,,ii ,calendar ,no4 #fae #aafth ,,congress #b;d ,session ,s4 #bafb ,report ,no4 #aaf-cab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ah1 #bjai,mr4 ,johnson introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,december #ad1 #bjbj,reported by ,mr4 ,johnson1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to require the ,commissioner of ,u4,s4 ,customs and ,border ,protection to annually hire at least #fjj new ,border ,patrol agents1 to report quarterly to ,congress on the status of the ,border ,patrol workforce1 and to conduct a comprehensive staffing analysis4 #a4 ,short title ,this ,act may be cited as the ,securing ,america's ,borders ,act of #bjai4 #b4 ,additional border patrol personnel 7a7 ,agents ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall hire1 train1 and assign not fewer than #fjj new ,border ,patrol agents1 compared to the current attrition level1 during every fiscal year until the total number of ,border ,patrol agents equals and sustains the requirements identified in ,executive ,order #acgfg 7#hb ,fed4 ,reg4 #hgic74 7b7 ,support staff ,the ,commissioner is authorized to hire1 train1 and assign support staff to perform non-law enforcement administrative functions to support the new ,border ,patrol agents hired pursuant to subsection 7a74 7c7 ,reports to ,congress ,not later that #ij days after the date of the enactment of this ,act1 and every #ij days thereafter1 the ,commissioner shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that describes the status of the ,border ,patrol workforce1 including-- 7#a7 the total number of ,border ,patrol agents2 7#b7 the total number of ,border ,patrol support staff2 7#c7 the number of ,border ,patrol agents and support staff hired during the reporting period2 7#d7 the number of ,border ,patrol agents and support staff lost to attrition1 broken down by port of entry2 and 7#e7 any hiring authorities1 incentive pay1 or other special pay incentives utilized during the reporting period4 #c4 ,comprehensive staffing analysis ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall-- 7#a7 not later than #fj days after the date of the enactment of this ,act1 amend the comprehensive staffing analysis required under section #b7;e7 of the ,border ,patrol ,agent ,pay ,reform ,act of #bjad 7,public ,law #aac-bgg7 based on any changes to workload demands since the date of the enactment of such ,act2 and 7#b7 not later than #ij days after the date of the enactment of this ,act1 submit a report to the ,comptroller ,general of the ,united ,states that includes the results of a comprehensive staffing analysis1 as required under section #b7;e7 of the ,border ,patrol ,agent ,pay ,reform ,act of #bjad 7,public ,law #aac-bgg74 #d4 ,authorization of appropriations ,there are authorized to be appropriated1 for each of the fiscal years #bjbj through #bjbf1 such sums as may be necessary to carry out this ,act4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,securing ,america's ,borders ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,hiring additional ,u4,s4 ,customs and ,border ,protection personnel4,sec4 #c4 ,border ,patrol processing coordinators4,sec4 #d4 ,medical training for border patrol agents4,sec4 #e4 ,workforce staffing model4,sec4 #f4 ,promoting flexibility in employment authorities for rural or remote areas4,sec4 #g4 ,,cbp ,hiring and ,retention ,innovation ,council4,sec4 #h4 ,authorization of appropriations4 #b4 ,hiring additional ,u4,s4 ,customs and ,border ,protection personnel 7a7 ,agents ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall hire1 train1 and assign not fewer than #fjj new ,border ,patrol agents above the current attrition level during every fiscal year until the total number of ,border ,patrol agents equals #bf1cgj full-time equivalent agents4 7b7 ,support staff ,the ,commissioner is authorized to hire1 train1 and assign support staff to perform non-law enforcement administrative functions to support the new ,border ,patrol agents hired pursuant to subsection 7a74 7c7 ,reports to ,congress ,not later than #ij days after the date of the enactment of this ,act1 and every #ij days thereafter1 the ,commissioner shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that describes the status of the ,border ,patrol workforce1 including-- 7#a7 the total number of ,border ,patrol agents2 7#b7 the total number of ,border ,patrol support staff1 including ,border ,patrol processing coordinators2 7#c7 the number of ,border ,patrol agents and support staff hired during the reporting period1 broken down by ,border ,patrol duty location2 7#d7 the number of ,border ,patrol agents and support staff lost to attrition1 broken down by ,border ,patrol duty location2 7#e7 any hiring authorities1 incentive pay1 or other special pay incentives utilized during the reporting period2 and 7#f7 an analysis of the overall effectiveness of the hiring authorities1 incentive pay1 and other