[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2162 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 615
116th CONGRESS
  2d Session
                                S. 2162

                          [Report No. 116-312]

 To require the Commissioner of U.S. Customs and Border Protection to 
    annually hire at least 600 new Border Patrol agents, to report 
quarterly to Congress on the status of the Border Patrol workforce, and 
             to conduct a comprehensive staffing analysis.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2019

  Mr. Johnson introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                           December 14, 2020

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To require the Commissioner of U.S. Customs and Border Protection to 
    annually hire at least 600 new Border Patrol agents, to report 
quarterly to Congress on the status of the Border Patrol workforce, and 
             to conduct a comprehensive staffing analysis.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Securing America's Borders 
Act of 2019''.</DELETED>

<DELETED>SEC. 2. ADDITIONAL BORDER PATROL PERSONNEL.</DELETED>

<DELETED>    (a) Agents.--The Commissioner of U.S. Customs and Border 
Protection shall hire, train, and assign not fewer than 600 new Border 
Patrol agents, compared to the current attrition level, during every 
fiscal year until the total number of Border Patrol agents equals and 
sustains the requirements identified in Executive Order 13767 (82 Fed. 
Reg. 8793).</DELETED>
<DELETED>    (b) Support Staff.--The Commissioner is authorized to 
hire, train, and assign support staff to perform non-law enforcement 
administrative functions to support the new Border Patrol agents hired 
pursuant to subsection (a).</DELETED>
<DELETED>    (c) Reports to Congress.--Not later that 90 days after the 
date of the enactment of this Act, and every 90 days thereafter, the 
Commissioner 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 describes the 
status of the Border Patrol workforce, including--</DELETED>
        <DELETED>    (1) the total number of Border Patrol 
        agents;</DELETED>
        <DELETED>    (2) the total number of Border Patrol support 
        staff;</DELETED>
        <DELETED>    (3) the number of Border Patrol agents and support 
        staff hired during the reporting period;</DELETED>
        <DELETED>    (4) the number of Border Patrol agents and support 
        staff lost to attrition, broken down by port of entry; 
        and</DELETED>
        <DELETED>    (5) any hiring authorities, incentive pay, or 
        other special pay incentives utilized during the reporting 
        period.</DELETED>

<DELETED>SEC. 3. COMPREHENSIVE STAFFING ANALYSIS.</DELETED>

<DELETED>    The Commissioner of U.S. Customs and Border Protection 
shall--</DELETED>
        <DELETED>    (1) not later than 60 days after the date of the 
        enactment of this Act, amend the comprehensive staffing 
        analysis required under section 2(e) of the Border Patrol Agent 
        Pay Reform Act of 2014 (Public Law 113-277) based on any 
        changes to workload demands since the date of the enactment of 
        such Act; and</DELETED>
        <DELETED>    (2) not later than 90 days after the date of the 
        enactment of this Act, submit a report to the Comptroller 
        General of the United States that includes the results of a 
        comprehensive staffing analysis, as required under section 2(e) 
        of the Border Patrol Agent Pay Reform Act of 2014 (Public Law 
        113-277).</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated, for each of the 
fiscal years 2020 through 2026, such sums as may be necessary to carry 
out this Act.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Securing America's 
Borders Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Hiring additional U.S. Customs and Border Protection personnel.
Sec. 3. Border Patrol processing coordinators.
Sec. 4. Medical training for border patrol agents.
Sec. 5. Workforce staffing model.
Sec. 6. Promoting flexibility in employment authorities for rural or 
                            remote areas.
Sec. 7. CBP Hiring and Retention Innovation Council.
Sec. 8. Authorization of appropriations.

SEC. 2. HIRING ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Agents.--The Commissioner of U.S. Customs and Border Protection 
shall hire, train, and assign not fewer than 600 new Border Patrol 
agents above the current attrition level during every fiscal year until 
the total number of Border Patrol agents equals 26,370 full-time 
equivalent agents.
    (b) Support Staff.--The Commissioner is authorized to hire, train, 
and assign support staff to perform non-law enforcement administrative 
functions to support the new Border Patrol agents hired pursuant to 
subsection (a).
    (c) Reports to Congress.--Not later than 90 days after the date of 
the enactment of this Act, and every 90 days thereafter, the 
Commissioner 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 describes the 
status of the Border Patrol workforce, including--
            (1) the total number of Border Patrol agents;
            (2) the total number of Border Patrol support staff, 
        including Border Patrol processing coordinators;
            (3) the number of Border Patrol agents and support staff 
        hired during the reporting period, broken down by Border Patrol 
        duty location;
            (4) the number of Border Patrol agents and support staff 
        lost to attrition, broken down by Border Patrol duty location;
            (5) any hiring authorities, incentive pay, or other special 
        pay incentives utilized during the reporting period; and
            (6) an analysis of the overall effectiveness of the hiring 
        authorities, incentive pay, and other special pay incentives 
        utilized during the reporting period.

