[House Report 116-22]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-22
======================================================================
U.S. CUSTOMS AND BORDER PROTECTION RURAL AND REMOTE HIRING AND
RETENTION STRATEGY ACT OF 2019
_______
March 28, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 1598]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1598) to require the Secretary of Homeland
Security to issue a strategy to improve hiring and retention of
U.S. Customs and Border Protection personnel in rural or remote
areas, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
C.B.O. Estimate New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 5
Federal Mandates Statement....................................... 5
Duplicative Federal Programs..................................... 5
Statement of General Performance Goals and Objectives............ 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S. Customs and Border Protection
Rural and Remote Hiring and Retention Strategy Act of 2019''.
SEC. 2. STRATEGY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Chief Human Capital Officer of the Department of Homeland
Security and the Commissioner of U.S. Customs and Border Protection,
shall issue a strategy and implementation plan, including benchmarks,
to improve the hiring and retention of individuals by the Commissioner
in rural or remote areas relating to employment in such areas.
(b) Considerations.--The strategy required under subsection (a) shall
take into consideration the following:
(1) Feedback from individuals who are U.S. Customs and Border
Protection candidates or new hires at locations in rural or
remote areas, including feedback on the quality of life in such
areas for new hires and their families.
(2) Feedback from U.S. Customs and Border Protection
personnel, other than new hires, who are stationed at locations
in rural or remote areas, including feedback on the quality of
life in such areas for such personnel and their families.
(3) Feedback from U.S. Customs and Border Protection
personnel who have decided to separate from the agency.
(4) An assessment of existing Federal programs, including
financial incentives and other compensation-based
flexibilities, regarding how to most effectively aid spouses
and families of individuals who are candidates or new hires in
a rural or remote area.
(5) An assessment of Department of Homeland Security
internship programs and the usefulness of such programs in
improving hiring by the Secretary of Homeland Security in rural
or remote areas.
(c) Plan.--The implementation plan required under subsection (a)
shall--
(1) include a pilot or other program, as appropriate, to
address hiring and retention challenges faced by U.S. Customs
and Border Protection in rural or remote areas; and
(2) enhance strategic recruiting efforts of U.S. Customs and
Border Protection through relationships with institutions of
higher education (as such term is defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002)), veterans
transition and employment centers, and job placement programs
in regions that could assist in filling positions in rural or
remote areas.
(d) Report to Congress and GAO.--Beginning on the date that is one
year after the date of issuance of the strategy and implementation plan
required under subsection (a) and for four years thereafter, the
Secretary of Homeland Security shall report to the Committee on
Homeland Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Comptroller General of the United States on the extent to which such
strategy and implementation plan has improved the hiring and retention
by U.S. Customs and Border Protection of employees in rural or remote
areas.
(e) GAO Assessment.--Not later than 120 days after receiving each
report required under subsection (d), the Comptroller General of the
United States shall submit to the committees referred to in such
subsection an assessment of the effectiveness of U.S. Customs and
Border Protection actions described in each such report, including
recommendations for improvements as the Comptroller General determines
appropriate.
(f) Rural or Remote Areas Defined.--For purposes of this section, the
term ``rural or remote areas'' means areas within the United States
that are not within an area defined and designated as urbanized areas
by the Bureau of the Census in the most recently completed decennial
census and include areas along the northern and southern borders.
