[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3796 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3796

To prohibit the transfer of Department of Homeland Security staff from 
an international land port of entry along southwest border unless such 
transfer would not impact the processing of trade through such port of 
  entry, such staff would be immediately replaced, or such staff are 
needed to actively engage in physical detentions to secure such border, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2024

Mr. Cruz (for himself, Mr. Ricketts, Mr. Scott of Florida, Mr. Lee, and 
Mrs. Blackburn) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To prohibit the transfer of Department of Homeland Security staff from 
an international land port of entry along southwest border unless such 
transfer would not impact the processing of trade through such port of 
  entry, such staff would be immediately replaced, or such staff are 
needed to actively engage in physical detentions to secure such border, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keeping International Land Ports of 
Entry Open Act''.

SEC. 2. MAINTAINING ADEQUATE STAFFING LEVELS AT INTERNATIONAL LAND 
              PORTS OF ENTRY ALONG THE SOUTHWEST BORDER.

    (a) In General.--In order to successfully carry out the duty to 
facilitate and expedite the flow of legitimate travelers and trade set 
forth in subsections (c)(3) and (g)(3)(D) of section 411 of the 
Homeland Security Act of 2002 (6 U.S.C. 211), Department of Homeland 
Security staff may not be transferred from any international land port 
of entry along the international border between the United States and 
Mexico unless--
            (1) such transfer would not affect the processing of trade 
        through such port of entry;
            (2) such staff member is immediately replaced by a staff 
        member of similar ability; or
            (3) the transfer of such staff member is necessary to 
        actively engage in physical detentions to secure such border.
    (b) Limited Exception.--The exception set forth in subsection 
(a)(3) shall not apply to any function that does not directly involve 
the physical security of the international border between the United 
States and Mexico, such as the processing of aliens who have crossed 
such border.
    (c) Notice Requirements.--When transferring staff pursuant to an 
exception set forth in subsection (a), the Secretary of Homeland 
Security, at the earliest opportunity, including before such transfers, 
if possible, and under no circumstances later than 24 hours after such 
transfers, shall provide--
            (1) written notice of such transfers, including an 
        explanation of the applicability of a relevant exception under 
        subsection (a), to the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Committee on Commerce, 
        Science, and Transportation of the Senate, the Committee on 
        Homeland Security of the House of Representatives, and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives; and
            (2) public notice of such transfers (without disclosing 
        personally identifiable information) and any related closures 
        at ports of entry for the benefit of participants in 
        international trade who may be affected by such closures.
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