[Senate Report 116-312]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 615

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-312

======================================================================
 
                     SECURING AMERICA'S BORDERS 
                              ACT OF 2019

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 2162

 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

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 14, 2020.--Ordered to be printed
               
               
                             __________
               
               
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                           WASHINGTON : 2020                     
          
-----------------------------------------------------------------------------------               
             
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
                       Clark A. Hedrick, Counsel
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
         Samuel Rodarte Jr., Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk
                     
                     
  
                                                  Calendar No. 615

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-312

=====================================================================                   
                
                  SECURING AMERICA'S BORDERS ACT OF 2019

                                _______
                                

               December 14, 2020.--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. 2162]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 2162) 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, 
having considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) 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..............................................6
 IV. Section-by-Section Analysis......................................7
  V. Evaluation of Regulatory Impact.................................10
 VI. Congressional Budget Office Cost Estimate.......................10
VII. Changes in Existing Law Made by the Bill, as Reported...........11

                         I. Purpose and Summary

    This bill requires U.S. Customs and Border Protection (CBP) 
to hire at least 600 Border Patrol agents above attrition 
levels each year until the number of Border Patrol agents 
reaches and sustains 26,370 agents. This bill also allows CBP 
to hire additional support staff for Border Patrol and to 
utilize special hiring authorities and pay incentives for CBP 
officers in rural and remote locations, and requires CBP to 
provide Congress with quarterly reporting on Border Patrol 
workforce metrics. In addition, CBP must update and submit the 
comprehensive staffing analysis for Border Patrol mandated in 
the Border Patrol Agent Pay Reform Act of 2014.