PURPOSE AND SUMMARY
The purpose of H.R. 1598 is to require U.S. Customs and
Border Protection (CBP), in conjunction with the Department of
Homeland Security's (DHS) Chief Human Capital Officer (CHCO),
to develop a strategy and implementation plan to improve hiring
and retention of personnel in rural and remote areas. The
strategy must consider direct feedback from current CBP
personnel and their families on quality of life in rural and
remote areas. The strategy shall include feedback from exit
interviews of employees who are choosing to leave the agency as
well, a recommendation from a June 2018 GAO report on CBP
hiring challenges. It must also take into consideration an
assessment of the effectiveness of current Federal programs,
including financial incentives and DHS internships programs, on
CBP's ability to recruit and retain personnel in rural and
remote locations. The implementation plan must include a pilot
or other program, as appropriate, to address hiring challenges
CBP faces in those areas. The implementation plan must also
include activities to enhance strategic recruitment efforts at
educational institutions, veterans transition and employment
centers and other job placement centers that operate in rural
or remote areas. Lastly, H.R. 1598 requires CBP would to submit
annual reports to Congress and the Comptroller General for five
years on the effect its new efforts have on hiring and
retention in rural and remote areas. The Comptroller General
would, after each such report, be required to assess the
effectiveness of CBP's efforts.
BACKGROUND AND NEED FOR LEGISLATION
As noted in CBP's written testimony delivered to the
Subcommittee on Oversight, Management, and Accountability on
March 7, 2019, many CBP duty stations are in extremely remote
areas, a significant distance from amenities and services, such
as medical care, child care, and schools. Geographically remote
locations are often accompanied by extreme environments and
harsh weather conditions and frequently have few affordable
housing options. Difficulties in hiring and retaining personnel
in these ``hard-to-fill'' remote locations is exacerbated by
competition with other Federal, State, and local law
enforcement organizations who can offer more desirable duty
locations.\1\
---------------------------------------------------------------------------
\1\Testimony of Benjamine ``Carry'' Huffman, Acting Executive
Assistant Commissioner, Enterprise Services, CBP and Rodolfo Karisch,
Rio Grande Valley Sector Chief, U.S. Border Patrol, CBP. ``CBP
Workforce Challenges: Exploring Solutions to Address Recruitment and
Retention.'' March 7, 2019.
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On March 7, 2019, the Subcommittee on Oversight,
Management, and Accountability heard testimony from CBP that
hiring in rural areas ``has been a key challenge.''\2\ The
Government Accountability Office also offered in its written
testimony that location, ``specifically employees' inability to
relocate to posts in more desirable locations,'' has been a
primary challenge for the agency in retaining qualified
personnel.\3\
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\2\Huffman and Karisch Testimony.
\3\Testimony of Rebecca Gambler, Director, Homeland Security and
Justice, GAO. ``U.S. Customs and Border Protection, Progress and
Challenges in Recruiting, Hiring, and Retaining Law Enforcement
Personnel.'' March 7, 2019.
---------------------------------------------------------------------------
As CBP faces these hiring and retention challenges, the
needs along the rural and remote areas of our border are
expanding rapidly. In recent months, for example, large groups
of migrants--mostly comprised of families and unaccompanied
children--have turned themselves in to Border Patrol Agents
near remote ports of entry.\4\ In order to ensure that CBP can
properly adapt to the changing circumstances along the remote
sections of our southern border, we must ensure it has the
resources to do so, and that starts with personnel.
---------------------------------------------------------------------------
\4\Gumprecht, Blake. ``A new group of more than 100 migrants
apprehended at Antelope Wells Port of Entry.'' La Cruces Sun-News,
January 18, 2019, https://www.lcsun-news.com/story/news/2019/01/18/
antelope-wells-port-of-entry-nm-illegal-group-migrants-border-patrol/
2620220002/; Kocherga, Angela. ``Group of 306 migrants arrives at
Antelope Wells.'' Albuquerque Journal, January 25, 2019, https://
www.abqjournal.com/1272699/group-of-306-migrants-turn-themselves-in-to-
border-patrol-agents-at-antelope-wells.html.
---------------------------------------------------------------------------
HEARINGS
On March 7, 2019, the Subcommittee on Oversight,
Management, and Accountability held a hearing entitled ``CBP
Workforce Challenges: Exploring Solutions to Address
Recruitment and Retention'' addressing the difficulties CBP
faces in hiring and retaining law enforcement officers.