SEC. 3. BORDER PATROL PROCESSING COORDINATORS.

    (a) In General.--Section 411(e) of the Homeland Security Act of 
2002 (6 U.S.C. 211(e)) is amended by adding at the end the following:
            ``(4) Border patrol processing coordinators.--
                    ``(A) Authorization.--The Chief of the U.S. Border 
                Patrol is authorized to hire Border Patrol processing 
                coordinators, who shall be stationed at Border Patrol 
                facilities.
                    ``(B) Duties.--Border Patrol processing 
                coordinators--
                            ``(i) shall assist Border Patrol agents to 
                        efficiently and expeditiously intake and 
                        process apprehended persons;
                            ``(ii) shall perform necessary technical 
                        and clerical tasks related to the duties set 
                        forth in paragraph (3);
                            ``(iii) shall be classified as non-law 
                        enforcement personnel; and
                            ``(iv) may not be authorized or designated 
                        to exercise powers conferred under section 
                        287(a) of the Immigration and Nationality Act 
                        (8 U.S.C. 1357(a)).''.
    (b) Training.--The Commissioner of U.S. Customs and Border 
Protection, in coordination with the Chief of U.S. Border Patrol and in 
consultation with the Director of the Federal Law Enforcement Training 
Centers, shall develop tailored training for Border Patrol processing 
coordinators hired pursuant to section 411(e)(4) of the Homeland 
Security Act of 2002, as added by subsection (a).
    (c) Reports to Congress.--Not later than 90 days after the date of 
the enactment of this Act, and quarterly for the following 2 years, the 
Secretary of Homeland Security 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 
regarding each U.S. Border Patrol sector that includes information 
regarding the number of U.S. Border Patrol agents who returned to field 
operations as a result of increased hiring of U.S. Border Patrol 
processing coordinators.

SEC. 4. MEDICAL TRAINING FOR BORDER PATROL AGENTS.