              II. Background and Need for the Legislation

    The nation's borders remain unsecure. In fiscal year 2019, 
Border Patrol agents apprehended 851,508 migrants crossing 
between U.S. ports of entry along the southern border.\1\ Of 
those migrants, 473,682 were family unit aliens and 76,020 were 
unaccompanied minors.\2\ Despite the high levels of migration, 
the total number of criminal aliens encountered between ports 
of entry decreased significantly, from 19,117 in FY 2015 to 
4,269 in FY 2019, marking the lowest number encountered since 
CBP began publishing data and making this wave of migration 
distinct from previous ones.\3\ During the same period, U.S. 
officials at southern border ports of entry--where CBP 
maintains facilities and staff to inspect incoming cargo and 
verify individuals' admissibility to the United States--
apprehended 53,430 family unit aliens and 4,614 unaccompanied 
minors.\4\ Border Patrol also seized 266,882 pounds of 
marijuana, 14,434 pounds of methamphetamine, 11,682 pounds of 
cocaine, 808 pounds of heroin, and 226 pounds of fentanyl in 
fiscal year 2019.\5\ Through April of 2020, Border Patrol had 
already seized 288 pounds of fentanyl, more than the previous 
fiscal year's total.\6\
---------------------------------------------------------------------------
    \1\U.S. Customs and Border Prot., Southwest Migration FY2019 (last 
updated Nov. 14, 2019), available at https://www.cbp.gov/newsroom/
stats/sw-border-migration/fy-2019 [hereinafter Southwest Migration].
    \2\Id.
    \3\U.S. Customs and Border Prot., Criminal Alien Statistics Fiscal 
Year 2019 (last updated Nov. 14, 2019), available at https://
www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/criminal-alien-
statistics-fy2019; see also U.S. Customs and Border Prot., Criminal 
Alien Statistics FY2017 (last updated Dec. 14, 2017), available at 
https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/criminal-
alien-statistics-fy2017.
    \4\Southwest Migration, supra note 1.
    \5\U.S. Customs and Border Prot., CBP Enforcement Statistics 
FY2020, available at https://www.cbp.gov/newsroom/stats/cbp-
enforcement-statistics.
    \6\Id.
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    During the spring and summer of 2019, Border Patrol agents 
were diverted from their mission of securing the border to 
confront a humanitarian crisis on the southwest border, in 
conjunction with the U.S. National Guard, Army, and Coast Guard 
personnel, due to the sharp increase in illegal crossings.\7\ 
Hundreds of adults had to be held in units designed to hold 35 
single adults, leading to unsanitary conditions.\8\ In May 
2019, 66 percent of detainees at El Paso Del Norte Processing 
Center were being held for longer than 72 hours, with 4 percent 
held for more than two weeks, significantly surpassing the CBP 
72-hour short-term detention standard.\9\ Even HHS facilities 
were operating at or above capacity, causing unaccompanied 
alien children to remain in CBP facilities under Border 
Patrol's care for longer periods of time than permitted under 
the Trafficking Victims Protection Reauthorization Act.\10\ 
According to Department of Homeland Security (DHS) Office of 
the Inspector General (OIG), CBP could not transfer detainees 
out of its facilities until U.S. Immigration and Customs 
Enforcement (ICE) had space for single adults and families.\11\ 
However, since ICE residential centers detention space is 
reserved for family units place in expedited removal, the vast 
majority of family units were released into the United States 
to await their immigration court proceedings.\12\ According to 
the U.S. Government Accountability Office (GAO), during the 
first two quarters of FY 2019 CBP placed an increasing 
percentage of family units into full removal proceedings, 
giving Notices to Appear to around 88 percent of those 
encountered during that period, under which they may be 
paroled.\13\ All of these factors forced Border Patrol to 
release migrants without proper vetting.\14\
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    \7\Press Release, U.S. Dep't of Homeland Sec., Texas Governor 
Deploys 1,000 National Guard Soldiers to Assist with Border Crisis 
(June 21, 2019), available at https://www.dhs.gov/news/2019/06/21/
texas-governor-deploys-1000-national-guard-soldiers-assist-border-
crisis; see also Press Release, U.S. Customs and Border Prot., CBP 
Commissioner Addresses Current Border Crisis (March 27, 2019), 
available at https://www.cbp.gov/newsroom/national-media-release/cbp-
commissioner-addresses-current-border-crisis.
    \8\Dep't of Homeland Sec., Off. of Inspector Gen., Management Alert 
- DHS Needs to Address Dangerous Overcrowding Among Single Adults at El 
Paso Del Norte Processing Center 3, 6 (May 2019), available at https://
www.oig.dhs.gov/sites/default/files/assets/2019-05/OIG-19-46-May19.pdf.
    \9\Id.
    \10\Dep't of Homeland Sec., Off. of Inspector Gen., Management 
Alert--DHS Needs to Address Dangerous Overcrowding and Prolonged 
Detention of Children and Adults in the Rio Grande Valley 3 (July 
2019), available at https://www.oig.dhs.gov/sites/default/files/assets/
2019-07/OIG-19-51-Jul19--.pdf; see also Dep't of Homeland Sec. Advisory 
Council, CBP Families and Children Care Panel Final Report 1 (Nov. 
2019), available at https://www.dhs.gov/sites/default/files/
publications/fccp-final-report-1.pdf.
    \11\Id.
    \12\U.S. Government Accountability Office, Southwest Border: 
