[Senate Report 114-116]
[From the U.S. Government Publishing Office]
Calendar No. 196
114th Congress } { Report
SENATE
1st Session } { 114-116
_______________________________________________________________________
BORDER JOBS FOR VETERANS ACT OF 2015
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 1603
TO ACTIVELY RECRUIT MEMBERS OF THE ARMED FORCES WHO
ARE SEPARATING FROM MILITARY SERVICE TO SERVE AS CUSTOMS AND BORDER
PROTECTION OFFICERS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 5, 2015.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2015
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
Keith B. Ashdown, Staff Director
Christopher R. Hixon, Chief Counsel
David S. Luckey, Director of Homeland Security
William H.W. McKenna, Chief Counsel for Homeland Security
Brooke N. Ericson, Deputy Chief Counsel for Homeland Security
Gabrielle A. Batkin, Minority Staff Director
John P. Kilvington, Minority Deputy Staff Director
Mary Beth Schultz, Minority Chief Counsel
Stephen R. Vina, Minority Chief Counsel for Homeland Security
Holly A. Idelson, Minority Senior Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 196
114th Congress } { Report
SENATE
1st Session } { 114-116
======================================================================
BORDER JOBS FOR VETERANS ACT OF 2015
_______
August 5, 2015.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1603]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1603) to actively
recruit members of the Armed Forces who are separating from
military service to serve as Customs and Border Protection
Officers, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
CONTENTS
Page
I. Purpose and Summary.............................................1
II. Background and Need for the Legislation.........................2
III. Legislative History.............................................3
IV. Section-by-Section Analysis.....................................4
V. Evaluation of Regulatory Impact.................................5
VI. Congressional Budget Office Cost Estimate.......................5
VII. Changes in Existing Law Made by the Bill, as Reported...........6
I. PURPOSE AND SUMMARY
The purpose of S. 1603, the Border Jobs for Veterans Act of
2015, is to assist the U.S. Department of Homeland Security
(DHS) in filling open Customs and Border Protection Officer
(CBPO) positions by actively recruiting members of the Armed
Forces who are separating from military service. This bill will
require DHS and the Department of Defense (DOD) to identify
positions in the Armed Forces that have transferable
requirements, qualifications, and duties to those required for
CBPOs and to establish a program that will help inform
separating service members of CBPO opportunities, as well as
streamline interagency transfers of relevant background
investigations and security clearances.
II. BACKGROUND AND THE NEED FOR LEGISLATION
U.S. Customs and Border Protection (CBP), within DHS, is
charged with safeguarding U.S. borders to protect the public
from terrorists and other threats while facilitating the
Nation's global economic competitiveness by enabling lawful
international trade and travel.\1\ CBPOs are stationed along
our nation's ports of entry (POEs), and are responsible for
detecting and preventing unlawful entries of people or goods
into the U.S., while also enabling legitimate trade and
travel.\2\ CBPOs must enforce more than 400 laws related to the
admissibility of individuals, contraband, agricultural pests
and diseases, and trade.\3\ In Fiscal Year (FY) 2013, CBP
processed more than 362 million passengers in the land, sea,
and air environments at 329 distinct ports of entry.\4\ Between
FY2009 and FY2014, the U.S. saw a 22 percent increase in air
travelers, and the U.S. expects air travel to grow four to five
percent annually for the next several years.\5\
---------------------------------------------------------------------------
\1\U.S. Department of Homeland Security, U.S. Customs and Border
Protection, About CBP, available at http://www.cbp.gov/about.
\2\U.S. Department of Homeland Security, U.S. Customs and Border
Protection, CBP Opens Announcement to Hire Additional 2,000 Officers
(2014), available at http://www.cbp.gov/newsroom/national-media-
release/2014-05-01-000000/cbp-opens-announcement-hire-additional-2000.
\3\Id.
\4\Budget Hearing--United States Customs and Border Protection:
Hearing Before the House Comm. on Appropriations Subcomm. on Homeland
Security, 113th Cong. (2014) (testimony of Gil Kerlikowske,
Commissioner, Customs and Border Protection), available at, http://
docs.house.gov/meetings/AP/AP15/20140402/102009/HHRG-113-AP15-Wstate-
KerlikowskeR-20140402.pdf.
\5\U.S. Department of Homeland Security, U.S. Customs and Border
Protection Office of Field Operations, Resource Optimization Strategy
(2015).