    (a) In General.--Section 411(l) of the Homeland Security Act of 
2002 (6 U.S.C. 211(l)) is amended--
            (1) by striking ``The Commissioner'' and inserting the 
        following:
            ``(1) Continuing education.--The Commissioner''; and
            (2) by adding at the end the following:
            ``(2) Medical training for border patrol agents.--
                    ``(A) In general.--
                            ``(i) Availability.--Beginning not later 
                        than 6 months after the date of the enactment 
                        of this paragraph, the Commissioner, in his or 
                        her sole and exclusive discretion, shall make 
                        available in each U.S. Border Patrol sector, at 
                        no cost to U.S. Border Patrol agents selected 
                        for such training, emergency medical technician 
                        (referred to in this paragraph as `EMT') and 
                        paramedic training, including pediatric medical 
                        training, which shall utilize nationally 
                        recognized pediatric training curricula that 
                        includes emergency pediatric care, and training 
                        identifying and treating individuals 
                        experiencing medical distress.
                            ``(ii) Use of official duty time.--A U.S. 
                        Border Patrol agent shall be credited with work 
                        time for any EMT or paramedic training provided 
                        to such agent under clause (i) in order to 
                        achieve or maintain an EMT or paramedic 
                        certification.
                            ``(iii) Lodging and per diem.--Lodging and 
                        per diem shall be made available to U.S. Border 
                        Patrol agents attending training described in 
                        clause (ii) if such training is not available 
                        at a location within commuting distance of the 
                        agent's residence or worksite.
                            ``(iv) Service commitment.--Any U.S. Border 
                        Patrol agent who completes a certification 
                        preparation program pursuant to clause (i) 
                        shall--
                                    ``(I) complete 1 year of service as 
                                a U.S. Border Patrol agent following 
                                the completion of EMT training;
                                    ``(II) complete 3 years of service 
                                as a U.S. Border Patrol agent following 
                                the completion of paramedic training; 
                                or
                                    ``(III) reimburse U.S. Customs and 
                                Border Protection in an amount equal to 
                                the product of--
                                            ``(aa) the cost of 
                                        providing such training to such 
                                        agent; multiplied by
                                            ``(bb) the percentage of 
                                        the service required under 
                                        subclauses (I) and (II) that 
                                        the agent failed to complete.
                            ``(v) Obligated overtime.--For any debt of 
                        obligated overtime hours that the agent may 
                        have incurred, pursuant to section 5550(b) of 
                        title 5, United States Code, in order to 
                        achieve or maintain an EMT or paramedic 
                        certification, the agent shall select, not 
                        later than 1 pay period before the commencement 
                        of the EMT or paramedic training
                                    ``(I) to satisfy the debt of 
                                obligated overtime hours; or
                                    ``(II) to receive a reduction of 
                                pay commensurate to what the agent 
                                would have received for performance of 
                                the overtime hours.
                    ``(B) Availability of medically trained border 
                patrol agents.--Not later than 6 months after the date 
                of the enactment of this paragraph, the Commissioner of 
                U.S. Customs and Border Protection shall undertake an 
                agency-wide effort--
                            ``(i) to encourage, promote, and ensure, to 
                        the greatest extent possible, that--
                                    ``(I) U.S. Border Patrol agents 
                                with current EMT or paramedic 
                                certifications are stationed at each 
                                U.S. Border Patrol sector and remote 
                                station along the southern border of 
                                the United States to the greatest 
                                extent possible; and
                                    ``(II) 10 percent of all Border 
                                Patrol agents have EMT certifications 
                                and comprise not fewer than 10 percent 
                                of all Border Patrol agents assigned to 
                                each U.S. Border Patrol sector; and
                            ``(ii) in determining the assigned posts of 
                        Border Patrol agents who have received training 
                        under subparagraph (A)(i), to give priority to 
                        remote stations and forward operating bases.
                    ``(C) Medical supplies.--
                            ``(i) In general.--The Commissioner of U.S. 
                        Customs and Border Protection shall provide 
                        minimum medical supplies to each Border Patrol 
                        agent with an EMT or paramedic certification 
                        and to each U.S. Border Patrol sector, 
                        including all remote stations and forward 
                        operating bases, for use while on patrol. Such 
                        supplies shall include--
                                    ``(I) supplies designed for 
                                children;
                                    ``(II) first aid kits; and
                                    ``(III) oral hydration, such as 
                                water.
                            ``(ii) Consultation.--In developing the 
                        minimum list of medical supplies required under 
                        clause (i), the Commissioner shall consult 
                        national organizations with expertise in 
                        emergency medical care, including emergency 
                        medical care of children, at no cost to the 
                        Government.
                    ``(D) GAO report.--Not later than 3 years after the 
                date of the enactment of this paragraph, the 
                Comptroller General of the United States shall--
                            ``(i) review the success of the U.S. 
                        Customs and Border Protection's efforts to 
                        reach the goal of 10 percent of all U.S. Border 
                        Patrol agents having EMT or paramedic 
                        certifications; and
                            ``(ii) provide a recommendation to Congress 
                        as to whether--
                                    ``(I) the Commissioner of U.S. 
                                Customs and Border Protection has 
                                effectively and vigorously undertaken 
                                an agency-wide effort to encourage and 
                                promote the mandate for medical 
                                training for Border Patrol agents under 
                                subparagraph (B);
                                    ``(II) additional incentive 
                                modifications are needed to achieve or 
                                maintain the 10 percent goal, including 
                                pay differentials;
                                    ``(III) the 10 percent goal is 
                                properly scoped to materially 
                                contribute to the preservation of life 
                                and the effectiveness and efficiency of 
                                U.S. Border Patrol operations, 
                                including whether the number is too 
                                high or too low; and
                                    ``(IV) the addition of a distinct 
                                benchmark for Border Patrol agents 
                                holding paramedic certifications would 
                                materially contribute to the 
                                preservation of life and the 
                                effectiveness and efficiency of U.S. 
                                Border Patrol operations, and, if so, 
                                what a proper benchmark would be.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out section 
411(l)(2) of the Homeland Security Act of 2002, as added by subsection 
(a).

SEC. 5. WORKFORCE STAFFING MODEL.