special pay incentives utilized during the reporting period4 #c4 ,border ,patrol processing coordinators 7a7 ,in general ,section #daa7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;e77 is amended by adding at the end the following3 7#d7 ,border patrol processing coordinators 7,a7 ,authorization ,the ,chief of the ,u4,s4 ,border ,patrol is authorized to hire ,border ,patrol processing coordinators1 who shall be stationed at ,border ,patrol facilities4 7,b7 ,duties ,border ,patrol processing coordinators-- 7i7 shall assist ,border ,patrol agents to efficiently and expeditiously intake and process apprehended persons2 7ii7 shall perform necessary technical and clerical tasks related to the duties set forth in paragraph 7#c72 7iii7 shall be classified as non-law enforcement personnel2 and 7iv7 may not be authorized or designated to exercise powers conferred under section #bhg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;a774 4 7b7 ,training ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 in coordination with the ,chief of ,u4,s4 ,border ,patrol and in consultation with the ,director of the ,federal ,law ,enforcement ,training ,centers1 shall develop tailored training for ,border ,patrol processing coordinators hired pursuant to section #daa7;e77#d7 of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a74 7c7 ,reports to ,congress ,not later than #ij days after the date of the enactment of this ,act1 and quarterly for the following #b years1 the ,secretary of ,homeland ,security shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives regarding each ,u4,s4 ,border ,patrol sector that includes information regarding the number of ,u4,s4 ,border ,patrol agents who returned to field operations as a result of increased hiring of ,u4,s4 ,border ,patrol processing coordinators4 #d4 ,medical training for border patrol agents 7a7 ,in general ,section #daa7l7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7l77 is amended-- 7#a7 by striking ,the ,commissioner and inserting the following3 7#a7 ,continuing education ,the ,commissioner 2 and 7#b7 by adding at the end the following3 7#b7 ,medical training for border patrol agents 7,a7 ,in general 7i7 ,availability ,beginning not later than #f months after the date of the enactment of this paragraph1 the ,commissioner1 in his or her sole and exclusive discretion1 shall make available in each ,u4,s4 ,border ,patrol sector1 at no cost to ,u4,s4 ,border ,patrol agents selected for such training1 emergency medical technician 7referred to in this paragraph as ,,emt7 and paramedic training1 including pediatric medical training1 which shall utilize nationally recognized pediatric training curricula that includes emergency pediatric care1 and training identifying and treating individuals experiencing medical distress4 7ii7 ,use of official duty time ,a ,u4,s4 ,border ,patrol agent shall be credited with work time for any ,,emt or paramedic training provided to such agent under clause 7i7 in order to achieve or maintain an ,,emt or paramedic certification4 7iii7 ,lodging and per diem ,lodging and per diem shall be made available to ,u4,s4 ,border ,patrol agents attending training described in clause 7ii7 if such training is not available at a location within commuting distance of the agent's residence or worksite4 7iv7 ,service commitment ,any ,u4,s4 ,border ,patrol agent who completes a certification preparation program pursuant to clause 7i7 shall-- 7,i7 complete #a year of service as a ,u4,s4 ,border ,patrol agent following the completion of ,,emt training2 7,,ii7 complete #c years of service as a ,u4,s4 ,border ,patrol agent following the completion of paramedic training2 or 7,,iii7 reimburse ,u4,s4 ,customs and ,border ,protection in an amount equal to the product of-- 7aa7 the cost of providing such training to such agent2 multiplied by 7bb7 the percentage of the service required under subclauses 7,i7 and 7,,ii7 that the agent failed to complete4 7v7 ,obligated overtime ,for any debt of obligated overtime hours that the agent may have incurred1 pursuant to section #eeej7;b7 of title #e1 ,united ,states ,code1 in order to achieve or maintain an ,,emt or paramedic certification1 the agent shall select1 not later than #a pay period before the commencement of the ,,emt or paramedic training 7,i7 to satisfy the debt of obligated overtime hours2 or 7,,ii7 to receive a reduction of pay commensurate to what the agent would have received for performance of the overtime hours4 7,b7 ,availability of medically trained border patrol agents ,not later than #f months after the date of the enactment of this paragraph1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall undertake an agency-wide effort-- 7i7 to encourage1 promote1 and ensure1 to the greatest extent possible1 that-- 7,i7 ,u4,s4 ,border ,patrol agents with current ,,emt or paramedic certifications are stationed at each ,u4,s4 ,border ,patrol sector and