II 

Calendar No. 615 

116TH CONGRESS 

2D SESSION S. 2162 

[Report No. 116–312] 

To require the Commissioner of U.S. Customs and Border Protection to 

annually hire at least 600 new Border Patrol agents, to report quarterly 

to Congress on the status of the Border Patrol workforce, and to conduct 

a comprehensive staffing analysis. 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2019 

Mr. JOHNSON introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

DECEMBER 14, 2020 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Commissioner of U.S. Customs and Border 

Protection to annually hire at least 600 new Border 

Patrol agents, to report quarterly to Congress on the 

status of the Border Patrol workforce, and to conduct 

a comprehensive staffing analysis. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing America’s 

3 Borders Act of 2019’’. 

4 SEC. 2. ADDITIONAL BORDER PATROL PERSONNEL. 

5 (a) AGENTS.—The Commissioner of U.S. Customs 

6 and Border Protection shall hire, train, and assign not 

7 fewer than 600 new Border Patrol agents, compared to 

8 the current attrition level, during every fiscal year until 

9 the total number of Border Patrol agents equals and sus10 tains the requirements identified in Executive Order 

11 13767 (82 Fed. Reg. 8793). 

12 (b) SUPPORT STAFF.—The Commissioner is author13 ized to hire, train, and assign support staff to perform 

14 non-law enforcement administrative functions to support 

15 the new Border Patrol agents hired pursuant to subsection 

16 (a). 

17 (c) REPORTS TO CONGRESS.—Not later that 90 days 

18 after the date of the enactment of this Act, and every 90 

19 days thereafter, the Commissioner shall submit a report 

20 to the Committee on Homeland Security and Govern21 mental Affairs of the Senate and the Committee on Home22 land Security of the House of Representatives that de23 scribes the status of the Border Patrol workforce, includ24 ing— 

25 (1) the total number of Border Patrol agents; 


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1 (2) the total number of Border Patrol support 

2 staff; 

3 (3) the number of Border Patrol agents and 

4 support staff hired during the reporting period; 

5 (4) the number of Border Patrol agents and 

6 support staff lost to attrition, broken down by port 

7 of entry; and 

8 (5) any hiring authorities, incentive pay, or 

9 other special pay incentives utilized during the re10 porting period. 

11 SEC. 3. COMPREHENSIVE STAFFING ANALYSIS. 

12 The Commissioner of U.S. Customs and Border Pro13 tection shall— 

14 (1) not later than 60 days after the date of the 

15 enactment of this Act, amend the comprehensive 

16 staffing analysis required under section 2(e) of the 

17 Border Patrol Agent Pay Reform Act of 2014 (Pub18 lic Law 113–277) based on any changes to workload 

19 demands since the date of the enactment of such 

20 Act; and 

21 (2) not later than 90 days after the date of the 

22 enactment of this Act, submit a report to the Comp23 troller General of the United States that includes 

24 the results of a comprehensive staffing analysis, as 

25 required under section 2(e) of the Border Patrol 


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1 Agent Pay Reform Act of 2014 (Public Law 113– 

2 277). 

3 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated, for each of 

5 the fiscal years 2020 through 2026, such sums as may 

6 be necessary to carry out this Act. 

7 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

8 (a) SHORT TITLE.—This Act may be cited as the ‘‘Se9 curing America’s Borders Act of 2019’’. 

10 (b) TABLE OF CONTENTS.—The table of contents for 

11 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

Sec. 3. Border Patrol processing coordinators. 

Sec. 4. Medical training for border patrol agents. 

Sec. 5. Workforce staffing model. 

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

Sec. 7. CBP Hiring and Retention Innovation Council. 

Sec. 8. Authorization of appropriations. 

12 SEC. 2. HIRING ADDITIONAL U.S. CUSTOMS AND BORDER 

13 PROTECTION PERSONNEL. 

14 (a) AGENTS.—The Commissioner of U.S. Customs and 

15 Border Protection shall hire, train, and assign not fewer 

16 than 600 new Border Patrol agents above the current attri17 tion level during every fiscal year until the total number 

18 of Border Patrol agents equals 26,370 full-time equivalent 

19 agents. 

20 (b) SUPPORT STAFF.—The Commissioner is author21 ized to hire, train, and assign support staff to perform nonVerDate Sep 11 2014 00:09 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S2162.RS S2162

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1 law enforcement administrative functions to support the 

2 new Border Patrol agents hired pursuant to subsection (a). 

3 (c) REPORTS TO CONGRESS.—Not later than 90 days 

4 after the date of the enactment of this Act, and every 90 

5 days thereafter, the Commissioner shall submit a report to 

6 the Committee on Homeland Security and Governmental 

7 Affairs of the Senate and the Committee on Homeland Se8 curity of the House of Representatives that describes the sta9 tus of the Border Patrol workforce, including— 

10 (1) the total number of Border Patrol agents; 

11 (2) the total number of Border Patrol support 

12 staff, including Border Patrol processing coordina13 tors; 

14 (3) the number of Border Patrol agents and sup15 port staff hired during the reporting period, broken 

16 down by Border Patrol duty location; 

17 (4) the number of Border Patrol agents and sup18 port staff lost to attrition, broken down by Border Pa19 trol duty location; 

20 (5) any hiring authorities, incentive pay, or 

21 other special pay incentives utilized during the re22 porting period; and 

23 (6) an analysis of the overall effectiveness of the 

24 hiring authorities, incentive pay, and other special 

25 pay incentives utilized during the reporting period. 


