S 2278 — Border Enforcement, Security, and Trade (BEST) Facilitation Act of 2023

``(iv)``(iii) referDuties.--The anyduties conveyancesof andan containersImage thatTechnician the1 Imageshall Adjudicatorinclude-- reasonably``(I) believesreviewing containsnon-intrusive contraband,inspection illicitimages drugs,of terroristconveyances weapons,and containers entering or personsexiting seekingthe toUnited unlawfullyStates enterthrough a land, sea, or exitair theport Unitedof Statesentry toor theinternational U.S.rail crossing;

Customs``(II) assessing whether images of conveyances and Bordercontainers Protectionappear Officerto whocontain isanomalies responsibleindicating forthe inspectingpotential suchpresence cargoof contraband, persons unlawfully seeking to enter or conveyanceexit forthe furtherUnited inspection;States, or illicitly concealed merchandise, including illicit drugs and terrorist weapons;

and``(III) ``(v)recommending referentry torelease aor Supervisoryexit Imagerelease Adjudicatorfor any imageconveyances and containers whenever the images of asuch vehicleitems ordo cargonot thatinclude isnoticeable difficultanomalies toindicating adjudicatethe duepotential presence of contraband, persons seeking to poorunlawfully imageenter qualityor exit the United States, or otherillicitly factors.concealed merchandise, including illicit drugs or terrorist weapons, to the U.S.

``(B)Customs Supervisory image adjudicator.--There shall be in the Office of Field Operations, the position of Supervisory Image Adjudicator, who shall be appointed in accordance with the provisions under chapter 33 (relating to appointments in the competitive service) and chaptersBorder 51Protection andOfficer 53responsible (relatingfor toinspecting classificationsuch andconveyance ratesor ofcontainer; pay) of title 5, United States Code.

Eachand Supervisory``(IV) recommending further inspection of any conveyances and containers whenever the Image AdjudicatorTechnician shall--reasonably ``(i)believes carrythat outan allimage of theany dutiessuch describeditem incontains clausesanomalies (i)indicating throughthe (iii)potential presence of subparagraphcontraband, (A);persons seeking to unlawfully enter or exit the United States, or illicitly concealed merchandise, such as illicit drugs or terrorist weapons, to the U.S.

``(ii)Customs review and makeBorder aProtection determinationofficer regardingwho imagesis referredresponsible byfor aninspecting Imagesuch Adjudicatorconveyance pursuantor tocontainer. subparagraph (A)(v);

``(iii)``(B) receiveImage intelligencetechnician from2.-- the``(i) NationalIn Targetinggeneral.--There Centershall regardingbe tactics,in techniques,the andOffice proceduresof beingField usedOperations, atImage portsTechnician of2 entrypositions, andwhich inshall thebe borderfilled environmentin byaccordance malignwith actorsthe toprovisions facilitateunder thechapter unlawful33 entry(relating orto exitappointments ofin contraband,the illicitcompetitive drugs,service) terroristand weapons,chapters 51 and persons53 who(relating areto seekingclassification toand unlawfullyrates enterof orpay) exitof thetitle 5, United States;States Code.

and``(ii) ``(iv)Conditions.--Image reportTechnician new2 intelligencepositions-- to``(I) themay Nationalbe Targetingfilled Center regarding tactics, techniques, and procedures being used at ports of entry and in the border environment by malignexisting actorsU.S. to facilitate the unlawful entry or exit of contraband, illicit drugs, terrorist weapons, and persons who are seeking to unlawfully enter the United States.

``(C)Customs Training requirements.--All Image Adjudicators and SupervisoryBorder ImageProtection Adjudicatorsemployees; shall receive annual training and additional ad hoc training, to the extent necessary based on current trends, regarding-- ``(i) privacy and civil liberties, including the protections of the First and Fourth Amendments to the United States Constitution;

``(ii)``(II) analyzingare imagesnot generatedlaw byenforcement non-officer intrusivepositions; inspection technologies deployed by U.S.

and ``(III) may not be filled by independent contractors.