remote station along the southern border of the ,united ,states to the greatest extent possible2 and 7,,ii7 #aj percent of all ,border ,patrol agents have ,,emt certifications and comprise not fewer than #aj percent of all ,border ,patrol agents assigned to each ,u4,s4 ,border ,patrol sector2 and 7ii7 in determining the assigned posts of ,border ,patrol agents who have received training under subparagraph 7,a77i71 to give priority to remote stations and forward operating bases4 7,c7 ,medical supplies 7i7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall provide minimum medical supplies to each ,border ,patrol agent with an ,,emt or paramedic certification and to each ,u4,s4 ,border ,patrol sector1 including all remote stations and forward operating bases1 for use while on patrol4 ,such supplies shall include-- 7,i7 supplies designed for children2 7,,ii7 first aid kits2 and 7,,iii7 oral hydration1 such as water4 7ii7 ,consultation ,in developing the minimum list of medical supplies required under clause 7i71 the ,commissioner shall consult national organizations with expertise in emergency medical care1 including emergency medical care of children1 at no cost to the ,government4 7,d7 ,,gao report ,not later than #c years after the date of the enactment of this paragraph1 the ,comptroller ,general of the ,united ,states shall-- 7i7 review the success of the ,u4,s4 ,customs and ,border ,protection's efforts to reach the goal of #aj percent of all ,u4,s4 ,border ,patrol agents having ,,emt or paramedic certifications2 and 7ii7 provide a recommendation to ,congress as to whether-- 7,i7 the ,commissioner of ,u4,s4 ,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 7,b72 7,,ii7 additional incentive modifications are needed to achieve or maintain the #aj percent goal1 including pay differentials2 7,,iii7 the #aj percent goal is properly scoped to materially contribute to the preservation of life and the effectiveness and efficiency of ,u4,s4 ,border ,patrol operations1 including whether the number is too high or too low2 and 7,,iv7 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 ,u4,s4 ,border ,patrol operations1 and1 if so1 what a proper benchmark would be4 4 7b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out section #daa7l77#b7 of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a74 #e4 ,workforce staffing model 7a7 ,improving data quality ,in order to improve the quality of data needed to develop a workforce staffing model1 the ,chief of ,u4,s4 ,border ,patrol shall-- 7#a7 develop standard operating procedures for the ,border ,patrol ,enforcement ,tracking ,system 7referred to in this subsection as ,,bpets72 7#b7 train agents on the use1 capabilities1 and purposes of ,,bpets2 and 7#c7 implement and monitor internal controls for ,,bpets to ensure timely and accurate scheduling and reporting on agents' actual and completed work hours and activities4 7b7 ,comprehensive staffing analysis for developing a workforce staffing model ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall-- 7#a7 not later than #fj days after the date of the enactment of this ,act1 amend the comprehensive staffing analysis required under section #b7;e7 of the ,border ,patrol ,agent ,pay ,reform ,act of #bjad 7,pubic ,law #aac-bgg7 based on any changes to workload demands since the date of the enactment of such ,act2 and 7#b7 not later than #ij days after the date of the enactment of this ,act1 submit a report to the ,comptroller ,general of the ,united ,states that includes the results of such amended comprehensive staffing analysis4 7c7 ,report to ,congress ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that describes-- 7#a7 how ,u4,s4 ,customs and ,border ,protection has used the comprehensive staffing analysis in its development of a workforce staffing model2 and 7#b7 the process used by ,u4,s4 ,border ,patrol to create such model1 including-- 7,a7 the steps and associated timelines taken to create the model2 7,b7 the resources assigned to develop the model2 and 7,c7 the data sources and methodology used to generate the model4 7d7 ,comprehensive staffing analysis for developing a workforce staffing model ,section #b7;e7 of the ,border ,patrol ,agent ,pay ,reform ,act of #bjad 7,public ,law #aac-bgg7 is amended by adding at the end the following3 7#c7 ,updates 7,a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall-- 7i7 update the comprehensive staffing analysis required under paragraph 7#a7 whenever the ,commissioner determines that an update is required to better meet the needs of ,u4,s4 ,border ,patrol2 and 7ii7 include1 as part of the updated comprehensive staffing analysis1 an update to the assessment of force multiplier technologies required under section #e7;e7 of the ,securing ,america's ,borders ,act of #bjai4 7,b7 ,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 ,states4 7,c7 ,independent validator ,not later than #ij days after receiving