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1 SEC. 3. BORDER PATROL PROCESSING COORDINATORS. 

2 (a) IN GENERAL.—Section 411(e) of the Homeland Se3 curity Act of 2002 (6 U.S.C. 211(e)) is amended by adding 

4 at the end the following: 

5 ‘‘(4) BORDER PATROL PROCESSING COORDINA6 TORS.— 

7 ‘‘(A) AUTHORIZATION.—The Chief of the 

8 U.S. Border Patrol is authorized to hire Border 

9 Patrol processing coordinators, who shall be sta10 tioned at Border Patrol facilities. 

11 ‘‘(B) DUTIES.—Border Patrol processing 

12 coordinators— 

13 ‘‘(i) shall assist Border Patrol agents 

14 to efficiently and expeditiously intake and 

15 process apprehended persons; 

16 ‘‘(ii) shall perform necessary technical 

17 and clerical tasks related to the duties set 

18 forth in paragraph (3); 

19 ‘‘(iii) shall be classified as non-law en20 forcement personnel; and 

21 ‘‘(iv) may not be authorized or des22 ignated to exercise powers conferred under 

23 section 287(a) of the Immigration and Na24 tionality Act (8 U.S.C. 1357(a)).’’. 

25 (b) TRAINING.—The Commissioner of U.S. Customs 

26 and Border Protection, in coordination with the Chief of 


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1 U.S. Border Patrol and in consultation with the Director 

2 of the Federal Law Enforcement Training Centers, shall de3 velop tailored training for Border Patrol processing coordi4 nators hired pursuant to section 411(e)(4) of the Homeland 

5 Security Act of 2002, as added by subsection (a). 

6 (c) REPORTS TO CONGRESS.—Not later than 90 days 

7 after the date of the enactment of this Act, and quarterly 

8 for the following 2 years, the Secretary of Homeland Secu9 rity shall submit a report to the Committee on Homeland 

10 Security and Governmental Affairs of the Senate and the 

11 Committee on Homeland Security of the House of Rep12 resentatives regarding each U.S. Border Patrol sector that 

13 includes information regarding the number of U.S. Border 

14 Patrol agents who returned to field operations as a result 

15 of increased hiring of U.S. Border Patrol processing coordi16 nators. 

17 SEC. 4. MEDICAL TRAINING FOR BORDER PATROL AGENTS. 

18 (a) IN GENERAL.—Section 411(l) of the Homeland Se19 curity Act of 2002 (6 U.S.C. 211(l)) is amended— 

20 (1) by striking ‘‘The Commissioner’’ and insert21 ing the following: 

22 ‘‘(1) CONTINUING EDUCATION.—The Commis23 sioner’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(2) MEDICAL TRAINING FOR BORDER PATROL

2 AGENTS.— 

3 ‘‘(A) IN GENERAL.— 

4 ‘‘(i) AVAILABILITY.—Beginning not 

5 later than 6 months after the date of the en6 actment of this paragraph, the Commis7 sioner, in his or her sole and exclusive dis8 cretion, shall make available in each U.S. 

9 Border Patrol sector, at no cost to U.S. Bor10 der Patrol agents selected for such training, 

11 emergency medical technician (referred to 

12 in this paragraph as ‘EMT’) and para13 medic training, including pediatric medical 

14 training, which shall utilize nationally rec15 ognized pediatric training curricula that 

16 includes emergency pediatric care, and 

17 training identifying and treating individ18 uals experiencing medical distress. 

19 ‘‘(ii) USE OF OFFICIAL DUTY TIME.— 

20 A U.S. Border Patrol agent shall be credited 

21 with work time for any EMT or paramedic 

22 training provided to such agent under 

23 clause (i) in order to achieve or maintain 

24 an EMT or paramedic certification. 


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1 ‘‘(iii) LODGING AND PER DIEM.—Lodg2 ing and per diem shall be made available to 

3 U.S. Border Patrol agents attending train4 ing described in clause (ii) if such training 

5 is not available at a location within com6 muting distance of the agent’s residence or 

7 worksite. 

8 ‘‘(iv) SERVICE COMMITMENT.—Any 

9 U.S. Border Patrol agent who completes a 

10 certification preparation program pursuant 

11 to clause (i) shall— 

12 ‘‘(I) complete 1 year of service as 

13 a U.S. Border Patrol agent following 

14 the completion of EMT training; 

15 ‘‘(II) complete 3 years of service 

16 as a U.S. Border Patrol agent fol17 lowing the completion of paramedic 

18 training; or 

19 ‘‘(III) reimburse U.S. Customs 

20 and Border Protection in an amount 

21 equal to the product of— 

22 ‘‘(aa) the cost of providing 

23 such training to such agent; mul24 tiplied by 


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1 ‘‘(bb) the percentage of the 

2 service required under subclauses 

3 (I) and (II) that the agent failed 

4 to complete. 