Actions Needed to Improve DHS Processing of Families and Coordination 
between DHS and HHS (Feb. 2020), available at https://www.gao.gov/
assets/710/704683.pdf.
    \13\Id.
    \14\Julie Small, Detention Beds for Immigrant Families Nearly Empty 
Amid Surge in Border Crossings, KQED News (Apr. 12, 2019), https://
www.kqed.org/news/11740058/detention-beds-for-immigrant-families-
nearly-empty-amid-surge-in-border-crossings.
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    Fortunately, DHS policies and programs have helped slow the 
pace of migration this year.\15\ Yet illegal crossings at the 
southwest border still persist at crisis levels.\16\ On March 
28, 2019, former DHS Secretary Jeh Johnson asserted in an 
interview that he considered more than 1,000 apprehensions per 
day at the southwest border crisis-level.\17\ At its high point 
in May 2019, the U.S. averaged 4,286 apprehensions per day 
between ports of entry; by September 2019, the daily flow 
reduced to approximately 1,350, still significantly higher than 
former Secretary Johnson's crisis level of 1,000 illegal 
migrants per day.\18\
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    \15\CBP Oversight: Examining the Evolving Challenges Facing the 
Agency: Hearing before the S. Comm. on Homeland Sec. & Governmental 
Affairs 116th Cong. (June 25, 2020) (testimony of Mark A. Morgan), 
https://www.hsgac.senate.gov/imo/media/doc/Testimony-Morgan-2020-06-25-
REVISED.pdf.
    \16\Tim Hains, Obama DHS Secretary Jeh Johnson: ``We Are Truly In A 
Crisis'' On Southern Border, Real Clear Politics (Mar. 29, 2019), 
available at https://www.realclearpolitics.com/video/2019/03/29/obama-
dhs-secretary-jeh-johnson-we-are-truly-in-a-crisis-on-southern-
border.html; see also CBP Enforcement Statistics FY2020, available at 
https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics.
    \17\Tim Hains, Obama DHS Secretary Jeh Johnson: ``We Are Truly In A 
Crisis'' On Southern Border, Real Clear Politics (Mar. 29, 2019), 
available at https://www.realclearpolitics.com/video/2019/03/29/obama-
dhs-secretary-jeh-johnson-we-are-truly-in-a-crisis-on-southern-
border.html.
    \18\CBP Enforcement Statistics FY2020, available at https://
www.cbp.gov/newsroom/stats/cbp-enforcement-statistics.
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    Through this crisis, the Border Patrol has been 
significantly understaffed. In FY 2011, when southwest border 
apprehensions totaled just 327,577,\19\ Congress mandated that 
Border Patrol maintain a staffing level of at least 21,370 
agents through FY 2017.\20\ In 2017, President Trump issued an 
executive order calling for an additional 5,000 agents.\21\ As 
of November 2019, Border Patrol is significantly under both 
targets with just 19,661 agents.\22\
---------------------------------------------------------------------------
    \19\U.S. Customs and Border Protection, Southwest Border Sectors--
Total Illegal Alien Apprehensions by Fiscal Year (Mar. 2019), available 
at https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/
bp-southwest-border-sector-apps-fy1960-fy2018.pdf
    \20\Continuing Appropriations Act, 2017, Pub. L. No. 114-254, div. 
A, 130 Stat. 1005, 1005-22 (2016); see also Consolidated Appropriations 
Act, 2016, Pub. L. No. 114-113, div. F, tit. II, 129 Stat. 2242, 2495 
(2015).
    \21\Exec. Order. No. 13767, 82 Fed. Reg. 8793, 8795 (2017).
    \22\E-mail from U.S. Customs and Border Prot. to Comm. majority 
staff (Nov. 26, 2019) (on file with Committee staff).
---------------------------------------------------------------------------
    Part of Border Patrol's staffing problem is due to 
challenges CBP faces in hiring and retaining agents to serve in 
remote locations.\23\ To incentivize individuals to work in 
remote locations, CBP has sometimes used recruitment, 
relocation, and retention bonuses.\24\ Under current law, the 
Office of Personnel Management (OPM) can permit an agency to 
offer certain recruitment or relocation bonuses if a position 
``is likely to be difficult to fill in the absence of such a 
bonus.''\25\
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    \23\Improving Pay Flexibilities in the Federal Workforce: Hearing 
Before the S. Subcomm. on Regulatory Affairs and Fed. Mgmt. of the S. 
Comm. on Homeland Sec. & Governmental Affairs, 114th Cong. 114-139 
(2015) [hereinafter Senate Hearing] (statement of Linda Jacksta, 
Assistant Commissioner, Office of Human Resources Management, U.S. 
Customs and Border Protection) [hereinafter Improving Pay 
Flexibilities].
    \24\Id.
    \25\5 U.S.C. Sec.  5753(b)(1).
---------------------------------------------------------------------------
    These bonuses are significantly limited in how they can be 
used, however,\26\ and in practice, their utility in addressing 
Border Patrol's staffing shortfalls has been limited. Despite 
the use of these bonuses, CBP continues to have difficulty 
retaining employees in remote locations.\27\ In a 2015 hearing 
before the Committee's Subcommittee on Regulatory Affairs and 
Federal Management, Linda Jacksta, Assistant Commissioner in 
the CBP Office of Human Resources Management, testified that 
many CBP areas of responsibility are in remote locations.\28\ 
Ms. Jacksta explained:
---------------------------------------------------------------------------
    \26\5 U.S.C. Sec.  5753(d); see also 5 U.S.C. Sec.  5754(e)(1)(A), 
(B); 5 C.F.R. Sec.  575.305(d).
    \27\Improving Pay Flexibilities, supra note 23.
    \28\Id.

