S. 1138 — Enhancing Southbound Inspections to Combat Cartels Act

This section defines two terms for purposes of the Act: (1) "appropriate congressional committees" as the Senate Committees on Appropriations, Homeland Security and Governmental Affairs, and the Judiciary, and the House Committees on Appropriations, Homeland Security, and the Judiciary; and (2) "Southern border" as the international land border between the United States and Mexico.

This section authorizes the Commissioner of U.S. Customs and Border Protection (CBP) to purchase up to 50 additional non-intrusive imaging systems and procure associated supporting infrastructure (subsection (a)) and additional or alternative inspection equipment or infrastructure deemed necessary (subsection (c)). The systems and infrastructure must be deployed along the Southern Border primarily to inspect persons, conveyances, or modes of transportation traveling from the United States to Mexico (subsection (b)), with the purchase and procurement authorities sunsetting five years after enactment (subsection (d)).

This section directs the Director of U.S. Immigration and Customs Enforcement to hire, train, and assign (1) at least 100 new Homeland Security Investigations (HSI) special agents primarily for investigations of currency and firearms smuggling from the United States to Mexico and (2) at least 100 new HSI special agents for investigations of contraband smuggling, human trafficking and smuggling (including children), drug smuggling, and unauthorized entry from Mexico. The section also authorizes the hiring, training, and assignment of necessary additional support staff for these agents.

This section directs the Secretary of Homeland Security to submit to the appropriate congressional committees, not later than one year after the date of enactment, a report that (1) identifies resources provided—including equipment, personnel, infrastructure, and annual budgets—for outbound and inbound inspections between the United States and Mexico or Canada, including to the extent practicable those used for individuals and modes of transportation; (2) describes the operational cadence of such outbound and inbound inspections of individuals and conveyances, expressed as a percentage of total encounters or total number conducted; (3) describes plans for alternative inspection sites near a port of entry; (4) estimates the number of vehicles and conveyances inspectable with up to 50 additional non-intrusive imaging systems dedicated to southbound inspections and up to 50 additional such systems dedicated to inbound inspections along the southwest border; and (5) assesses the capability of inbound inspections by Mexican authorities, in cooperation with U.S. law enforcement, to detect and interdict illicit weapons and currency smuggled between the United States and Mexico. The report, or any part of it, may be classified or otherwise safeguarded from public dissemination.

This section requires the Secretary of Homeland Security to ensure, to the extent practicable, that at least 10% of all conveyances and other modes of transportation traveling from the United States to Mexico are inspected before leaving the United States by March 30, 2027. Such inspections may include non-intrusive imaging, physical inspections by officers or canine units, or other means authorized by the Secretary. The section also directs the Secretary to submit a report to the appropriate congressional committees by March 30, 2028, assessing the Department of Homeland Security's timeline and resource requirements to increase those inspection rates to 15% and 20%, respectively.

This section directs the Commissioner for U.S. Customs and Border Protection to submit a report to the appropriate congressional committees not later than 90 days after enactment of this Act, and every 90 days thereafter until four years after such date of enactment, describing seizures of currency, firearms, and ammunition attempted to be trafficked out of the United States from outbound inspections at U.S. ports of entry. Each report must include, for the most recent 90-day period for which data are available, (1) the total number of currency seizures and associated dollar amount; (2) the total number of firearms seized; (3) the total number of ammunition rounds seized; and (4) the total number of incidents of firearm and ammunition seizures.