5 ‘‘(v) OBLIGATED OVERTIME.—For any 

6 debt of obligated overtime hours that the 

7 agent may have incurred, pursuant to sec8 tion 5550(b) of title 5, United States Code, 

9 in order to achieve or maintain an EMT or 

10 paramedic certification, the agent shall se11 lect, not later than 1 pay period before the 

12 commencement of the EMT or paramedic 

13 training 

14 ‘‘(I) to satisfy the debt of obligated 

15 overtime hours; or 

16 ‘‘(II) to receive a reduction of pay 

17 commensurate to what the agent would 

18 have received for performance of the 

19 overtime hours. 

20 ‘‘(B) AVAILABILITY OF MEDICALLY TRAINED

21 BORDER PATROL AGENTS.—Not later than 6 

22 months after the date of the enactment of this 

23 paragraph, the Commissioner of U.S. Customs 

24 and Border Protection shall undertake an agen25 cy-wide effort— 


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1 ‘‘(i) to encourage, promote, and ensure, 

2 to the greatest extent possible, that— 

3 ‘‘(I) U.S. Border Patrol agents 

4 with current EMT or paramedic cer5 tifications are stationed at each U.S. 

6 Border Patrol sector and remote sta7 tion along the southern border of the 

8 United States to the greatest extent 

9 possible; and 

10 ‘‘(II) 10 percent of all Border Pa11 trol agents have EMT certifications 

12 and comprise not fewer than 10 per13 cent of all Border Patrol agents as14 signed to each U.S. Border Patrol sec15 tor; and 

16 ‘‘(ii) in determining the assigned posts 

17 of Border Patrol agents who have received 

18 training under subparagraph (A)(i), to give 

19 priority to remote stations and forward op20 erating bases. 

21 ‘‘(C) MEDICAL SUPPLIES.— 

22 ‘‘(i) IN GENERAL.—The Commissioner 

23 of U.S. Customs and Border Protection 

24 shall provide minimum medical supplies to 

25 each Border Patrol agent with an EMT or 


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1 paramedic certification and to each U.S. 

2 Border Patrol sector, including all remote 

3 stations and forward operating bases, for 

4 use while on patrol. Such supplies shall in5 clude— 

6 ‘‘(I) supplies designed for chil7 dren; 

8 ‘‘(II) first aid kits; and 

9 ‘‘(III) oral hydration, such as 

10 water. 

11 ‘‘(ii) CONSULTATION.—In developing 

12 the minimum list of medical supplies re13 quired under clause (i), the Commissioner 

14 shall consult national organizations with 

15 expertise in emergency medical care, includ16 ing emergency medical care of children, at 

17 no cost to the Government. 

18 ‘‘(D) GAO REPORT.—Not later than 3 years 

19 after the date of the enactment of this paragraph, 

20 the Comptroller General of the United States 

21 shall— 

22 ‘‘(i) review the success of the U.S. Cus23 toms and Border Protection’s efforts to 

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1 der Patrol agents having EMT or para2 medic certifications; and 

3 ‘‘(ii) provide a recommendation to 

4 Congress as to whether— 

5 ‘‘(I) the Commissioner of U.S. 

6 Customs and Border Protection has ef7 fectively and vigorously undertaken an 

8 agency-wide effort to encourage and 

9 promote the mandate for medical 

10 training for Border Patrol agents 

11 under subparagraph (B); 

12 ‘‘(II) additional incentive modi13 fications are needed to achieve or 

14 maintain the 10 percent goal, includ15 ing pay differentials; 

16 ‘‘(III) the 10 percent goal is prop17 erly scoped to materially contribute to 

18 the preservation of life and the effec19 tiveness and efficiency of U.S. Border 

20 Patrol operations, including whether 

21 the number is too high or too low; and 

22 ‘‘(IV) the addition of a distinct 

23 benchmark for Border Patrol agents 

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1 tion of life and the effectiveness and ef2 ficiency of U.S. Border Patrol oper3 ations, and, if so, what a proper bench4 mark would be.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

6 authorized to be appropriated such sums as may be nec7 essary to carry out section 411(l)(2) of the Homeland Secu8 rity Act of 2002, as added by subsection (a). 

9 SEC. 5. WORKFORCE STAFFING MODEL. 

10 (a) IMPROVING DATA QUALITY.—In order to improve 

11 the quality of data needed to develop a workforce staffing 

12 model, the Chief of U.S. Border Patrol shall— 

13 (1) develop standard operating procedures for the 

14 Border Patrol Enforcement Tracking System (referred 

15 to in this subsection as ‘‘BPETS’’); 

16 (2) train agents on the use, capabilities, and 

17 purposes of BPETS; and 

18 (3) implement and monitor internal controls for 

19 BPETS to ensure timely and accurate scheduling and 

20 reporting on agents’ actual and completed work hours 

21 and activities. 

22 (b) COMPREHENSIVE STAFFING ANALYSIS FOR DEVEL23 OPING A WORKFORCE STAFFING MODEL.—The Commis24 sioner of U.S. Customs and Border Protection shall— 


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1 (1) not later than 60 days after the date of the 

2 enactment of this Act, amend the comprehensive staff3 ing analysis required under section 2(e) of the Border 

4 Patrol Agent Pay Reform Act of 2014 (Pubic Law 

5 113–277) based on any changes to workload demands 

6 since the date of the enactment of such Act; and 

7 (2) not later than 90 days after the date of the 

8 enactment of this Act, submit a report to the Comp9 troller General of the United States that includes the 

10 results of such amended comprehensive staffing anal11 ysis. 