          CBP faces additional challenges in staffing hard-to-
        fill and remote locations. For the purposes of this 
        testimony, I have characterized hard-to-fill and remote 
        locations as being a significant distance from 
        amenities and services such as medical care, child care 
        and schools, and employment options for spouses. 
        Geographically remote locations are often accompanied 
        by challenging environmental factors, such as harsh 
        weather conditions. Difficulty in staffing these 
        locations may also be impacted by a lack of affordable 
        housing choices, consumer goods and services, and local 
        infrastructure. In addition, both hard-to-fill and 
        geographically remote locations are sometimes 
        associated with a higher cost of living. The challenges 
        CBP faces regarding hard-to-fill and remote locations 
        include a limited pool of qualified and suitable 
        candidates interested in working and residing in these 
        localities. This is compounded by funding and 
        regulatory limitations, which limit our efforts to 
        incentivize individuals to apply for, relocate to, or 
        remain at these locations.\29\
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    \29\Id.

For example, one regulatory limitation for retention bonuses 
prohibits CBP from giving such a bonus to an employee who is 
likely to transfer to another location within CBP since the 
employee is not leaving Federal service.\30\ The 25-percent cap 
may also not be meaningful enough to incentivize employees to 
work in its remote locations.\31\
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    \30\Id.
    \31\Id.
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    To further address staffing challenges in remote locations, 
CBP can seek to offer special salary rates.\32\ OPM can 
authorize agencies to offer an increased minimum salary rate 
for a category of employees ``whenever [OPM] finds that the 
Government's recruitment or retention efforts with respect to 
[one] or more occupations in [one] or more areas or locations 
are, or are likely to become, significantly handicapped due to 
[certain] circumstances.''\33\ However, according to CBP, the 
duration of the OPM approval process for special salary rates 
for polygraph examiners was over two years, and the process for 
CBP employees stationed in Pembina, North Dakota, took more 
than one year.\34\
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    \32\Id.
    \33\5 U.S.C. Sec.  5305(a)(1); see also 5 C.F.R. Sec.  530.304(a).
    \34\Telephone conversation between U.S. Customs and Border Prot. 
representative and Comm. majority staff (Sept. 25, 2017).
---------------------------------------------------------------------------
    According to CBP, another challenge in onboarding CBP 
employees in a timely manner is the polygraph examination 
process.\35\ In 2010, Congress passed the Anti-Border 
Corruption Act, which requires ``all job applicants for law 
enforcement positions at [CBP] to receive a polygraph 
examination and a background investigation before being offered 
employment.''\36\ According to Border Patrol Agent Jon 
Anfinsen, ``the Border Patrol is failing approximately two out 
of every three applicants, which is double the rate most law 
enforcement agencies see. There is clearly a problem with how 
we are administering the polygraph . . . . Ironically, many of 
these applicants later get hired by state, local, or other 
federal law enforcement agencies, sometimes passing another 
polygraph.''\37\ It is unclear what is causing the unusually 
high failure rate among CBP applicants. However, the DHS OIG 
has concluded that CBP has administered polygraph examination 
to unsuitable applicants before, which has a direct impact on 
the high failure rate of the polygraph program.\38\
---------------------------------------------------------------------------
    \35\Keeping Pace with Trade, Travel, and Security: How Does CBP 
Prioritize and Improve Staffing and Infrastructure: Hearing Before the 
Subcomm. on Border and Maritime Security of the H. Comm. on Homeland 
Sec., 114th Cong. (2016) (joint statement of Eugene Schied, Assistant 
Commissioner, Office of Admin., U.S. Customs and Border Protection, 
