II
Calendar No. 696
118th CONGRESS
2d Session
S. 1253
[Report No. 118–290]
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.
Short title
This Act may be cited as the Securing America's Ports of Entry Act of 2023
.
Additional U.S. Customs and Border Protection personnel
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.
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).
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—
rely on data collected regarding the inspections and other activities conducted at each such port of entry;
consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information; and
consider historical volume and forecasts prior to the COVID–19 pandemic and the impact on international travel.
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—
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
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).
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—
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;
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
safety equipment that would protect such officers from accidental exposure to such drugs or other dangers associated with the inspection of potential drug traffickers.
Reporting requirements
Temporary duty assignments
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—
the number of temporary duty assignments;
the number of U.S. Customs and Border Protection employees required for each temporary duty assignment;
the ports of entry from which such employees were reassigned;
the ports of entry to which such employees were reassigned;
the ports of entry at which reimbursable service agreements have been entered into that may be affected by temporary duty assignments;
the duration of each temporary duty assignment;
the cost of each temporary duty assignment; and
for each temporary duty assignment to the southwest border, a description of any activities done in support of U.S. Border Patrol operations.
Notice
Not later than 10 days before redeploying employees from 1 port of entry to another, absent emergency circumstances—
the Commissioner shall notify the director of the port of entry from which employees will be reassigned of the intended redeployments; and
the port director shall notify impacted facilities (including airports, seaports, and land ports) of the intended redeployments.
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.
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—
in paragraph (3), by striking and an assessment
and all that follows and inserting a period;
by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively;
by inserting after paragraph (3) the following:
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
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
.
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—
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;
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
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).
Defined term
In this section, the term appropriate congressional committees means—
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Homeland Security of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
Authorization of appropriations
There is authorized to be appropriated to carry out this Act—
$136,292,948 for fiscal year 2024; and
$156,918,590 for each of the fiscal years 2025 through 2029.
Short title
This Act may be cited as the Securing America's Ports of Entry Act of 2023
.
Additional U.S. Customs and Border Protection personnel
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.
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).
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—
rely on data collected regarding the inspections and other activities conducted at each such port of entry;
consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information;
consider historical volume and forecasts prior to the COVID–19 pandemic and the impact on international travel; and
incorporate personnel requirements for increasing the rate of outbound inspection operations at land ports of entry.
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—
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
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).
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—
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;
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
safety equipment that would protect such officers from accidental exposure to such drugs or other dangers associated with the inspection of potential drug traffickers.
Reporting requirements
Temporary duty assignments
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—
the number of temporary duty assignments;
the number of U.S. Customs and Border Protection officers required for each temporary duty assignment;
the ports of entry from which such officers were reassigned;
the ports of entry to which such officers were reassigned;
the ports of entry at which reimbursable service agreements have been entered into that may be affected by temporary duty assignments;
the duration of each temporary duty assignment;
the cost of each temporary duty assignment; and
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.
Notice
Not later than 10 days before redeploying employees from 1 port of entry to another, absent emergency circumstances—
the Commissioner shall notify the director of the port of entry from which employees will be reassigned of the intended redeployments; and
the port director shall notify impacted facilities (including airports, seaports, and land ports) of the intended redeployments.
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.
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—
in paragraph (3), by striking and an assessment
and all that follows and inserting a period;
by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively;
by inserting after paragraph (3) the following:
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
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
.
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—
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;
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
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).
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—
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;
the total number of noncitizens who successfully registered appointments through CBP One pursuant to such rule;
the total number of appointments made through CBP One pursuant to such rule that went unused;
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
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.
Defined term
In this section, the term appropriate congressional committees means—
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Finance of the Senate;
the Committee on Homeland Security of the House of Representatives
the Committee on Appropriations of the House of Representatives; and
the Committee on Ways and Means of the House of Representatives
Authorization of appropriations
There is authorized to be appropriated to carry out this Act—
$136,292,948 for fiscal year 2024; and
$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.
.
December 16, 2024
Reported with an amendment and an amendment to the title