12 (c) REPORT TO CONGRESS.—Not later than 180 days 

13 after the date of the enactment of this Act, the Secretary 

14 of Homeland Security shall submit a report to the Com15 mittee on Homeland Security and Governmental Affairs of 

16 the Senate and the Committee on Homeland Security of the 

17 House of Representatives that describes— 

18 (1) how U.S. Customs and Border Protection has 

19 used the comprehensive staffing analysis in its devel20 opment of a workforce staffing model; and 

21 (2) the process used by U.S. Border Patrol to 

22 create such model, including— 

23 (A) the steps and associated timelines taken 

24 to create the model; 


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1 (B) the resources assigned to develop the 

2 model; and 

3 (C) the data sources and methodology used 

4 to generate the model. 

5 (d) COMPREHENSIVE STAFFING ANALYSIS FOR DEVEL6 OPING A WORKFORCE STAFFING MODEL.—Section 2(e) of 

7 the Border Patrol Agent Pay Reform Act of 2014 (Public 

8 Law 113–277) is amended by adding at the end the fol9 lowing: 

10 ‘‘(3) UPDATES.— 

11 ‘‘(A) IN GENERAL.—The Commissioner of 

12 U.S. Customs and Border Protection shall— 

13 ‘‘(i) update the comprehensive staffing 

14 analysis required under paragraph (1) 

15 whenever the Commissioner determines that 

16 an update is required to better meet the 

17 needs of U.S. Border Patrol; and 

18 ‘‘(ii) include, as part of the updated 

19 comprehensive staffing analysis, an update 

20 to the assessment of force multiplier tech21 nologies required under section 5(e) of the 

22 Securing America’s Borders Act of 2019. 

23 ‘‘(B) SUBMISSION OF UPDATED ANALYSIS.— 

24 The Commissioner shall submit each update to 

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1 priate committees of Congress and to the Comp2 troller General of the United States. 

3 ‘‘(C) INDEPENDENT VALIDATOR.—Not later 

4 than 90 days after receiving each update under 

5 subparagraph (B), the Comptroller General shall 

6 submit a report to the appropriate committees of 

7 Congress that contains the information required 

8 in the report required under paragraph (2).’’. 

9 (e) ASSESSMENT OF FORCE MULTIPLIER TECH10 NOLOGIES.—Not later than 180 days after the date of the 

11 enactment of this Act, the Commissioner of U.S. Customs 

12 and Border Protection shall— 

13 (1) conduct an assessment of the impact on Bor14 der Patrol effectiveness of force multiplier tech15 nologies, including— 

16 (A) air and marine assets; 

17 (B) surveillance equipment; and 

18 (C) fixed and mobile surveillance tech19 nologies; and 

20 (2) consider the assessment conducted under 

21 paragraph (1) when estimating projected staffing 

22 needs under the workforce staffing model referred to 

23 in subsection (c)(1). 


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1 SEC. 6. PROMOTING FLEXIBILITY IN EMPLOYMENT AU2 THORITIES FOR RURAL OR REMOTE AREAS. 

3 (a) IN GENERAL.—Chapter 97 of title 5, United States 

4 Code, is amended by adding at the end the following: 

5 ‘‘§ 9702. U.S. Customs and Border Protection employ6 ment authorities 

7 ‘‘(a) DEFINITIONS.—In this section— 

8 ‘‘(1) the term ‘CBP employee’ means an em9 ployee of U.S. Customs and Border Protection; 

10 ‘‘(2) the term ‘Commissioner’ means the Com11 missioner of U.S. Customs and Border Protection; 

12 ‘‘(3) the term ‘Director’ means the Director of the 

13 Office of Personnel Management; 

14 ‘‘(4) the term ‘rural or remote area’ means an 

15 area within the United States that is not within an 

16 area defined and designated as an urbanized area by 

17 the Bureau of the Census in the most recently com18 pleted decennial census; and 

19 ‘‘(5) the term ‘Secretary’ means the Secretary of 

20 Homeland Security. 

21 ‘‘(b) DEMONSTRATION OF RECRUITMENT AND RETEN22 TION DIFFICULTIES IN RURAL OR REMOTE AREAS.— 

23 ‘‘(1) IN GENERAL.—For purposes of subsections 

24 (c) and (d), the Secretary shall determine, for each 

25 rural or remote area, whether there is— 

26 ‘‘(A) a critical hiring need in the area; and 


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1 ‘‘(B) a direct relationship between— 

2 ‘‘(i) the rural or remote nature of the 

3 area; and 

4 ‘‘(ii) difficulty in the recruitment and 

5 retention of CBP employees in the area. 