---------------------------------------------------------------------------
Additionally, in FY2013, CBP collected $42.5 billion in
revenue and processed $2.38 trillion in trade.\6\ The National
Center for Risk and Economic Analysis of Terrorism Events
(CREATE), a DHS Center of Excellence, has issued multiple
reports finding that the staffing levels at U.S. POEs impacts
wait times, which directly impact the economy.\7\ Another study
commissioned by the Department of Commerce's International
Trade Administration found that in 2008, delays at POEs at the
U.S.-Mexico border cost the U.S. economy 26,000 jobs, $600
million in lost tax revenue, and $5.8 billion in lost economic
output.\8\ According to CBP, 2,000 additional CBPOs will lead
to the creation of approximately 66,000 new jobs and increase
the Gross Domestic Product (GDP) of the U.S. by up to $4
billion.\9\
---------------------------------------------------------------------------
\6\Testimony of Gil Kerlikowske, supra note 4.
\7\National Center for Risk and Economic Analysis of Terrorism
Events (CREATE), The Impact on the U.S. Economy on Changes in Wait
Times at Ports of Entry (2013), available at http://
research.create.usc.edu/cgi/
viewcontent.cgi?article=1183&context=nonpublished_reports; see also
National Center for Risk and Economic Analysis of Terrorism Events
(CREATE), Analysis of Primary Inspection Wait Time at U.S. Ports of
Entry (2014), available at http://research.create.usc.edu/cgi/
viewcontent.cgi?article=1184&context=nonpublished_reports.
\8\See Vivian C. Jones & Lisa Seghetti, U.S. Customs and Border
Protection: Trade Facilitation, Enforcement, and Security,
Congressional Research Service, 4 (2015).
\9\Testimony of Gil Kerlikowske, supra note 4.
---------------------------------------------------------------------------
Recognizing both the economic and national security
interests involved in fully staffing U.S. POEs, Congress
appropriated funding for 2,000 new CBPOs in the Consolidated
Appropriations Act of 2014, bringing the congressionally funded
staffing target to 23,775 officers for FY2015.\10\ However, as
of February 22, 2014, CBP maintained a workforce of only 21,891
CBPOs.\11\ Due to attrition and the time it takes to bring on
new officers, CBP has only realized a net gain of 818 officers
since 2013.\12\
---------------------------------------------------------------------------
\10\Pub. L. No. 133-76.
\11\Testimony of Gil Kerlikowske, supra note 4.
\12\Data Provided to Committee Staff by the U.S. Customs and Border
Protection Agency (June 2, 2015).
---------------------------------------------------------------------------
Based on CBP's Workload Staffing Model, newly hired CBPOs
will be stationed in 44 ports and 18 states, including Los
Angeles, Detroit, Buffalo, Houston, Dallas, Chicago, Las Vegas,
Laredo, Nogales, and New Orleans.\13\ Members of the Homeland
Security and Governmental Affairs Committee have expressed
concerns during Committee hearings about the need to fill these
positions, particularly in remote areas like North Dakota.\14\
According to CBP, the POEs of Portal, North Dakota and Pembina,
North Dakota will each receive additional staffing once CBP is
able to bring new CBPOs on board.\15\
---------------------------------------------------------------------------
\13\U.S. Department of Homeland Security, U.S. Customs and Border
Protection, CBP Opens Announcement to Hire Additional 2,000 Officers
(2014), available at http://www.cbp.gov/newsroom/national-media-
release/2014-05-01-000000/cbp-opens-announcement-hire-additional-2000.
\14\See Securing the Border: Understanding Threats and Strategies
for the Northern Border: Hearing Before the Comm. on Homeland Security
and Governmental Affairs, 114th Cong. (2015).
\15\Data Provided to Committee Staff by the U.S. Customs and Border
Protection Agency (June 23, 2015).
---------------------------------------------------------------------------
On the other hand, the DOD anticipates that approximately
250,000 to 300,000 service members will separate from the Armed
Forces annually over the next four years.\16\ Moreover,
approximately 19 percent of enlisted personnel--27 percent
within the Army and Marines--separate from active duty from
occupational fields that do not easily translate to the
civilian sector, leading to high levels of unemployment among
our veterans.\17\
---------------------------------------------------------------------------
\16\Transition Assistance Program: Hearing Before the House Armed
Services Comm., Subcomm. on Military Personnel, 113th Cong. (2013)
(Testimony of Dr. Susan Kelly, Director of Transitions to Veterans
Program Office, Department of Defense).
\17\Id.