each update under subparagraph 7,b71 the ,comptroller ,general shall submit a report to the appropriate committees of ,congress that contains the information required in the report required under paragraph 7#b74 4 7e7 ,assessment of force multiplier technologies ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall-- 7#a7 conduct an assessment of the impact on ,border ,patrol effectiveness of force multiplier technologies1 including-- 7,a7 air and marine assets2 7,b7 surveillance equipment2 and 7,c7 fixed and mobile surveillance technologies2 and 7#b7 consider the assessment conducted under paragraph 7#a7 when estimating projected staffing needs under the workforce staffing model referred to in subsection 7c77#a74 #f4 ,promoting flexibility in employment authorities for rural or remote areas 7a7 ,in general ,chapter #ig of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #igjb4 ,u4,s4 ,customs and ,border ,protection employment authorities 7a7 ,definitions ,in this section-- 7#a7 the term ,,cbp employee means an employee of ,u4,s4 ,customs and ,border ,protection2 7#b7 the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7#c7 the term ,director means the ,director of the ,office of ,personnel ,management2 7#d7 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 census2 and 7#e7 the term ,secretary means the ,secretary of ,homeland ,security4 7b7 ,demonstration of recruitment and retention difficulties in rural or remote areas 7#a7 ,in general ,for purposes of subsections 7c7 and 7d71 the ,secretary shall determine1 for each rural or remote area1 whether there is-- 7,a7 a critical hiring need in the area2 and 7,b7 a direct relationship between-- 7i7 the rural or remote nature of the area2 and 7ii7 difficulty in the recruitment and retention of ,,cbp employees in the area4 7#b7 ,factors ,in determining whether there is a direct relationship described in paragraph 7#a77;,b71 the ,secretary may consider evidence-- 7,a7 that the ,secretary-- 7i7 is unable to efficiently and effectively recruit individuals for positions as ,,cbp employees1 which may be demonstrated with various types of evidence1 including-- 7,i7 evidence that multiple positions have been continuously vacant for significantly longer than the national average period for which similar positions in ,u4,s4 ,customs and ,border ,protection are vacant2 and 7,,ii7 recruitment studies that demonstrate the inability of the ,secretary to efficiently and effectively recruit ,,cbp employees for positions in the area2 or 7ii7 experiences a consistent inability to retain ,,cbp employees that negatively impacts agency operations at a local or regional level2 or 7,b7 of any other inability1 directly related to recruitment or retention difficulties1 that the ,secretary determines to be sufficient4 7c7 ,direct hire authority2 recruitment and relocation bonuses2 retention bonuses 7#a7 ,direct hire authority 7,a7 ,in general ,the ,secretary may appoint1 without regard to the requirements under sections #ccji through #ccai1 candidates to positions in the competitive service as ,,cbp employees1 in a rural or remote area1 if the ,secretary-- 7i7 determines that-- 7,i7 there is a critical hiring need2 and 7,,ii7 there exists a severe shortage of qualified candidates because of the direct relationship identified by the ,secretary under subsection 7b77#a77;,b72 and 7ii7 has given public notice for such positions4 7,b7 ,prioritization of hiring veterans ,if the ,secretary uses the direct hiring authority under subparagraph 7,a71 the ,secretary shall apply the principles of preference for the hiring of veterans established under subchapter ,i of chapter #cc4 7#b7 ,recruitment and relocation bonuses ,the ,secretary may pay a bonus to an individual 7other than an individual described in section #egec7;a77#b77 if-- 7,a7 the ,secretary determines that-- 7i7 conditions consistent with those described in paragraphs 7#a7 and 7#b7 of section #egec7;b7 are satisfied with respect to the individual 7without regard to any other provision of that section72 and 7ii7 the position to which the individual is appointed or to which the individual moves or must relocate-- 7,i7 is that of a ,,cbp employee2 and 7,,ii7 is in a rural or remote area for which the ,secretary has identified a direct relationship under subsection 7b77#a77;,b72 and 7,b7 the individual enters into a written service agreement with the ,secretary-- 7i7 under which the individual is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for determining such dates72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 including-- 7aa7 the requirements under this subsection2 7bb7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7cc7 the effect of a termination described in item 7bb74 7#c7 ,retention bonuses ,the ,secretary may pay a retention bonus to a ,,cbp employee 7other than an individual described in section #eged7;a77#b77 if-- 7,a7 the ,secretary determines