    (a) Improving Data Quality.--In order to improve the quality of 
data needed to develop a workforce staffing model, the Chief of U.S. 
Border Patrol shall--
            (1) develop standard operating procedures for the Border 
        Patrol Enforcement Tracking System (referred to in this 
        subsection as ``BPETS'');
            (2) train agents on the use, capabilities, and purposes of 
        BPETS; and
            (3) implement and monitor internal controls for BPETS to 
        ensure timely and accurate scheduling and reporting on agents' 
        actual and completed work hours and activities.
    (b) Comprehensive Staffing Analysis for Developing a Workforce 
Staffing Model.--The Commissioner of U.S. Customs and Border Protection 
shall--
            (1) not later than 60 days after the date of the enactment 
        of this Act, amend the comprehensive staffing analysis required 
        under section 2(e) of the Border Patrol Agent Pay Reform Act of 
        2014 (Pubic Law 113-277) based on any changes to workload 
        demands since the date of the enactment of such Act; and
            (2) not later than 90 days after the date of the enactment 
        of this Act, submit a report to the Comptroller General of the 
        United States that includes the results of such amended 
        comprehensive staffing analysis.
    (c) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Homeland Security 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 describes--
            (1) how U.S. Customs and Border Protection has used the 
        comprehensive staffing analysis in its development of a 
        workforce staffing model; and
            (2) the process used by U.S. Border Patrol to create such 
        model, including--
                    (A) the steps and associated timelines taken to 
                create the model;
                    (B) the resources assigned to develop the model; 
                and
                    (C) the data sources and methodology used to 
                generate the model.
    (d) Comprehensive Staffing Analysis for Developing a Workforce 
Staffing Model.--Section 2(e) of the Border Patrol Agent Pay Reform Act 
of 2014 (Public Law 113-277) is amended by adding at the end the 
following:
            ``(3) Updates.--
                    ``(A) In general.--The Commissioner of U.S. Customs 
                and Border Protection shall--
                            ``(i) update the comprehensive staffing 
                        analysis required under paragraph (1) whenever 
                        the Commissioner determines that an update is 
                        required to better meet the needs of U.S. 
                        Border Patrol; and
                            ``(ii) include, as part of the updated 
                        comprehensive staffing analysis, an update to 
                        the assessment of force multiplier technologies 
                        required under section 5(e) of the Securing 
                        America's Borders Act of 2019.
                    ``(B) Submission of updated analysis.--The 
                Commissioner shall submit each update to the 
                comprehensive staffing analysis to the appropriate 
                committees of Congress and to the Comptroller General 
                of the United States.
                    ``(C) Independent validator.--Not later than 90 
                days after receiving each update under subparagraph 
                (B), the Comptroller General shall submit a report to 
                the appropriate committees of Congress that contains 
                the information required in the report required under 
                paragraph (2).''.
    (e) Assessment of Force Multiplier Technologies.--Not later than 
180 days after the date of the enactment of this Act, the Commissioner 
of U.S. Customs and Border Protection shall--
            (1) conduct an assessment of the impact on Border Patrol 
        effectiveness of force multiplier technologies, including--
                    (A) air and marine assets;
                    (B) surveillance equipment; and
                    (C) fixed and mobile surveillance technologies; and
            (2) consider the assessment conducted under paragraph (1) 
        when estimating projected staffing needs under the workforce 
        staffing model referred to in subsection (c)(1).

SEC. 6. PROMOTING FLEXIBILITY IN EMPLOYMENT AUTHORITIES FOR RURAL OR 
              REMOTE AREAS.