``(iii) Duties.--The duties of an Image Technician 2 shall include-- ``(I) carrying out all of the duties described in subclauses (I) through (IV) of subparagraph (A)(ii);

``(II) receiving intelligence from the National Targeting Center regarding tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, persons, or illicitly concealed merchandise, such as illicit drugs or terrorist weapons;

and ``(III) reporting new information to the National Targeting Center regarding tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, persons, or concealed merchandise, such as illicit drugs or terrorist weapons.

``(C) Supervisory u.s.

customs and border protection officers.-- ``(i) Supervision.--All image technicians shall be supervised by a Supervisory U.S.

Customs and Border Protection Officer.

``(ii) Discretion and decision-making authority.--The appropriate Supervisory U.S.

Customs and Border Protection Officer, while working with image technicians, shall retain the discretion and final decision-making authority-- ``(I) to release conveyances or cargo for entry;

or ``(II) to refer such conveyance or cargo for further inspection.

``(iii) Training.--A Supervisory U.S.

Customs and Border Protection Officer who supervises image technicians shall receive additional training in accordance with subparagraph (D).

``(D) Training requirements.--All image technicians shall receive annual training and additional ad hoc training, to the extent necessary based on current trends, regarding-- ``(i) respecting privacy, civil rights, and civil liberties, including the protections against unreasonable searches and seizures afforded by the First and Fourth Amendments to the Constitution of the United States;

``(ii) analyzing images generated by non- intrusive inspection technologies or any successor technologies deployed by U.S.

and ``(iii) tactics,identifying techniques,commodities and proceduresmerchandise being used at ports of entry and in theimages bordergenerated environment by malignnon- actorsintrusive toinspection facilitatetechnologies the unlawful entry or exitany ofsuccessor contraband,technologies illicitdeployed drugs,by terroristU.S. weapons, and persons who are seeking to unlawfully enter the United States.

``(D)Customs Annual assessment.--All Image Adjudicators and SupervisoryBorder ImageProtection; Adjudicators shall receive an annual assessment with respect to their-- ``(i) accuracy in image analysis;

``(iv) identifying contraband, persons who are seeking to unlawfully enter or exit the United States, or illicitly concealed merchandise, such as illicit drugs or terrorist weapons, in images generated by non-intrusive technologies or any successor technologies deployed by U.S.

Customs and Border Protection;

``(v) tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, persons, or illicitly concealed merchandise, such as illicit drugs or terrorist weapons;

and ``(vi) any other training that the Commissioner of U.S.

Customs and Border Protection determines to be relevant to the duties described in subparagraphs (A)(iii) or (B)(iii).

``(E) Annual assessment.--All image technicians shall receive annual testing with respect to their-- ``(i) accuracy in image analysis;

and ``(iii) ability to ascertain tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, illicitpersons, drugs,or terroristillicitly weapons,concealed andmerchandise, personssuch whoas areillicit seekingdrugs toor unlawfullyterrorist enterweapons. the United States.''.

``(F) Command centers.--As part of the pilot program established under this paragraph, the Executive Assistant Commissioner of the Office of Field Operations shall establish 12 regional command centers at land, rail, air, and sea ports in which image technicians shall review non-intrusive inspection images.

``(G) Rule of construction.--Nothing in this paragraph may be construed to affect the discretion and final decision-making authority given to U.S.

Customs and Border Protection Officers to release conveyances or cargo for entry or exit or to refer such conveyances or cargo for further inspection.''.

(b) Effective Date.-- (1) Sunset.--The amendment made by subsection (a) shall cease to have effect on the date that is 5 years after the date of the enactment of this Act.

(2) Transfers authorized.--Upon the termination of the pilot program established by section 411(g)(6) of the Homeland Security Act of 2002, as added by subsection (a), individuals occupying Image Technician 1 or Image Technician 2 positions in the Office of Field Operations may transfer to comparable positions within U.S.

Customs and Border Protection or the Department of Homeland Security.

WORKFORCE STAFFING MODEL.

(a) Development.--Not later than 1 year after the date of the enactment of this Act, the Commissioner of U.S.

Customs and Border Protection shall develop a workforce staffing model for Image Adjudicators and Supervisory Image Adjudicators described in section 211(g)(6) of the Homeland Security Act of 2002, as amended by section 2, based upon-- (1) the deployment of non-intrusive inspection technologies at ports of entry and international rail crossings;

(2) border traffic patterns;

and (3) scanning goals at each port of entry and international rail crossing.