Testimony was heard from Mr. Benjamine ``Carry'' Huffman,
Acting Executive Assistant Commissioner, Enterprise Services,
U.S. Customs and Border Protection; Ms. Rebecca Gambler,
Director, Homeland Security and Justice Team, U.S. Government
Accountability Office; and Mr. Anthony M. Reardon, President,
The National Treasury Employees Union.
COMMITTEE CONSIDERATION
The Committee met on March 13, 2019, with a quorum being
present, to consider H.R. 1598 and ordered the measure to be
reported to the House with a favorable recommendation, with
amendment, by unanimous consent.
The following amendments were offered and accepted by
unanimous consent:
An amendment offered by Ms. Torres Small of New Mexico (#1)
Page 2, line 9, insert ``relating to employment in such areas''
before the period at the end.
Page 3, line 10, insert ``and retention'' after ``hiring''.
An amendment offered by Mr. Higgins of Louisiana (#2) In
section 2(b), insert after paragraph (2) the following: (3)
Feedback from U.S. Customs and Border Protection personnel who
have decided to separate from the agency.
An amendment offered by Mr. Higgins of Louisiana (#3) In
section 2(d), in the subsection heading, insert
``AND GAO'' after ``CONGRESS''.
In section 2(d), strike ``and the Committee'' and insert ``, the
Committee''.
In section 2(d), insert ``, and the Comptroller General of the United
States'' after ``Senate''.
In section 2, insert after subsection (d) the following: (e) GAO
ASSESSMENT.
An amendment offered by Ms. Slotkin (#4) Page 4, line 12,
insert ``and includes areas along the northern and southern
borders'' before the period at the end.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 1598.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
CONGRESSIONAL BUDGET OFFICE ESTIMATE NEW BUDGET AUTHORITY, ENTITLEMENT
AUTHORITY, AND TAX EXPENDITURES
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
FEDERAL MANDATES STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 1598 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
PERFORMANCE GOALS AND OBJECTIVES
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1598 would aid CBP in meeting its recruitment and retention
needs in rural and remote areas.
ADVISORY ON EARMARKS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(c), or 9(f) of the rule
XXI.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that this bill may be cited as the
``U.S. Customs and Border Protection Rural and Remote Hiring
and Retention Strategy Act of 2019''.
Sec. 2. Strategy
Subsection (a) requires the Commissioner of CBP and the
CHCO of DHS, not later than one year after the enactment of
this bill, to issue a strategy and implementation plan,
including benchmarks, to improve the hiring and retention of
personnel in rural or remote areas.
Subsection (b) requires the strategy to take into account
specific information. First, the strategy shall consider direct
feedback from candidates, current CBP personnel stationed at
rural or remote locations, and CBP personnel who have decided
to separate from the agency. Second, the strategy must take
into account an assessment of programs, including financial
incentives, that evaluates how to effectively aid spouses and
families of individuals who work in rural or remote locations.
Finally, the strategy must consider an assessment of Department
internship programs that evaluates whether those programs
improve hiring in rural or remote areas.
Subsection (c) requires that the implementation plan
include a pilot or other program to address the hiring and
retention challenges faced by CBP in rural or remote areas. The
plan must also enhance recruiting efforts by having CBP build
relationships with higher-educational institutions, veterans'
transition and employment centers, and job placement programs
in rural or remote areas.
Subsection (d) instructs the Secretary of Homeland
Security, beginning one year after the date of the issuance of
the strategy and implementation plan and for four years
thereafter, to report to Congress and the Comptroller General
on the effects its new efforts have on hiring and retention in
rural or remote areas.
Subsection (e) instructs the Comptroller General, not later
than 120 days after the delivery of each report required under
subsection (d), to submit to Congress an assessment of the
effectiveness of CBP's actions described in each such report.
This assessment should include recommendations for improvements
to CBP's efforts.
Subsection (f) defines the term ``rural or remote areas''
as those areas within the United States that are not within an
area defined and designated as urbanized by the Bureau of the
Census in the most recently completed decennial census and
includes areas along the northern and southern border.
[all]