forms and the uniform distribution platform in en9 suring agent and officer safety and comfort during 

10 such events. 

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

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

13 a report to the appropriate congressional committees 

14 that— 

15 (1) contains the results of the assessment con16 ducted by the Commissioner pursuant to subsection 

17 (a); and 

18 (2) describes the efforts of the Secretary and 

19 the Commissioner to respond to and otherwise ad20 dress the impacts of the hazardous weather and 

21 water events referred to in subsection (a). 

22 SEC. 4. STRATEGY TO ADDRESS IMPACTS OF HAZARDOUS 

23 WEATHER AND WATER EVENTS. 

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

25 date of the enactment of this Act, the Secretary shall subVerDate Sep 11 2014 20:31 Sep 07, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9368.IH H9368

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1 mit to the appropriate congressional committees a strategy 

2 for mitigating the impacts of hazardous weather and water 

3 events on— 

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

5 and Border Protection carries out its statutory du6 ties, as prescribed under section 411 of the Home7 land Security Act of 2002 (6 U.S.C. 211); 

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

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

10 personnel; and 

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

12 Customs and Border Protection; and 

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

14 Protection to maintain the integrity and operability 

15 of border security technology, infrastructure, vehi16 cles, and other significant real or personal property 

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

18 Protection. 

19 (b) CONSULTATION.— 

20 (1) IN GENERAL.—While developing and imple21 menting the strategy required under subsection (a), 

22 the Secretary, in addition to consulting with appro23 priate officials of the Department of Homeland Se24 curity, and except as provided in paragraph (2)— 


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

2 minimum— 

3 (i) the Administrator of the National 

4 Oceanic and Atmospheric Administration; 

5 (ii) the Administrator of the General 

6 Services Administration; 

7 (iii) the Secretary of Health and 

8 Human Services; 

9 (iv) Governors of States with an inter10 national border; 

11 (v) Tribal governments whose official 

12 territory is within 50 miles of the southern 

13 or northern border of the United States; 

14 and 

15 (vi) representative organizations rep16 resenting U.S. Customs and Border Pro17 tection personnel, including Border Patrol 

18 agents; and 

19 (B) may consult with nongovernmental ex20 perts, including experts in the fields of— 

21 (i) meteorology; 

22 (ii) public health; and 

23 (iii) infrastructure and technology 

24 weather resiliency. 


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1 (2) NONAPPLICABILITY OF FEDERAL ADVISORY

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

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

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

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

6 (c) COST-BENEFIT ANALYSIS.—The strategy re7 quired under subsection (a) shall include a cost-benefit 

8 analysis of implementing such strategy. 

9 (d) IMPLEMENTATION.— 

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

11 the date on which the strategy required under sub12 section (a) is submitted to the appropriate congres13 sional committees, the Secretary shall commence the 

14 implementation of such strategy. 

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

16 days after the commencement of the implementation 

17 of the strategy pursuant to paragraph (1), and semi18 annually thereafter for the following 5 years, the 

19 Secretary shall submit a report to the appropriate 

20 congressional committees that— 

21 (A) describes the efforts of the Depart22 ment of Homeland Security to implement the 

23 strategy and the progress made as a result of 

24 such efforts; 


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1 (B) includes any recommendations for 

2 mitigating the impacts of hazardous weather 

3 and water events and the extent to which such 

4 recommendations were implemented; and 

5 (C) assesses the resources and cost nec6 essary for U.S. Customs and Border Protection 

7 to implement such recommendations, with a 

8 focus on effectively carrying out its statutory 

9 duties. 

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

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

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

13 et seq.). 

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

15 AND BORDER PROTECTION PERSONNEL, 

16 TECHNOLOGY, AND INFRASTRUCTURE. 

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

18 of this Act, the Commissioner shall establish safety proto19 cols and procedures to mitigate the impact of hazardous 

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

21 and Border Protection— 

22 (1) to carry out its statutory duties; 

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

24 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) to maintain the integrity and operability of 

6 border security technology, infrastructure, vehicles, 

7 and other significant real or personal property 

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

9 Protection. 

10 SEC. 6. NO ADDITIONAL FUNDS. 

11 No additional funds are authorized to be appro12 priated for the purpose of carrying out this Act. 

Æ 


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