II Calendar No. 682 118th CONGRESS 2d Session S. 4672 [Report No. 118–279] 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.

1. Short title This Act may be cited as the Border Weather Resiliency Act of 2024 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate 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. 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 appropriate 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). 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 appropriate 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 appropriate 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 appropriate 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. ). 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.

1. Short title This Act may be cited as the Border Weather Resiliency Act of 2024 . 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. 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). 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. ). 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. 6. No additional funds No additional funds are authorized to be appropriated for the purpose of carrying out this Act.

December 9, 2024 Reported with an amendment