that-- 7i7 a condition consistent with that described in section #eged7;b77#a7 is satisfied with respect to the ,,cbp employee without regard to any other provision under section #eged2 7ii7 the ,,cbp employee is employed in a rural or remote area for which the ,secretary has identified a direct relationship under subsection 7b77#a77;,b72 and 7iii7 in the absence of a retention bonus1 the ,,cbp employee would be likely to leave-- 7,i7 the ,federal service2 or 7,,ii7 for a different position in the ,federal service1 including a position in another agency or component of the ,department of ,homeland ,security2 and 7,b7 the individual enters into a written service agreement with the ,secretary-- 7i7 under which the individual is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for determining such dates72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 including-- 7aa7 the requirements under this subsection2 7bb7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7cc7 the effect of a termination described in item 7bb74 7#d7 ,rules for bonuses 7,a7 ,maximum bonuses 7i7 ,recruitment and relocation bonuses ,a bonus paid to an employee under paragraph 7#b7 may not exceed #ajj percent of the annual rate of basic pay of the employee as of the commencement date of the applicable service period4 7ii7 ,retention bonuses ,a bonus paid to an employee under paragraph 7#c7 may not exceed #ej percent of the annual rate of basic pay of the employee as of the commencement date of the applicable service period4 7,b7 ,relation to basic pay ,a bonus paid to an employee under paragraph 7#b7 or 7#c7 shall not be considered part of the basic pay of the employee for any purpose4 7#e7 ,office of personal management oversight ,the ,director1 to the extent practicable1 shall-- 7,a7 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 determination2 and 7,b7 oversee the compliance of the ,secretary with this subsection4 7d7 ,special pay authority ,in addition to the circumstances described in section #ecje7;b71 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 are1 or are likely to become1 significantly handicapped because the positions are located in a rural or remote area for which the ,secretary has identified a direct relationship under subsection 7b77#a77;,b74 7e7 ,regular ,,cbp review 7#a7 ,ensuring flexibilities meet ,,cbp needs ,the ,secretary shall annually review the use of hiring flexibilities under subsections 7c7 and 7d7 to fill positions at a location in a rural or remote area to determine-- 7,a7 the impact of the use of such flexibilities on solving hiring and retention challenges at the location2 7,b7 whether hiring and retention challenges still exist at the location2 and 7,c7 whether the ,secretary needs to continue to use such flexibilities at the location4 7#b7 ,consideration ,in conducting the review under paragraph 7#a71 the ,secretary shall consider-- 7,a7 whether any ,,cbp employee-- 7i7 accepted an employment incentive under subsection 7c7 or 7d72 and 7ii7 later transferred to a new location or left the employment of ,u4,s4 ,customs and ,border ,protection2 and 7,b7 the period during which each employee identified under subparagraph 7,a7 remained at the original location before transferring to a new location or leaving the employment of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,distribution ,the ,secretary shall submit a report to ,congress describing each review required under paragraph 7#a74 7f7 ,improving ,,cbp hiring and retention 7#a7 ,education of ,,cbp hiring officials ,not later than #ahj days after the date of the enactment of the ,securing ,america's ,borders ,act of #bjai1 the ,secretary1 in conjunction with the ,chief ,human ,capital ,officer of the ,department of ,homeland ,security1 shall develop and implement a strategy to improve education regarding hiring and human resources flexibilities 7including hiring and human resources flexibilities for locations in rural or remote areas7 for all employees serving in agency headquarters or field offices who are involved in the recruitment1 hiring1 assessment1 or selection of candidates for locations in a rural or remote area and the retention of current employees4 7#b7 ,elements ,the strategy required under paragraph 7#a7 shall include-- 7,a7 developing or updating training and educational materials on hiring and human resources flexibilities for employees who are involved in the recruitment1 hiring1 assessment1 or selection of candidates and the retention of current employees2 7,b7 regular training sessions for personnel who are critical to filling open positions in rural or remote areas2 7,c7 developing pilot programs or other programs1 as appropriate1 to address identified hiring challenges in rural or remote areas2 7,d7 developing and enhancing strategic recruiting efforts through relationships with institutions of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb771 veterans