Linda Jacksta, Assistant Commissioner, Office of Human Resources Mgmt., 
U.S. Customs and Border Protection, and John Wagner, Deputy Assistant 
Commissioner, Office of Field Operations, U.S. Customs and Border 
Protection).
    \36\Anti-Border Corruption Act of 2010, Pub. L. No. 111-376, Sec.  
2, 123 Stat. 4104 (Jan. 4, 2011).
    \37\On the Line: Border Security From an Agent and Officer 
Perspective: Hearing Before the Subcomm. on Border and Maritime 
Security of the H. Comm. on Homeland Sec., 115th Cong. (2018) 
(statement of Jon Anfinsen, President of Local 2366, National Border 
Patrol Council.) See also Associated Press, Two out of three Border 
Patrol job applicants fail polygraph test, making hiring difficult, Los 
Angeles Times, Jan. 13, 2017, available at http://www.latimes.com/
local/lanow/la-me-border-patrol-lies-20170113-story.html; Tim Steller, 
New polygraph exam could be Border Patrol solution, Arizona DAILY STAR, 
Apr. 15, 2017, available at http://tucson.com/news/local/columnists/
steller/steller-new-polygraph-exam-could-be-border-patrol-solution/
article_51a239cc-0ba2-5552-acbc-226aa51de346.html.
    \38\Dep't of Homeland Sec., Off. of Inspector Gen., Management 
Alert--CBP Spends Millions Conducting Polygraph Examinations on 
Unsuitable Applicants (August 2017), available at https://
www.oig.dhs.gov/sites/default/files/assets/2017/OIG-17-99-MA-
080417_0.pdf.
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    While failing a polygraph examination as a CBP applicant 
does not prohibit an individual from applying for a position at 
different Federal law enforcement agencies, these agencies can 
learn of the polygraph examination results by requesting the 
status of the individual's application process with CBP.\39\
---------------------------------------------------------------------------
    \39\U.S. Customs and Border Protection, Polygraph Exam FAQS, 
available at https://www.cbp.gov/careers/car/poly.
---------------------------------------------------------------------------
    S. 2162 would help Border Patrol address personnel 
challenges, better preparing them to handle migrant crises at 
the U.S. southwest border by requiring CBP to hire at least 600 
Border Patrol agents each fiscal year until the agency 
maintains 26,370 agents, as well as authorizing CBP to hire 
support staff and processing coordinators to assist Border 
Patrol agents.
    The legislation would also help Border Patrol agents 
respond to the humanitarian challenges that result from 
increased migration flows by making available first responder 
and paramedic training for agents at no cost. Agents are 
confronted with unique challenges every day, including complex 
and non-apparent medical conditions in migrants that could be 
addressed and triaged, in part, with additional EMT- and 
paramedic-certified agents with the proper medical supplies. In 
addition, agents must be prepared to render aid amidst 
challenging and remote terrain where medical emergencies can 
emerge with little warning and often occur far from other 
medical facilities or first responders. Such training may serve 
as a needed stopgap to prevent loss of life in the field and 
among those in custody. Finally, as law enforcement officers, 
Border Patrol agents are acutely aware of the medical 
emergencies that can occur while confronting criminal suspects. 
Adequate medical training will enhance to both agent and 
suspect safety. Through a GAO review, these training provision 
are also structured as an experiment to determine the efficacy 
of the incentive structures, whether the current absence of 
cost or potential pay differentials to be considered by this 
Committee, to achieve the goal of having 10 percent of all 
agents with EMT or paramedic certifications.
    Finally, the bill may improve CBP's ability to hire and 
retain Border Patrol agents and CBP officers in rural and 
remote locations by authorizing CBP to use direct hire 
authority, special pay authority, and recruitment, relocation, 
and retention incentives for critical staff in such locations 
without having to seek approval from OPM and with higher caps 
on pay incentives than what is authorized by OPM. Additionally, 
the bill creates a CBP Hiring and Retention Innovation Council 
to utilize private sector initiatives and strategies to improve 
CBP hiring and retention and develop pilot programs to test out 
ideas.