6 ‘‘(2) FACTORS.—In determining whether there is 

7 a direct relationship described in paragraph (1)(B), 

8 the Secretary may consider evidence— 

9 ‘‘(A) that the Secretary— 

10 ‘‘(i) is unable to efficiently and effec11 tively recruit individuals for positions as 

12 CBP employees, which may be demonstrated 

13 with various types of evidence, including— 

14 ‘‘(I) evidence that multiple posi15 tions have been continuously vacant for 

16 significantly longer than the national 

17 average period for which similar posi18 tions in U.S. Customs and Border Pro19 tection are vacant; and 

20 ‘‘(II) recruitment studies that 

21 demonstrate the inability of the Sec22 retary to efficiently and effectively re23 cruit CBP employees for positions in 

24 the area; or 


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1 ‘‘(ii) experiences a consistent inability 

2 to retain CBP employees that negatively 

3 impacts agency operations at a local or re4 gional level; or 

5 ‘‘(B) of any other inability, directly related 

6 to recruitment or retention difficulties, that the 

7 Secretary determines to be sufficient. 

8 ‘‘(c) DIRECT HIRE AUTHORITY; RECRUITMENT AND

9 RELOCATION BONUSES; RETENTION BONUSES.— 

10 ‘‘(1) DIRECT HIRE AUTHORITY.— 

11 ‘‘(A) IN GENERAL.—The Secretary may ap12 point, without regard to the requirements under 

13 sections 3309 through 3319, candidates to posi14 tions in the competitive service as CBP employ15 ees, in a rural or remote area, if the Secretary— 

16 ‘‘(i) determines that— 

17 ‘‘(I) there is a critical hiring 

18 need; and 

19 ‘‘(II) there exists a severe shortage 

20 of qualified candidates because of the 

21 direct relationship identified by the 

22 Secretary under subsection (b)(1)(B); 

23 and 

24 ‘‘(ii) has given public notice for such 

25 positions. 


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1 ‘‘(B) PRIORITIZATION OF HIRING VET2 ERANS.—If the Secretary uses the direct hiring 

3 authority under subparagraph (A), the Secretary 

4 shall apply the principles of preference for the 

5 hiring of veterans established under subchapter I 

6 of chapter 33. 

7 ‘‘(2) RECRUITMENT AND RELOCATION BO8 NUSES.—The Secretary may pay a bonus to an indi9 vidual (other than an individual described in section 

10 5753(a)(2)) if— 

11 ‘‘(A) the Secretary determines that— 

12 ‘‘(i) conditions consistent with those 

13 described in paragraphs (1) and (2) of sec14 tion 5753(b) are satisfied with respect to the 

15 individual (without regard to any other 

16 provision of that section); and 

17 ‘‘(ii) the position to which the indi18 vidual is appointed or to which the indi19 vidual moves or must relocate— 

20 ‘‘(I) is that of a CBP employee; 

21 and 

22 ‘‘(II) is in a rural or remote area 

23 for which the Secretary has identified 

24 a direct relationship under subsection 

25 (b)(1)(B); and 


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1 ‘‘(B) the individual enters into a written 

2 service agreement with the Secretary— 

3 ‘‘(i) under which the individual is re4 quired to complete a period of employment 

5 as a CBP employee of not less than 2 years; 

6 and 

7 ‘‘(ii) that includes— 

8 ‘‘(I) the commencement and ter9 mination dates of the required service 

10 period (or provisions for determining 

11 such dates); 

12 ‘‘(II) the amount of the bonus; 

13 and 

14 ‘‘(III) other terms and conditions 

15 under which the bonus is payable, in16 cluding— 

17 ‘‘(aa) the requirements under 

18 this subsection; 

19 ‘‘(bb) the conditions under 

20 which the agreement may be ter21 minated before the agreed-upon 

22 service period has been completed; 

23 and 

24 ‘‘(cc) the effect of a termi25 nation described in item (bb). 


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1 ‘‘(3) RETENTION BONUSES.—The Secretary may 

2 pay a retention bonus to a CBP employee (other than 

3 an individual described in section 5754(a)(2)) if— 

4 ‘‘(A) the Secretary determines that— 

5 ‘‘(i) a condition consistent with that 

6 described in section 5754(b)(1) is satisfied 

7 with respect to the CBP employee without 

8 regard to any other provision under section 

9 5754; 

10 ‘‘(ii) the CBP employee is employed in 

11 a rural or remote area for which the Sec12 retary has identified a direct relationship 

13 under subsection (b)(1)(B); and 

14 ‘‘(iii) in the absence of a retention 

15 bonus, the CBP employee would be likely to 

16 leave— 

17 ‘‘(I) the Federal service; or 

18 ‘‘(II) for a different position in 

19 the Federal service, including a posi20 tion in another agency or component of 

21 the Department of Homeland Security; 

22 and 

23 ‘‘(B) the individual enters into a written 

24 service agreement with the Secretary— 


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1 ‘‘(i) under which the individual is re2 quired to complete a period of employment 

3 as a CBP employee of not less than 2 years; 

4 and 

5 ‘‘(ii) that includes— 

6 ‘‘(I) the commencement and ter7 mination dates of the required service 

8 period (or provisions for determining 

9 such dates); 

10 ‘‘(II) the amount of the bonus; 

11 and 

12 ‘‘(III) other terms and conditions 

13 under which the bonus is payable, in14 cluding— 

15 ‘‘(aa) the requirements under 

16 this subsection; 

17 ‘‘(bb) the conditions under 

18 which the agreement may be ter19 minated before the agreed-upon 

20 service period has been completed; 

21 and 

22 ‘‘(cc) the effect of a termi23 nation described in item (bb). 

24 ‘‘(4) RULES FOR BONUSES.— 

25 ‘‘(A) MAXIMUM BONUSES.— 


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1 ‘‘(i) RECRUITMENT AND RELOCATION

2 BONUSES.—A bonus paid to an employee 

3 under paragraph (2) may not exceed 100 

4 percent of the annual rate of basic pay of 

5 the employee as of the commencement date 

6 of the applicable service period. 