    (a) In General.--Chapter 97 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection employment authorities
    ``(a) Definitions.--In this section--
            ``(1) the term `CBP employee' means an employee of U.S. 
        Customs and Border Protection;
            ``(2) the term `Commissioner' means the Commissioner of 
        U.S. Customs and Border Protection;
            ``(3) the term `Director' means the Director of the Office 
        of Personnel Management;
            ``(4) the term `rural or remote area' means an area within 
        the United States that is not within an area defined and 
        designated as an urbanized area by the Bureau of the Census in 
        the most recently completed decennial census; and
            ``(5) the term `Secretary' means the Secretary of Homeland 
        Security.
    ``(b) Demonstration of Recruitment and Retention Difficulties in 
Rural or Remote Areas.--
            ``(1) In general.--For purposes of subsections (c) and (d), 
        the Secretary shall determine, for each rural or remote area, 
        whether there is--
                    ``(A) a critical hiring need in the area; and
                    ``(B) a direct relationship between--
                            ``(i) the rural or remote nature of the 
                        area; and
                            ``(ii) difficulty in the recruitment and 
                        retention of CBP employees in the area.
            ``(2) Factors.--In determining whether there is a direct 
        relationship described in paragraph (1)(B), the Secretary may 
        consider evidence--
                    ``(A) that the Secretary--
                            ``(i) is unable to efficiently and 
                        effectively recruit individuals for positions 
                        as CBP employees, which may be demonstrated 
                        with various types of evidence, including--
                                    ``(I) evidence that multiple 
                                positions have been continuously vacant 
                                for significantly longer than the 
                                national average period for which 
                                similar positions in U.S. Customs and 
                                Border Protection are vacant; and
                                    ``(II) recruitment studies that 
                                demonstrate the inability of the 
                                Secretary to efficiently and 
                                effectively recruit CBP employees for 
                                positions in the area; or
                            ``(ii) experiences a consistent inability 
                        to retain CBP employees that negatively impacts 
                        agency operations at a local or regional level; 
                        or
                    ``(B) of any other inability, directly related to 
                recruitment or retention difficulties, that the 
                Secretary determines to be sufficient.
    ``(c) Direct Hire Authority; Recruitment and Relocation Bonuses; 
Retention Bonuses.--
            ``(1) Direct hire authority.--
                    ``(A) In general.--The Secretary may appoint, 
                without regard to the requirements under sections 3309 
                through 3319, candidates to positions in the 
                competitive service as CBP employees, in a rural or 
                remote area, if the Secretary--
                            ``(i) determines that--
                                    ``(I) there is a critical hiring 
                                need; and
                                    ``(II) there exists a severe 
                                shortage of qualified candidates 
                                because of the direct relationship 
                                identified by the Secretary under 
                                subsection (b)(1)(B); and
                            ``(ii) has given public notice for such 
                        positions.
                    ``(B) Prioritization of hiring veterans.--If the 
                Secretary uses the direct hiring authority under 
                subparagraph (A), the Secretary shall apply the 
                principles of preference for the hiring of veterans 
                established under subchapter I of chapter 33.
            ``(2) Recruitment and relocation bonuses.--The Secretary 
        may pay a bonus to an individual (other than an individual 
        described in section 5753(a)(2)) if--
                    ``(A) the Secretary determines that--
                            ``(i) conditions consistent with those 
                        described in paragraphs (1) and (2) of section 
                        5753(b) are satisfied with respect to the 
                        individual (without regard to any other 
                        provision of that section); and
                            ``(ii) the position to which the individual 
                        is appointed or to which the individual moves 
                        or must relocate--
                                    ``(I) is that of a CBP employee; 
                                and
                                    ``(II) is in a rural or remote area 
                                for which the Secretary has identified 
                                a direct relationship under subsection 
                                (b)(1)(B); and
                    ``(B) the individual enters into a written service 
                agreement with the Secretary--
                            ``(i) under which the individual is 
                        required to complete a period of employment as 
                        a CBP employee of not less than 2 years; and
                            ``(ii) that includes--
                                    ``(I) the commencement and 
                                termination dates of the required 
                                service period (or provisions for 
                                determining such dates);
                                    ``(II) the amount of the bonus; and
                                    ``(III) other terms and conditions 
                                under which the bonus is payable, 
                                including--
                                            ``(aa) the requirements 