                        III. Legislative History

    Chairman Ron Johnson (R-WI) introduced S. 2162, the 
Securing America's Borders Act, on July 18, 2019. The bill was 
referred to the Committee on Homeland Security and Governmental 
Affairs.
    The Committee considered S. 2162 at a business meeting on 
November 6, 2019. During the business meeting, Chairman Johnson 
and Ranking Member Peters offered a substitute amendment, which 
allows CBP to hire processing coordinators and to provide first 
responder and paramedic training to agents. The substitute 
amendment also authorizes CBP to use direct hire authority, 
special pay authority, and recruitment, relocation, and 
retention incentives to hire and retain staff in rural or 
remote locations. The substitute amendment was adopted by 
unanimous consent, and the bill, as amended, was ordered 
reported favorably by voice vote en bloc with Senators Johnson, 
Portman, Paul, Lankford, Romney, Scott, Enzi, Hawley, Peters, 
Carper, Hassan, Sinema, and Rosen present. Senator Rosen was 
recorded as voting ``No'' for the record.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    Subsection (a) establishes the short title of the bill as 
the ``Securing America's Borders Act of 2019'' and subsection 
(b) includes a table of contents for the bill.

Section 2. Hiring additional U.S. Customs and Border Protection 
        personnel

    This section requires the Border Patrol to hire additional 
agents and support staff.
    Subsection (a) requires CBP to hire, train, and assign not 
fewer than 600 new Border Patrol agents above the current 
attrition level every fiscal year until the total number of 
agents equals 26,370 full-time equivalent agents.
    Subsection (b) authorizes the Commissioner to hire, train, 
and assign support staff to perform non-law enforcement 
administrative functions to support the new Border Patrol 
agents.
    Subsection (c) requires the Commissioner to submit a report 
to Congress every 90 days on the status of the total number of 
Border Patrol agents in the workforce; the total number of 
Border Patrol support staff including Border Patrol processing 
coordinators in the workforce; the number of Border Patrol 
agents and support staff hired or lost to attrition during the 
reporting period, broken down by duty location; any hiring 
authorities, incentive pay, or other special pay incentives 
utilized during the reporting period; and an analysis of the 
overall effectiveness of those hiring authorities, incentive 
pay, or other special pay incentives used.

Section 3. Border Patrol processing coordinators

    This section authorizes Border Patrol to hire processing 
coordinators to assist Border Patrol agents with non-law 
enforcement responsibilities.
    Subsection (a) authorizes and defines the duties of Border 
Patrol processing coordinators who will be stationed at Border 
Patrol facilities to assist agents with intake and processing 
apprehended persons and to perform necessary technical and 
clerical tasks, will be classified as non-law enforcement 
personnel, and will not be authorized to execute arrests or 
carry firearms.
    Subsection (b) authorizes the Commissioner, in coordination 
the Chief of the Border Patrol and in consultation with the 
Director of the Federal Law Enforcement Training Centers, to 
develop training for Border Patrol processing coordinators.
    Subsection (c) requires quarterly reporting to Congress for 
the next two years on the number of Border Patrol agents who 
returned to field operations in each sector as a result of 
increased hiring of Border Patrol processing coordinators.