---------------------------------------------------------------------------
To assist DHS in the hiring of CBPOs, and to assist
veterans in finding employment, this bill seeks to actively
recruit separating service members of the Armed Forces, who
have similar skillsets to those serving as CBPOs. This bill
provides for partnerships between DHS and DOD to identify
opportunities for reciprocity related to hiring, ensures the
streamlining of interagency transfers of relevant background
investigations and security clearances to expedite hiring, and
requires both agencies to take an active role in educating
separating service members about CBPO opportunities. As noted
in the Congressional Budget Office report for this bill, CBP is
currently carrying out activities similar to those required by
the bill.
III. LEGISLATIVE HISTORY
Senators Flake, Johnson, McCain, and Schumer introduced S.
1603 on June 17, 2015, and the bill was referred to the
Committee on Homeland Security and Governmental Affairs. The
Committee considered S. 1603 at a business meeting on June 24,
2015.
Chairman Johnson offered a substitute amendment, with
technical corrections and a sunset to the reporting
requirement. The Committee adopted the amendment and ordered
the bill, as amended, reported favorably, both by voice vote.
Senators present for both votes were: Johnson, McCain,
Lankford, Ayotte, Ernst, Sasse, Carper, Tester, Baldwin, and
Heitkamp.
IV. SECTION-BY-SECTION ANALYSIS OF THE ACT, AS REPORTED
Section 1. Short title
This section provides the bill's short title, the ``Border
Jobs for Veterans Act of 2015.''
Section 2. Findings
This section provides findings by Congress that--
(1) CBPOs at U.S. ports of entry carry out critical
law enforcement duties;
(2) It is in the national interest for U.S. ports of
entry to be adequately staffed in a timely fashion and
for DHS to meet congressionally funded staffing
targets;
(3) An estimated 250,000 to 300,000 members of the
Armed Forces separate from military service each year;
and
(4) Recruiting efforts and expedited hiring
procedures should be undertaken to ensure qualified
separating service members are aware of and partake in
opportunities to fill vacant CBPO positions.
Section 3. Expedited hiring of appropriate separating service members
This section requires the Secretary of Homeland Security,
in conjunction with the Secretary of Defense, to identify
positions in the Armed Forces that have transferable
requirements, qualifications, and duties to those required for
CBPOs and to consider hiring qualified candidates in such
identified positions who are eligible for veterans' recruitment
appointment.
Section 4. Establishing a program for recruiting service members
separating from military service for Customs and Border
Protection Officer vacancies
This section requires the Secretary of Homeland Security,
in conjunction with the Secretary of Defense, to establish a
program within 180 days that actively recruits members of the
Armed Forces separating from military service to serve as
CBPOs.
The program will, among other things, include CBPO
opportunities as part of DOD job assistance efforts, place
appropriate DHS officials at recruiting events and job fairs
involving separating service members, provide partnership
opportunities for CBP field offices and military bases in the
same region, require DHS and DOD to identify opportunities for
reciprocity related to steps in hiring to minimize the time
required to hire qualified applicants, and require DHS and DOD
to ensure streamlined interagency transfers of relevant
background investigation and security clearances.
Section 5. Report to Congress
This section requires the Secretary of Homeland Security
and Secretary of Defense jointly to submit a report to Congress
180 days after the date of the enactment of the bill, and for
three successive years, describing the program, actions taken
by the departments, the number of separating service members
made aware of CBPO vacancies, and the number of CBPO positions
filled pursuant to this program.
Section 6. Rules of construction
This section ensures that nothing in this bill may be
construed to affect existing Federal veterans' hiring
preferences or Federal hiring authorities or to authorize
appropriations to carry out the provisions of the bill.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
July 21, 2015.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1603, the Border
Jobs for Veterans Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
S. 1603--Border Jobs for Veterans Act of 2015
S. 1603 would require the Department of Homeland Security
(DHS), with assistance from the Department of Defense (DoD), to
establish a program to recruit members of the armed forces who
are leaving the military to serve as Customs and Border
Protection (CBP) officers. The program would include placing
DHS officials at certain recruiting events and conducting
outreach efforts to educate certain members of the armed forces
about available jobs with CBP. The bill also would require DHS
and DoD to report annually to the Congress about the progress
of the program.
Based on the cost of similar activities, CBO estimates that
implementing S. 1603 would cost less than $500,000 annually;
any spending would be subject to the availability of
appropriated funds. CBP is currently carrying out activities
similar to those required by the bill, and the agency employs a
significant number of veterans of the armed forces. Enacting
the legislation would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
S. 1603 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
Because this legislation would not repeal or amend any
provision of current law, it would make no changes in existing
law within the meaning of clauses (a) and (b) of paragraph 12
of rule XXVI of the Standing Rules of the Senate.
[all]