                                        under this subsection;
                                            ``(bb) the conditions under 
                                        which the agreement may be 
                                        terminated before the agreed-
                                        upon service period has been 
                                        completed; and
                                            ``(cc) the effect of a 
                                        termination described in item 
                                        (bb).
            ``(3) Retention bonuses.--The Secretary may pay a retention 
        bonus to a CBP employee (other than an individual described in 
        section 5754(a)(2)) if--
                    ``(A) the Secretary determines that--
                            ``(i) a condition consistent with that 
                        described in section 5754(b)(1) is satisfied 
                        with respect to the CBP employee without regard 
                        to any other provision under section 5754;
                            ``(ii) the CBP employee is employed in a 
                        rural or remote area for which the Secretary 
                        has identified a direct relationship under 
                        subsection (b)(1)(B); and
                            ``(iii) in the absence of a retention 
                        bonus, the CBP employee would be likely to 
                        leave--
                                    ``(I) the Federal service; or
                                    ``(II) for a different position in 
                                the Federal service, including a 
                                position in another agency or component 
                                of the Department of Homeland Security; 
                                and
                    ``(B) the individual enters into a written service 
                agreement with the Secretary--
                            ``(i) under which the individual is 
                        required to complete a period of employment as 
                        a CBP employee of not less than 2 years; and
                            ``(ii) that includes--
                                    ``(I) the commencement and 
                                termination dates of the required 
                                service period (or provisions for 
                                determining such dates);
                                    ``(II) the amount of the bonus; and
                                    ``(III) other terms and conditions 
                                under which the bonus is payable, 
                                including--
                                            ``(aa) the requirements 
                                        under this subsection;
                                            ``(bb) the conditions under 
                                        which the agreement may be 
                                        terminated before the agreed-
                                        upon service period has been 
                                        completed; and
                                            ``(cc) the effect of a 
                                        termination described in item 
                                        (bb).
            ``(4) Rules for bonuses.--
                    ``(A) Maximum bonuses.--
                            ``(i) Recruitment and relocation bonuses.--
                        A bonus paid to an employee under paragraph (2) 
                        may not exceed 100 percent of the annual rate 
                        of basic pay of the employee as of the 
                        commencement date of the applicable service 
                        period.
                            ``(ii) Retention bonuses.--A bonus paid to 
                        an employee under paragraph (3) may not exceed 
                        50 percent of the annual rate of basic pay of 
                        the employee as of the commencement date of the 
                        applicable service period.
                    ``(B) Relation to basic pay.--A bonus paid to an 
                employee under paragraph (2) or (3) shall not be 
                considered part of the basic pay of the employee for 
                any purpose.
            ``(5) Office of personal management oversight.--The 
        Director, to the extent practicable, shall--
                    ``(A) set aside a determination of the Secretary 
                under this subsection if the Director finds substantial 
                evidence that the Secretary abused his or her 
                discretion in making the determination; and
                    ``(B) oversee the compliance of the Secretary with 
                this subsection.
    ``(d) Special Pay Authority.--In addition to the circumstances 
described in section 5305(b), the Director may establish special rates 
of pay in accordance with that section if the Director finds that the 
recruitment or retention efforts of the Secretary with respect to 
positions for CBP employees in an area or location are, or are likely 
to become, significantly handicapped because the positions are located 
in a rural or remote area for which the Secretary has identified a 
direct relationship under subsection (b)(1)(B).
    ``(e) Regular CBP Review.--
            ``(1) Ensuring flexibilities meet cbp needs.--The Secretary 
        shall annually review the use of hiring flexibilities under 
        subsections (c) and (d) to fill positions at a location in a 
        rural or remote area to determine--
                    ``(A) the impact of the use of such flexibilities 
                on solving hiring and retention challenges at the 
                location;
                    ``(B) whether hiring and retention challenges still 
                exist at the location; and
                    ``(C) whether the Secretary needs to continue to 
                use such flexibilities at the location.
            ``(2) Consideration.--In conducting the review under 
        paragraph (1), the Secretary shall consider--
                    ``(A) whether any CBP employee--
                            ``(i) accepted an employment incentive 
                        under subsection (c) or (d); and
                            ``(ii) later transferred to a new location 
                        or left the employment of U.S. Customs and 