(b) Validation.--Not later than 6 months after the completion of the workforce staffing model described in subsection (a), the Comptroller General of the United States shall validate such workforce staffing model.

SEC.

4.

Upon(a) completionSemiannual Reports.--Not later than 180 days after the hiring of the validationfirst positions described in section 411(g)(6) of the workforceHomeland staffingSecurity modelAct pursuantof to2002, as added by section 3(b),2, and quarterlyevery 180 days thereafter, the Commissioner of U.S.

Customs and Border Protection, in consultation with the Executive Assistant Commissioner,Commissioner of the Office of Field Operations, 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) the number of Image AdjudicatorsTechnician 1 and Supervisory Image AdjudicatorsTechnician hired2 positions filled during the reporting period;

(2) the number of Image AdjudicatorsTechnician 1 and Supervisory Image AdjudicatorsTechnician 2 positions currently employed by the Office of Field Operations, disaggregated byby-- (A) port of entry;entry or field office;

(3)(B) theimage averagetechnician numberposition; of images scanned by each Image Adjudicator;

(4)and training(C) methodologiescommand utilizedcenter, toas trainapplicable; Image Adjudicators and Supervisory Image Adjudicators;

(5)(3) assessmentthe passagedaily ratesaverage number of images scanned by each Image AdjudicatorsTechnician 1 and Supervisoryeach Image Adjudicators;Technician 2;

and(4) (6)training themethodologies impactutilized ofto Imagetrain Adjudicatorsimage andtechnicians; Supervisory Image Adjudicators on interdiction rates at ports of entry and international rail crossings at which Image Adjudicators or Supervisory Image Adjudicators are stationed, including-- (A) throughput increases or decreases at such ports of entry and rail crossings;

(B)(5) increasesassessment orpassage decreasesrates in waiting times at such ports of entryimage andtechnicians; rail crossings;

and(6) (C)the increasesimpact orof decreasesimage oftechnicians seizureson ofinterdiction contraband,rates illicitat drugs,ports terroristof weapons,entry and personsinternational seekingrail tocrossings unlawfullyat enterwhich image technicians are stationed or exitfrom thewhich Unitedimage States,technicians brokenreview downimages, byincluding-- type(A) ofthroughput seizureincreases andor portdecreases at such ports of entry orand international rail crossing.crossings;

<all>(B) increases or decreases in waiting times at such ports of entry and international rail crossings;

(C) average wait times at such ports of entry and international rail crossings;

and (D) increases or decreases of seizures of contraband, persons seeking to unlawfully enter or exit the United States, or illicitly concealed merchandise, such as illicit drugs or terrorist weapons, broken down by type of seizure and port of entry or international rail crossing;

(7) the impact of image technicians on U.S.

Customs and Border Protection's capability to review non-intrusive inspection images of conveyances and containers entering or exiting the United States through a land, sea, or air port of entry or international rail crossing;

(8) an assessment of the effectiveness with which image technicians carry out the duties described in subparagraphs (A)(iii) and (B)(iii) of section 411(g)(6) of the Homeland Security Act of 2002, as added by section 2(a), compared to any U.S.

Customs and Border Protection officers who are assigned such duties.

(9) the progress made in establishing command centers under the pilot program established by such section;

(10) any infrastructure or resource needs required to establish such command centers;

and (11) the ports of entry and international rail crossing, as applicable, that are supported by such a command center.

(b) Biannual Briefings.--The Executive Assistant Commissioner of the Office of Field Operations shall provide biannual briefings to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the information described in the latest report submitted pursuant to subsection (a).

Amend the title so as to read:

``A bill to pilot the use of image technician positions in the U.S.

Customs and Border Protection Office of Field Operations.''.

Calendar No.

652 118th CONGRESS 2d Session S.

2278 [Report No.

118-251] _______________________________________________________________________ A BILL To establish Image Adjudicator and Supervisory Image Adjudicator positions in the U.S.

Customs and Border Protection Office of Field Operations.

_______________________________________________________________________ December 2, 2024 Reported with an amendment and an amendment to the title