transition and employment centers1 and job placement program in regions that could assist in filling positions in rural or remote areas2 7,e7 examining existing programs for effectively aiding spouses and families of individuals who are candidates or new hires in a rural or remote area2 7,f7 soliciting feedback from individuals who are candidates or new hires at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for new hires and their families2 7,g7 soliciting feedback from ,,cbp employees who are not new hires and are stationed at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for those ,,cbp employees and their families2 and 7,h7 evaluating ,department of ,homeland ,security internship programs and the usefulness of such programs in improving hiring by the ,secretary in rural or remote areas4 7#c7 ,evaluation 7,a7 ,in general ,the ,secretary shall annually-- 7i7 evaluate the extent to which the strategy developed and implemented under paragraph 7#a7 has improved the hiring and retention ability of the ,secretary2 and 7ii7 make any appropriate updates to the strategy under paragraph 7#a74 7,b7 ,information ,the evaluation conducted under subparagraph 7,a7 shall include-- 7i7 any reduction in the time taken by the ,secretary to fill mission-critical positions in rural or remote areas2 7ii7 a general assessment of the impact of the strategy developed and implemented under paragraph 7#a7 on hiring challenges in rural or remote areas2 and 7iii7 other information the ,secretary determines relevant4 7g7 ,inspector ,general review ,not later than #b years after the date of the enactment of the ,securing ,america's ,borders ,act of #bjai1 the ,inspector ,general of the ,department of ,homeland ,security shall review the use of hiring flexibilities by the ,secretary under subsections 7c7 and 7d7 to determine whether the use of such flexibilities is helping the ,secretary meet hiring and retention needs in rural and remote areas4 7h7 ,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 ,u4,s4 ,customs and ,border ,protection that includes the results of a polygraph examination4 7i7 ,exercise of authority 7#a7 ,sole discretion ,notwithstanding chapter #ga1 the exercise of authority under subsection 7c7 shall be subject to the sole and exclusive discretion of the ,secretary 7or of the ,commissioner1 if such authority is delegated pursuant to paragraph 7#b774 7#b7 ,delegation 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary may delegate any authority under this section to the ,commissioner4 7,b7 ,oversight ,the ,commissioner may not make a determination under subsection 7b77#a7 unless the ,secretary approves the determination4 7j7 ,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 #bcja4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #ig of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #igjb4 ,u4,s4 ,customs and ,border ,protection employment authorities4 4 #g4 ,,cbp ,hiring and ,retention ,innovation ,council 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in conjunction with the ,chief ,human ,capital ,officer of the ,department of ,homeland ,security1 shall establish a ,,cbp ,hiring and ,retention ,innovation ,council 7referred to in this section as the ,council7 to develop strategies and initiatives to improve ,u4,s4 ,customs and ,border ,protection hiring and retention efforts and capabilities4 7b7 ,composition ,the ,council shall be composed of-- 7#a7 the ,secretary of ,homeland ,security1 or the ,secretary's designee1 who shall serve as the ,chair of the ,council2 7#b7 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 or the ,commissioner's designee2 7#c7 the ,assistant ,commissioner1 ,office of ,human ,resources ,management1 ,enterprise ,services1 or the ,assistant ,commissioner's designee2 7#d7 the ,assistant ,commissioner1 ,office of ,finance1 ,enterprise ,services1 or the ,assistant ,commissioner's designee2 7#e7 appropriate representatives from labor groups representing ,u4,s4 ,customs and ,border ,protection employees2 7#f7 other members1 selected by the ,secretary1 who have the requisite knowledge or expertise to help ,u4,s4 ,customs and ,border ,protection develop new hiring and retention strategies1 initiatives1 and innovations1 including-- 7,a7 private sector human resource experts2 and 7,b7 chief human capital officers1 or their designees1 from other ,federal agencies2 and 7#g7 ,u4,s4 ,customs and ,border ,protection officials who have experience related to the hiring and retention of employees1 including at least #a representative of each of the following groups3 7,a7 ,border ,patrol officials with experience along the southwest border of the ,united ,states4 7,b7 ,border ,patrol officials with experience working along the northern border of the ,united ,states4 7,c7 ,office of ,field ,operations officials with experience along the southwest border of the ,united ,states4 7,d7 ,office of ,field ,operations officials