I 
117TH CONGRESS 
1ST SESSION H. R. 4138 
To amend the Homeland Security Act of 2002 to improve U.S. Customs 
and Border Protection (CBP) identification of staffing needs, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2021 
Mr. HIGGINS of Louisiana (for himself, Mr. KATKO, Mr. MCCAUL, Mr. 
GUEST, and Mr. CUELLAR) introduced the following bill; which was re-
ferred to the Committee on Homeland Security 
A BILL 
To amend the Homeland Security Act of 2002 to improve 
U.S. Customs and Border Protection (CBP) identifica-
tion of staffing needs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘CBP Workload Staff-
ing Model Act’’. 
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SEC. 2. ESTABLISHMENT OF WORKLOAD STAFFING MOD-
ELS FOR U.S. BORDER PATROL AND AIR AND 
MARINE OPERATIONS OF CBP. 
(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection shall in coordination with the 
Under Secretary for Management, Chief Human Capital 
Officer, and Chief Financial Officer of the Department of 
Homeland Security, develop and implement, by not later 
than one year after the date of the enactment of this Act, 
a workload staffing model for each of the U.S. Border Pa-
trol and Air and Marine Operations. 
(b) RESPONSIBILITIES OF THE COMMISSIONER OF 
CBP.—Subsection (c) of section 411 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 211) is amended— 
(1) by redesignating paragraphs (18) and (19) 
as paragraphs (20) and (21), respectively; and 
(2) by inserting after paragraph (17) the fol-
lowing new paragraphs: 
‘‘(18) implement a staffing model that includes 
consideration for essential frontline operator activi-
ties and functions, variations in operating environ-
ments, present and planned infrastructure, present 
and planned technology, and required operations 
support levels for the U.S. Border Patrol, Air and 
Marine Operations, and the Office of Field Oper-
ations, to manage and assign personnel of such enti-
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ties to ensure field and support posts possess ade-
quate resources to carry out duties specified in this 
section; 
‘‘(19) develop standard operating procedures 
for a workforce tracking system within the U.S. 
Border Patrol, Air and Marine Operations, and the 
Office of Field Operations, train the workforce of 
each of such entities on the use, capabilities, and 
purpose of such system, and implement internal con-
trols to ensure timely and accurate scheduling and 
reporting of actual completed work hours and activi-
ties;’’. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act with respect to subsection 
(a) and paragraphs (18) and (19) of section 411(c) of the 
Homeland Security Act of 2002 (as amended by sub-
section (b)), and annually thereafter with respect to such 
paragraphs (18) and (19), the Secretary of Homeland Se-
curity shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a status update on the implementation of this Act 
and such paragraphs (18) and (19), and status updates 
on such paragraphs (18) and (19), as well as all relevant 
workload staffing models. Such status updates shall in-
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clude information on data sources and methodology used 
to generate such staffing models. 
(d) INSPECTOR GENERAL REVIEW.—Not later than 
120 days after the Commissioner of U.S. Customs and 
Border Protection develops a workload staffing model pur-
suant to subsection (a), the Inspector General of the De-
partment of Homeland Security shall review such model 
and provide feedback to the Secretary of Homeland Secu-
rity and the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate re-
garding the degree to which such model is responsive to 
Inspector 
General 
recommendations, 
including 
rec-
ommendations from the Inspector General’s February 
2019 audit, and as appropriate, any further recommenda-
tions to improve such model. 
Æ 
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