7 ‘‘(ii) RETENTION BONUSES.—A bonus 

8 paid to an employee under paragraph (3) 

9 may not exceed 50 percent of the annual 

10 rate of basic pay of the employee as of the 

11 commencement date of the applicable service 

12 period. 

13 ‘‘(B) RELATION TO BASIC PAY.—A bonus 

14 paid to an employee under paragraph (2) or (3) 

15 shall not be considered part of the basic pay of 

16 the employee for any purpose. 

17 ‘‘(5) OFFICE OF PERSONAL MANAGEMENT OVER18 SIGHT.—The Director, to the extent practicable, 

19 shall— 

20 ‘‘(A) set aside a determination of the Sec21 retary under this subsection if the Director finds 

22 substantial evidence that the Secretary abused 

23 his or her discretion in making the determina24 tion; and 


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1 ‘‘(B) oversee the compliance of the Secretary 

2 with this subsection. 

3 ‘‘(d) SPECIAL PAY AUTHORITY.—In addition to the 

4 circumstances described in section 5305(b), the Director 

5 may establish special rates of pay in accordance with that 

6 section if the Director finds that the recruitment or reten7 tion efforts of the Secretary with respect to positions for 

8 CBP employees in an area or location are, or are likely 

9 to become, significantly handicapped because the positions 

10 are located in a rural or remote area for which the Sec11 retary has identified a direct relationship under subsection 

12 (b)(1)(B). 

13 ‘‘(e) REGULAR CBP REVIEW.— 

14 ‘‘(1) ENSURING FLEXIBILITIES MEET CBP

15 NEEDS.—The Secretary shall annually review the use 

16 of hiring flexibilities under subsections (c) and (d) to 

17 fill positions at a location in a rural or remote area 

18 to determine— 

19 ‘‘(A) the impact of the use of such flexibili20 ties on solving hiring and retention challenges at 

21 the location; 

22 ‘‘(B) whether hiring and retention chal23 lenges still exist at the location; and 

24 ‘‘(C) whether the Secretary needs to con25 tinue to use such flexibilities at the location. 


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1 ‘‘(2) CONSIDERATION.—In conducting the review 

2 under paragraph (1), the Secretary shall consider— 

3 ‘‘(A) whether any CBP employee— 

4 ‘‘(i) accepted an employment incentive 

5 under subsection (c) or (d); and 

6 ‘‘(ii) later transferred to a new loca7 tion or left the employment of U.S. Customs 

8 and Border Protection; and 

9 ‘‘(B) the period during which each employee 

10 identified under subparagraph (A) remained at 

11 the original location before transferring to a new 

12 location or leaving the employment of U.S. Cus13 toms and Border Protection. 

14 ‘‘(3) DISTRIBUTION.—The Secretary shall submit 

15 a report to Congress describing each review required 

16 under paragraph (1). 

17 ‘‘(f) IMPROVING CBP HIRING AND RETENTION.— 

18 ‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— 

19 Not later than 180 days after the date of the enact20 ment of the Securing America’s Borders Act of 2019, 

21 the Secretary, in conjunction with the Chief Human 

22 Capital Officer of the Department of Homeland Secu23 rity, shall develop and implement a strategy to im24 prove education regarding hiring and human re25 sources flexibilities (including hiring and human reVerDate Sep 11 2014 00:09 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S2162.RS S2162

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1 sources flexibilities for locations in rural or remote 

2 areas) for all employees serving in agency head3 quarters or field offices who are involved in the re4 cruitment, hiring, assessment, or selection of can5 didates for locations in a rural or remote area and 

6 the retention of current employees. 

7 ‘‘(2) ELEMENTS.—The strategy required under 

8 paragraph (1) shall include— 

9 ‘‘(A) developing or updating training and 

10 educational materials on hiring and human re11 sources flexibilities for employees who are in12 volved in the recruitment, hiring, assessment, or 

13 selection of candidates and the retention of cur14 rent employees; 

15 ‘‘(B) regular training sessions for personnel 

16 who are critical to filling open positions in rural 

17 or remote areas; 

18 ‘‘(C) developing pilot programs or other 

19 programs, as appropriate, to address identified 

20 hiring challenges in rural or remote areas; 

21 ‘‘(D) developing and enhancing strategic re22 cruiting efforts through relationships with insti23 tutions of higher education (as defined in section 

24 102 of the Higher Education Act of 1965 (20 

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1 ment centers, and job placement program in re2 gions that could assist in filling positions in 

3 rural or remote areas; 

4 ‘‘(E) examining existing programs for effec5 tively aiding spouses and families of individuals 

6 who are candidates or new hires in a rural or 

7 remote area; 

8 ‘‘(F) soliciting feedback from individuals 

9 who are candidates or new hires at locations in 

10 a rural or remote area, including feedback on the 

11 quality of life in rural or remote areas for new 

12 hires and their families; 

13 ‘‘(G) soliciting feedback from CBP employ14 ees who are not new hires and are stationed at 

15 locations in a rural or remote area, including 

16 feedback on the quality of life in rural or remote 

17 areas for those CBP employees and their fami18 lies; and 

19 ‘‘(H) evaluating Department of Homeland 

20 Security internship programs and the usefulness 

21 of such programs in improving hiring by the 

22 Secretary in rural or remote areas. 

23 ‘‘(3) EVALUATION.— 

24 ‘‘(A) IN GENERAL.—The Secretary shall an25 nually— 


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1 ‘‘(i) evaluate the extent to which the 

2 strategy developed and implemented under 

3 paragraph (1) has improved the hiring and 

4 retention ability of the Secretary; and 

5 ‘‘(ii) make any appropriate updates to 

6 the strategy under paragraph (1). 