Section 4. Medical training for Border Patrol agents

    This section requires CBP to provide emergency medical 
technician (EMT) and paramedic training to Border Patrol 
agents.
    Subsection (a) authorizes EMT and paramedic training for 
Border Patrol agents, at no cost to agents, which includes 
emergency pediatric care and training identifying and treating 
person in medical distress. Agents will be credited with work 
time for any such medical training and will be provided lodging 
and per diem if such training is not within commuting distance 
of the agent's residence or worksite. Any agent who completes a 
certification preparation program for EMT or paramedic training 
must either fulfill a service commitment--one-year for EMT and 
three-years for paramedic--or reimburse CBP the cost of 
providing such training multiplied by the percentage of the 
service required that the agent failed to complete. Prior to 
commencing EMT or paramedic training, an agent must select to 
satisfy any debt of obligated overtime hours by either 
completing the debt of overtime work or taking a reduction in 
pay commensurate to what the agent would have received for the 
performance of the overtime hours. This subsection also directs 
CBP to undertake an agency-wide effort to encourage, promote, 
and ensure EMT- or paramedic-certified agents are stationed at 
each Border Patrol sector and remote stations along the 
southern border. CBP must also undertake an effort to ensure 
that 10 percent of all agents have EMT certifications and 
comprise not fewer than 10 percent of all agents as assigned to 
each Border Patrol sector, prioritizing remote stations and 
forward operating bases.
    The subsection also requires CBP to develop, in 
consultation with national medical care organizations, and 
provide minimum medical supplies to each Border Patrol agent 
with an EMT or paramedic certification and to each Border 
Patrol sector for use while on patrol. It also requires GAO to 
review the Border Patrol's efforts to reach the 10 percent goal 
of Border Patrol agents with EMT or paramedic certifications 
and to recommend whether CBP effectively and vigorously 
promoted such training, whether additional incentive 
modifications are needed to achieve or maintain the goal, 
whether the goal is properly scoped, and whether a benchmark 
should be established for agents with paramedic certifications.
    Subsection (b) authorizes appropriations to carry out 
subsection (a).

Section 5. Workforce staffing model

    This section mandates certain data collection requirements 
and reporting requirements regarding the Border Patrol 
comprehensive staffing analysis and workforce staffing model.
    Subsection (a) requires Border Patrol to develop standard 
operating procedures for the Border Patrol Enforcement Tracking 
System (BPETS), train agents on the use, capabilities, and 
purposes of BPETS, and implement and monitor internal controls 
for BPETS to ensure timely and accurate scheduling and 
reporting on agents' actual and completed work hours and 
activities.
    Subsection (b) requires CBP to amend the comprehensive 
staffing analysis within 60 days of enactment of this bill 
based on any changes to workload demands since enactment and, 
within 90 days, to submit a report to GAO that includes the 
results of such an amended comprehensive staffing analysis.
    Subsection (c) requires DHS, within 180 days of enactment 
of this bill, to submit a report to Congress describing how CBP 
has used the comprehensive staffing analysis in its development 
of a workforce staffing model and the process used by Border 
Patrol to create the model.
    Subsection (d) requires CBP to update the comprehensive 
staffing analysis when required to better meet the needs of the 
Border Patrol and to include an assessment of force multiplier 
technologies in the analysis. This updated analysis must be 
submitted to Congress and GAO. GAO must submit a report to 
Congress to validate each update within 90 days of receiving 
them.
    Subsection (e) requires CBP to conduct an assessment of the 
impact of force multiplier technologies on Border Patrol 
effectiveness and to consider this assessment when estimating 
projected staffing needs under the workforce staffing model.

Section 6. Promoting flexibility in employment authorities for rural or 
        remote areas

    This section provides DHS with hiring and pay authorities 
to recruit and maintain CBP staff in rural or remote locations 
experiencing hiring and retention challenges due to the nature 
of the locations. For these locations, DHS would be able to 
directly hire CBP applicants in order to expedite the 
onboarding process and offer a special salary rate for 
employment. DHS would also be authorized to issue recruitment, 
relocation, and retention bonuses to CBP applicants and 
employees serving in these rural or remote locations. CBP is 
required under this section to report to Congress and to OPM on 
the effectiveness of these authorities on hiring and retention 
in rural or remote locations. The DHS OIG is also required to 
review the use of the hiring and pay authorities provided in 
this section.
    This section also requires DHS to implement a hiring 
strategy and educational outreach program to inform CBP human 
resources officials of the available hiring authorities, 
incentives, and other tools to improve hiring and retention in 
rural or remote locations. Finally, this section will require 
CBP to report on the number of requests from other Federal 
agencies for the polygraph examination results of CBP 
applicants.

