II 117th CONGRESS 2d Session S. 3850 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mr. Peters (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 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.

1. Short title This Act may be cited as the Securing America's Ports of Entry Act of 2022 . 2. Additional U.S. Customs and Border Protection personnel (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. (b) Support staff The Commissioner is authorized to hire, train, and assign support staff, including technicians, 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; and (3) consider historical volume and forecasts prior to the COVID–19 pandemic and the impact on international travel. (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— (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 and the Committee on Homeland Security of the House of Representatives that describes the results of the review conducted under paragraph (1). 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 and the Committee on Homeland Security 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. 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 employees required for each temporary duty assignment; (C) the ports of entry from which such employees were reassigned; (D) the ports of entry to which such employees 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) for each temporary duty assignment to the southwest border, a description of any activities done in support of U.S. Border Patrol operations. (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) 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 Homeland Security of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives. 5. Authorization of appropriations There are authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection such sums as are necessary to carry out this Act, and the amendments made by this Act, for each of the fiscal years 2023 through 2027.