7 ‘‘(B) INFORMATION.—The evaluation con8 ducted under subparagraph (A) shall include— 

9 ‘‘(i) any reduction in the time taken 

10 by the Secretary to fill mission-critical posi11 tions in rural or remote areas; 

12 ‘‘(ii) a general assessment of the im13 pact of the strategy developed and imple14 mented under paragraph (1) on hiring chal15 lenges in rural or remote areas; and 

16 ‘‘(iii) other information the Secretary 

17 determines relevant. 

18 ‘‘(g) INSPECTOR GENERAL REVIEW.—Not later than 2 

19 years after the date of the enactment of the Securing Amer20 ica’s Borders Act of 2019, the Inspector General of the De21 partment of Homeland Security shall review the use of hir22 ing flexibilities by the Secretary under subsections (c) and 

23 (d) to determine whether the use of such flexibilities is help24 ing the Secretary meet hiring and retention needs in rural 

25 and remote areas. 


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1 ‘‘(h) REPORT ON POLYGRAPH REQUESTS.—The Sec2 retary shall report to Congress regarding the number of re3 quests the Secretary receives from any other Federal agency 

4 for the file of an applicant for a position in U.S. Customs 

5 and Border Protection that includes the results of a poly6 graph examination. 

7 ‘‘(i) EXERCISE OF AUTHORITY.— 

8 ‘‘(1) SOLE DISCRETION.—Notwithstanding chap9 ter 71, the exercise of authority under subsection (c) 

10 shall be subject to the sole and exclusive discretion of 

11 the Secretary (or of the Commissioner, if such author12 ity is delegated pursuant to paragraph (2)). 

13 ‘‘(2) DELEGATION.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), the Secretary may delegate any au16 thority under this section to the Commissioner. 

17 ‘‘(B) OVERSIGHT.—The Commissioner may 

18 not make a determination under subsection 

19 (b)(1) unless the Secretary approves the deter20 mination. 

21 ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec22 tion may be construed to exempt the Secretary or the Direc23 tor from the applicability of the merit system principles 

24 under section 2301.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

2 table of sections for chapter 97 of title 5, United States 

3 Code, is amended by adding at the end the following: 

‘‘9702. U.S. Customs and Border Protection employment authorities.’’. 

4 SEC. 7. CBP HIRING AND RETENTION INNOVATION COUN5 CIL. 

6 (a) ESTABLISHMENT.—Not later than 180 days after 

7 the date of the enactment of this Act, the Secretary of Home8 land Security, in conjunction with the Chief Human Cap9 ital Officer of the Department of Homeland Security, shall 

10 establish a CBP Hiring and Retention Innovation Council 

11 (referred to in this section as the ‘‘Council’’) to develop 

12 strategies and initiatives to improve U.S. Customs and 

13 Border Protection hiring and retention efforts and capabili14 ties. 

15 (b) COMPOSITION.—The Council shall be composed 

16 of— 

17 (1) the Secretary of Homeland Security, or the 

18 Secretary’s designee, who shall serve as the Chair of 

19 the Council; 

20 (2) the Commissioner of U.S. Customs and Bor21 der Protection, or the Commissioner’s designee; 

22 (3) the Assistant Commissioner, Office of Human 

23 Resources Management, Enterprise Services, or the 

24 Assistant Commissioner’s designee; 


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1 (4) the Assistant Commissioner, Office of Fi2 nance, Enterprise Services, or the Assistant Commis3 sioner’s designee; 

4 (5) appropriate representatives from labor 

5 groups representing U.S. Customs and Border Protec6 tion employees; 

7 (6) other members, selected by the Secretary, who 

8 have the requisite knowledge or expertise to help U.S. 

9 Customs and Border Protection develop new hiring 

10 and retention strategies, initiatives, and innovations, 

11 including— 

12 (A) private sector human resource experts; 

13 and 

14 (B) chief human capital officers, or their 

15 designees, from other Federal agencies; and 

16 (7) U.S. Customs and Border Protection officials 

17 who have experience related to the hiring and reten18 tion of employees, including at least 1 representative 

19 of each of the following groups: 

20 (A) Border Patrol officials with experience 

21 along the southwest border of the United States. 

22 (B) Border Patrol officials with experience 

23 working along the northern border of the United 

24 States. 


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1 (C) Office of Field Operations officials with 

2 experience along the southwest border of the 

3 United States. 

4 (D) Office of Field Operations officials with 

5 experience along the northern border of the 

6 United States. 

7 (E) Air and Marine Operations officials 

8 with experience along the land borders of the 

9 United States. 

10 (F) Air and Marine Operations officials 

11 with experience along the marine borders of the 

12 United States. 

13 (G) Office of Field Operations officials with 

14 experience at ports of entry in the interior of the 

15 United States. 

16 (H) U.S. Customs and Border Protection 

17 officials with experience working along the mari18 time borders in the southeastern region of the 

19 United States. 

20 (c) BORDER PATROL HIRING AND RETENTION IM21 PROVEMENT ANALYSIS.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of the enactment of this Act, the Council shall 

24 submit a report to Congress that analyzes whether 

25 Border Patrol workforce hiring and retention would 


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1 be improved by a new pay and employee classifica2 tion system, without regard to provisions of any other 

3 law relating to the appointment, number, classifica4 tion, or compensation of U.S. Border Patrol employ5 ees. 