                        Border Protection; and
                    ``(B) the period during which each employee 
                identified under subparagraph (A) remained at the 
                original location before transferring to a new location 
                or leaving the employment of U.S. Customs and Border 
                Protection.
            ``(3) Distribution.--The Secretary shall submit a report to 
        Congress describing each review required under paragraph (1).
    ``(f) Improving CBP Hiring and Retention.--
            ``(1) Education of cbp hiring officials.--Not later than 
        180 days after the date of the enactment of the Securing 
        America's Borders Act of 2019, the Secretary, in conjunction 
        with the Chief Human Capital Officer of the Department of 
        Homeland Security, shall develop and implement a strategy to 
        improve education regarding hiring and human resources 
        flexibilities (including hiring and human resources 
        flexibilities for locations in rural or remote areas) for all 
        employees serving in agency headquarters or field offices who 
        are involved in the recruitment, hiring, assessment, or 
        selection of candidates for locations in a rural or remote area 
        and the retention of current employees.
            ``(2) Elements.--The strategy required under paragraph (1) 
        shall include--
                    ``(A) developing or updating training and 
                educational materials on hiring and human resources 
                flexibilities for employees who are involved in the 
                recruitment, hiring, assessment, or selection of 
                candidates and the retention of current employees;
                    ``(B) regular training sessions for personnel who 
                are critical to filling open positions in rural or 
                remote areas;
                    ``(C) developing pilot programs or other programs, 
                as appropriate, to address identified hiring challenges 
                in rural or remote areas;
                    ``(D) developing and enhancing strategic recruiting 
                efforts through relationships with institutions of 
                higher education (as defined in section 102 of the 
                Higher Education Act of 1965 (20 U.S.C. 1002)), 
                veterans transition and employment centers, and job 
                placement program in regions that could assist in 
                filling positions in rural or remote areas;
                    ``(E) examining existing programs for effectively 
                aiding spouses and families of individuals who are 
                candidates or new hires in a rural or remote area;
                    ``(F) soliciting feedback from individuals who are 
                candidates or new hires at locations in a rural or 
                remote area, including feedback on the quality of life 
                in rural or remote areas for new hires and their 
                families;
                    ``(G) soliciting feedback from CBP employees who 
                are not new hires and are stationed at locations in a 
                rural or remote area, including feedback on the quality 
                of life in rural or remote areas for those CBP 
                employees and their families; and
                    ``(H) evaluating Department of Homeland Security 
                internship programs and the usefulness of such programs 
                in improving hiring by the Secretary in rural or remote 
                areas.
            ``(3) Evaluation.--
                    ``(A) In general.--The Secretary shall annually--
                            ``(i) evaluate the extent to which the 
                        strategy developed and implemented under 
                        paragraph (1) has improved the hiring and 
                        retention ability of the Secretary; and
                            ``(ii) make any appropriate updates to the 
                        strategy under paragraph (1).
                    ``(B) Information.--The evaluation conducted under 
                subparagraph (A) shall include--
                            ``(i) any reduction in the time taken by 
                        the Secretary to fill mission-critical 
                        positions in rural or remote areas;
                            ``(ii) a general assessment of the impact 
                        of the strategy developed and implemented under 
                        paragraph (1) on hiring challenges in rural or 
                        remote areas; and
                            ``(iii) other information the Secretary 
                        determines relevant.
    ``(g) Inspector General Review.--Not later than 2 years after the 
date of the enactment of the Securing America's Borders Act of 2019, 
the Inspector General of the Department of Homeland Security shall 
review the use of hiring flexibilities by the Secretary under 
subsections (c) and (d) to determine whether the use of such 
flexibilities is helping the Secretary meet hiring and retention needs 
in rural and remote areas.
    ``(h) Report on Polygraph Requests.--The Secretary shall report to 
Congress regarding the number of requests the Secretary receives from 
any other Federal agency for the file of an applicant for a position in 
U.S. Customs and Border Protection that includes the results of a 
polygraph examination.
    ``(i) Exercise of Authority.--
            ``(1) Sole discretion.--Notwithstanding chapter 71, the 
        exercise of authority under subsection (c) shall be subject to 
        the sole and exclusive discretion of the Secretary (or of the 
        Commissioner, if such authority is delegated pursuant to 
        paragraph (2)).
            ``(2) Delegation.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary may delegate any authority under this section 
                to the Commissioner.
                    ``(B) Oversight.--The Commissioner may not make a 
                determination under subsection (b)(1) unless the 
                Secretary approves the determination.
    ``(j) Rule of Construction.--Nothing in this section may be 
construed to exempt the Secretary or the Director from the 
applicability of the merit system principles under section 2301.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 97 of title 5, United States Code, is amended by adding at the 
end the following:

