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[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
```