Section 7. CBP Hiring and Retention Innovation Council

    This section creates a CBP Hiring and Retention Innovation 
Council (``Council'') to develop strategies and initiatives to 
improve CBP hiring and retention. Subsection (a) requires DHS 
and the Chief Human Council Officer of DHS to create the 
Council.
    Subsection (b) requires the following individuals or 
officials to be included in the Council: DHS Secretary; CBP 
Commissioner; CBP Assistant Commissioner of the Office of Human 
Resources Management, Enterprise Services; CBP Assistant 
Commissioner of the Office of Finance, Enterprise Services; 
appropriate bargaining unit representatives of CBP employees; 
and other individuals selected by the DHS Secretary with 
knowledge or expertise to help the Council fulfill its 
objective, including private sector or Federal agency human 
resource experts. The Council must also include at least one 
agency official from each of the following: each Border Patrol 
sector; Office of Field Operations on the northern border; 
Office of Field Operations on the southwest border; Office of 
Field Operations at an interior port of entry; Air and Marine 
Operations along land borders; Air and Marine Operations along 
marine borders; and any CBP office with experience along 
southeastern region maritime borders.
    Subsection (c) requires the Council to submit a report to 
Congress within 2 years that analyzes whether establishing a 
new pay and employee classification system for Border Patrol 
workforce would improve hiring and retention. This analysis 
should consider challenges presented by the current pay 
structure, staffing scheduled, staffing levels, geographic and 
socioeconomic factors of Border Patrol duty locations, and 
other barriers to recruitment and entry to the Border Patrol 
workforce.
    Subsection (d) requires the Council to develop improved 
strategies for CBP hiring and retention capabilities. To 
develop these strategies, the Council must carry out pilot 
programs targeting ports of entry and Border Patrol duty 
locations experiencing severe workforce shortages, critical 
hiring needs, or retention challenges. The first pilot program 
must begin no later than 180 days after the formation of the 
Council, and at least one pilot program shall be initiated each 
fiscal year. When developing the pilot programs, the Council 
must consider the effectiveness or alternative or 
nontraditional work schedules, employer-provided 
transportation, existing pay authorities, workforce morale, 
additional workforce training, and consumer demand at each port 
of entry. The Council is authorized to carry out the pilot 
program in the same manner as a personnel demonstration project 
under OPM. The Council is required to report to Congress on the 
effectiveness of the pilot programs and how they can improve 
hiring and retention at CBP.
    Subsection (e) terminates the Council five years after the 
date of enactment of this bill.

Section 8. Authorization of appropriations

    This sections authorizes to be appropriated such sums as 
may be necessary to carry out this legislation.

                   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

    CBO failed to provide the Committee with a cost estimate in 
time for the final reporting deadline of the 116th Congress.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES; AND APPENDIX

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


Subpart I--Miscellaneous

           *       *       *       *       *       *       *


CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


Sec.
9701. Establishment of Human Resources Management System.
9702. U.S. Customs and Border Protection employment authorities.
     * * * * * * *

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 personnel 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 ff 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.

           *       *       *       *       *       *       *


TITLE VI--DOMESTIC SECURITY

           *       *       *       *       *       *       *


CHAPTER 1--HOMELAND SECURITY ORGANIZATION

           *       *       *       *       *       *       *



Subchapter IV--Border, Maritime, and Transportation Security

           *       *       *       *       *       *       *



PART B--U.S. CUSTOMS AND BORDER PROTECTION

           *       *       *       *       *       *       *



SEC. 211. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION; 
                    COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL 
                    OFFICES.

    (a) * * *

           *       *       *       *       *       *       *

    (e) * * *
          (1) * * *

           *       *       *       *       *       *       *

          (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)).

           *       *       *       *       *       *       *

    (l) Training.--[The Commissioner]
          (1) Continuing education.--The Commissioner shall 
        require all officers and agents of U.S. Customs and 
        Border Protection to participate in a specified amount 
        of continuing education (to be determined by the 
        Commissioner) to maintain an understanding of Federal 
        legal rulings, court decisions, and departmental 
        policies, procedures, and guidelines.
          (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 6months 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.

           *       *       *       *       *       *       *


Border Patrol Agent Pay Reform Act of 2014

           *       *       *       *       *       *       *


SEC. 2. BORDER PATROL RATE OF PAY.

    (a) * * *

           *       *       *       *       *       *       *

    (e) * * *
          (1) * * *

           *       *       *       *       *       *       *

          (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).

           *       *       *       *       *       *       *


                                  [all]