``9702. U.S. Customs and Border Protection employment authorities.''.

SEC. 7. CBP HIRING AND RETENTION INNOVATION COUNCIL.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
conjunction with the Chief Human Capital Officer of the Department of 
Homeland Security, shall establish a CBP Hiring and Retention 
Innovation Council (referred to in this section as the ``Council'') to 
develop strategies and initiatives to improve U.S. Customs and Border 
Protection hiring and retention efforts and capabilities.
    (b) Composition.--The Council shall be composed of--
            (1) the Secretary of Homeland Security, or the Secretary's 
        designee, who shall serve as the Chair of the Council;
            (2) the Commissioner of U.S. Customs and Border Protection, 
        or the Commissioner's designee;
            (3) the Assistant Commissioner, Office of Human Resources 
        Management, Enterprise Services, or the Assistant 
        Commissioner's designee;
            (4) the Assistant Commissioner, Office of Finance, 
        Enterprise Services, or the Assistant Commissioner's designee;
            (5) appropriate representatives from labor groups 
        representing U.S. Customs and Border Protection employees;
            (6) other members, selected by the Secretary, who have the 
        requisite knowledge or expertise to help U.S. Customs and 
        Border Protection develop new hiring and retention strategies, 
        initiatives, and innovations, including--
                    (A) private sector human resource experts; and
                    (B) chief human capital officers, or their 
                designees, from other Federal agencies; and
            (7) U.S. Customs and Border Protection officials who have 
        experience related to the hiring and retention of employees, 
        including at least 1 representative of each of the following 
        groups:
                    (A) Border Patrol officials with experience along 
                the southwest border of the United States.
                    (B) Border Patrol officials with experience working 
                along the northern border of the United States.
                    (C) Office of Field Operations officials with 
                experience along the southwest border of the United 
                States.
                    (D) Office of Field Operations officials with 
                experience along the northern border of the United 
                States.
                    (E) Air and Marine Operations officials with 
                experience along the land borders of the United States.
                    (F) Air and Marine Operations officials with 
                experience along the marine borders of the United 
                States.
                    (G) Office of Field Operations officials with 
                experience at ports of entry in the interior of the 
                United States.
                    (H) U.S. Customs and Border Protection officials 
                with experience working along the maritime borders in 
                the southeastern region of the United States.
    (c) Border Patrol Hiring and Retention Improvement Analysis.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Council shall submit a report to 
        Congress that analyzes whether Border Patrol workforce hiring 
        and retention would be improved by a new pay and employee 
        classification system, without regard to provisions of any 
        other law relating to the appointment, number, classification, 
        or compensation of U.S. Border Patrol employees.
            (2) Requirements.--The analysis conducted by the Council 
        pursuant to paragraph (1) shall address any hiring, retention, 
        and attrition challenges that exist in U.S. Border Patrol as a 
        result of--
                    (A) pay structure, including basic and premium pay, 
                incentives, and allowances for Border Patrol agents and 
                support staff;
                    (B) staffing schedules, including those governed by 
                collective bargaining agreements;
                    (C) staffing levels, including the comprehensive 
                staffing analysis required under the Border Patrol 
                Agent Pay Reform Act of 2014 (Public Law 113-277);
                    (D) geographic and socioeconomic factors 
                surrounding each duty location;
                    (E) barriers to effective recruitment of U.S. 
                Border Patrol applicants;
                    (F) barriers to entry for U.S. Border Patrol 
                applicants, including polygraph examinations; and
                    (G) any other considerations determined to be 
                appropriate by the Council.
    (d) CBP Hiring and Retention Pilot Programs.--
            (1) In general.--During the 5-year period beginning on the 
        date of the enactment of this Act, the Secretary of Homeland 
        Security shall carry out pilot programs to develop improved 
        strategies to improve U.S. Customs and Border Protection hiring 
        and retention capabilities and programs in order to meet its 
        staffing needs.
            (2) Required pilot programs.--Of the pilot programs carried 
        out under paragraph (1)--
                    (A) at least 1 pilot program shall focus on ports 
                of entry or other duty stations experiencing severe 
                workforce shortages, critical hiring needs, or 
                retention challenges; and
                    (B) at least 1 pilot program shall focus on U.S. 
                Border Patrol duty locations experiencing severe 
                workforce shortages, critical hiring needs, or 
                retention challenges.
            (3) Requirements.--In carrying out pilot programs under 
        this subsection, the Secretary shall--
                    (A) examine the findings of the Council to 
                determine which initiatives or strategies developed by 
                the Council should be tested in a pilot program;
                    (B) examine the data collected through the exit 
                survey given to all departing U.S. Customs and Border 
                Protection employees to inform the development of pilot 
                programs;
                    (C) beginning not later than 180 days after the 
                establishment of the Council, commence at least 1 U.S. 
                Customs and Border Protection hiring or retention pilot 
                program every fiscal year; and
                    (D) execute pilot programs in the locations that 
                the Secretary determines will provide the most accurate 
                assessment of the effectiveness of the pilot programs.
            (4) Considerations.--The Secretary shall consider, in 
        accordance with existing law, developing pilot programs under 
        this subsection that examine--
                    (A) the effectiveness of alternative or 
                nontraditional work schedules on hiring and retention;
                    (B) the impact on hiring and retention of providing 
                employees transportation between their residences and 
                their work sites;
                    (C) using existing pay authorities, including 
                recruitment and retention incentive pay, on hiring and 
                retention efforts;
                    (D) improving the morale of the overall workforce 
                or the workforce at specific U.S. Customs and Border 
                Protection locations;
                    (E) providing of additional training to employees 
                to allow them to better execute changing job 
                requirements; and
                    (F) consumer demand at each port of entry.
            (5) Other matters.--The Secretary is authorized to 
        implement pilot projects under this subsection using the 
        authorities granted to the Office of Personnel Management under 
        section 4703 of title 5, United States Code.
            (6) Annual report.--Not later than 180 days after the date 
        on which the first pilot program is established under this 
        subsection, and annually thereafter, the Secretary 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--
                    (A) evaluates the effectiveness of the pilot 
                programs established under this section; and
                    (B) analyzes how current or completed pilot 
                programs are expected to improve hiring and retention 
                capabilities and programs at U.S. Customs and Border 
                Protection to meet its staffing needs.
    (e) Sunset.--This section is repealed on the date that is 5 years 
after the date of the enactment of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
                                                       Calendar No. 615

116th CONGRESS

  2d Session

                                S. 2162

                          [Report No. 116-312]

_______________________________________________________________________

                                 A BILL

 To require the Commissioner of U.S. Customs and Border Protection to 
    annually hire at least 600 new Border Patrol agents, to report 
quarterly to Congress on the status of the Border Patrol workforce, and 
             to conduct a comprehensive staffing analysis.

_______________________________________________________________________

                           December 14, 2020

                       Reported with an amendment