6 (2) REQUIREMENTS.—The analysis conducted by 

7 the Council pursuant to paragraph (1) shall address 

8 any hiring, retention, and attrition challenges that 

9 exist in U.S. Border Patrol as a result of— 

10 (A) pay structure, including basic and pre11 mium pay, incentives, and allowances for Border 

12 Patrol agents and support staff; 

13 (B) staffing schedules, including those gov14 erned by collective bargaining agreements; 

15 (C) staffing levels, including the comprehen16 sive staffing analysis required under the Border 

17 Patrol Agent Pay Reform Act of 2014 (Public 

18 Law 113–277); 

19 (D) geographic and socioeconomic factors 

20 surrounding each duty location; 

21 (E) barriers to effective recruitment of U.S. 

22 Border Patrol applicants; 

23 (F) barriers to entry for U.S. Border Patrol 

24 applicants, including polygraph examinations; 

25 and 


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1 (G) any other considerations determined to 

2 be appropriate by the Council. 

3 (d) CBP HIRING AND RETENTION PILOT PRO4 GRAMS.— 

5 (1) IN GENERAL.—During the 5-year period be6 ginning on the date of the enactment of this Act, the 

7 Secretary of Homeland Security shall carry out pilot 

8 programs to develop improved strategies to improve 

9 U.S. Customs and Border Protection hiring and re10 tention capabilities and programs in order to meet its 

11 staffing needs. 

12 (2) REQUIRED PILOT PROGRAMS.—Of the pilot 

13 programs carried out under paragraph (1)— 

14 (A) at least 1 pilot program shall focus on 

15 ports of entry or other duty stations experiencing 

16 severe workforce shortages, critical hiring needs, 

17 or retention challenges; and 

18 (B) at least 1 pilot program shall focus on 

19 U.S. Border Patrol duty locations experiencing 

20 severe workforce shortages, critical hiring needs, 

21 or retention challenges. 

22 (3) REQUIREMENTS.—In carrying out pilot pro23 grams under this subsection, the Secretary shall— 

24 (A) examine the findings of the Council to 

25 determine which initiatives or strategies develVerDate Sep 11 2014 00:09 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\S2162.RS S2162

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1 oped by the Council should be tested in a pilot 

2 program; 

3 (B) examine the data collected through the 

4 exit survey given to all departing U.S. Customs 

5 and Border Protection employees to inform the 

6 development of pilot programs; 

7 (C) beginning not later than 180 days after 

8 the establishment of the Council, commence at 

9 least 1 U.S. Customs and Border Protection hir10 ing or retention pilot program every fiscal year; 

11 and 

12 (D) execute pilot programs in the locations 

13 that the Secretary determines will provide the 

14 most accurate assessment of the effectiveness of 

15 the pilot programs. 

16 (4) CONSIDERATIONS.—The Secretary shall con17 sider, in accordance with existing law, developing 

18 pilot programs under this subsection that examine— 

19 (A) the effectiveness of alternative or non20 traditional work schedules on hiring and reten21 tion; 

22 (B) the impact on hiring and retention of 

23 providing employees transportation between their 

24 residences and their work sites; 


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1 (C) using existing pay authorities, includ2 ing recruitment and retention incentive pay, on 

3 hiring and retention efforts; 

4 (D) improving the morale of the overall 

5 workforce or the workforce at specific U.S. Cus6 toms and Border Protection locations; 

7 (E) providing of additional training to em8 ployees to allow them to better execute changing 

9 job requirements; and 

10 (F) consumer demand at each port of entry. 

11 (5) OTHER MATTERS.—The Secretary is author12 ized to implement pilot projects under this subsection 

13 using the authorities granted to the Office of Per14 sonnel Management under section 4703 of title 5, 

15 United States Code. 

16 (6) ANNUAL REPORT.—Not later than 180 days 

17 after the date on which the first pilot program is es18 tablished under this subsection, and annually there19 after, the Secretary shall submit a report to the Com20 mittee on Homeland Security and Governmental Af21 fairs of the Senate and the Committee on Homeland 

22 Security of the House of Representatives that— 

23 (A) evaluates the effectiveness of the pilot 

24 programs established under this section; and 


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1 (B) analyzes how current or completed pilot 

2 programs are expected to improve hiring and re3 tention capabilities and programs at U.S. Cus4 toms and Border Protection to meet its staffing 

5 needs. 

6 (e) SUNSET.—This section is repealed on the date that 

7 is 5 years after the date of the enactment of this Act. 

8 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums as 

10 may be necessary to carry out this Act. 


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Calendar No. 615 

116TH CONGRESS 

2D SESSION S. 2162 

[Report No. 116–312] 

A BILL 

To require the Commissioner of U.S. Customs and 

ing analysis. workforce, and to conduct a comprehensive staffCongress on the status of the Border Patrol new Border Patrol agents, to report quarterly to Border Protection to annually hire at least 600 

DECEMBER 14, 2020 

Reported with an amendment 


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