with experience along the northern border of the ,united ,states4 7,e7 ,air and ,marine ,operations officials with experience along the land borders of the ,united ,states4 7,f7 ,air and ,marine ,operations officials with experience along the marine borders of the ,united ,states4 7,g7 ,office of ,field ,operations officials with experience at ports of entry in the interior of the ,united ,states4 7,h7 ,u4,s4 ,customs and ,border ,protection officials with experience working along the maritime borders in the southeastern region of the ,united ,states4 7c7 ,border ,patrol hiring and retention improvement analysis 7#a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,council shall submit a report to ,congress that analyzes whether ,border ,patrol workforce hiring and retention would be improved by a new pay and employee classification system1 without regard to provisions of any other law relating to the appointment1 number1 classification1 or compensation of ,u4,s4 ,border ,patrol employees4 7#b7 ,requirements ,the analysis conducted by the ,council pursuant to paragraph 7#a7 shall address any hiring1 retention1 and attrition challenges that exist in ,u4,s4 ,border ,patrol as a result of-- 7,a7 pay structure1 including basic and premium pay1 incentives1 and allowances for ,border ,patrol agents and support staff2 7,b7 staffing schedules1 including those governed by collective bargaining agreements2 7,c7 staffing levels1 including the comprehensive staffing analysis required under the ,border ,patrol ,agent ,pay ,reform ,act of #bjad 7,public ,law #aac-bgg72 7,d7 geographic and socioeconomic factors surrounding each duty location2 7,e7 barriers to effective recruitment of ,u4,s4 ,border ,patrol applicants2 7,f7 barriers to entry for ,u4,s4 ,border ,patrol applicants1 including polygraph examinations2 and 7,g7 any other considerations determined to be appropriate by the ,council4 7d7 ,,cbp hiring and retention pilot programs 7#a7 ,in general ,during the #e-year period beginning on the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall carry out pilot programs to develop improved strategies to improve ,u4,s4 ,customs and ,border ,protection hiring and retention capabilities and programs in order to meet its staffing needs4 7#b7 ,required pilot programs ,of the pilot programs carried out under paragraph 7#a7-- 7,a7 at least #a pilot program shall focus on ports of entry or other duty stations experiencing severe workforce shortages1 critical hiring needs1 or retention challenges2 and 7,b7 at least #a pilot program shall focus on ,u4,s4 ,border ,patrol duty locations experiencing severe workforce shortages1 critical hiring needs1 or retention challenges4 7#c7 ,requirements ,in carrying out pilot programs under this subsection1 the ,secretary shall-- 7,a7 examine the findings of the ,council to determine which initiatives or strategies developed by the ,council should be tested in a pilot program2 7,b7 examine the data collected through the exit survey given to all departing ,u4,s4 ,customs and ,border ,protection employees to inform the development of pilot programs2 7,c7 beginning not later than #ahj days after the establishment of the ,council1 commence at least #a ,u4,s4 ,customs and ,border ,protection hiring or retention pilot program every fiscal year2 and 7,d7 execute pilot programs in the locations that the ,secretary determines will provide the most accurate assessment of the effectiveness of the pilot programs4 7#d7 ,considerations ,the ,secretary shall consider1 in accordance with existing law1 developing pilot programs under this subsection that examine-- 7,a7 the effectiveness of alternative or nontraditional work schedules on hiring and retention2 7,b7 the impact on hiring and retention of providing employees transportation between their residences and their work sites2 7,c7 using existing pay authorities1 including recruitment and retention incentive pay1 on hiring and retention efforts2 7,d7 improving the morale of the overall workforce or the workforce at specific ,u4,s4 ,customs and ,border ,protection locations2 7,e7 providing of additional training to employees to allow them to better execute changing job requirements2 and 7,f7 consumer demand at each port of entry4 7#e7 ,other matters ,the ,secretary is authorized to implement pilot projects under this subsection using the authorities granted to the ,office of ,personnel ,management under section #dgjc of title #e1 ,united ,states ,code4 7#f7 ,annual report ,not later than #ahj days after the date on which the first pilot program is established under this subsection1 and annually thereafter1 the ,secretary shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that-- 7,a7 evaluates the effectiveness of the pilot programs established under this section2 and 7,b7 analyzes how current or completed pilot programs are expected to improve hiring and retention capabilities and programs at ,u4,s4 ,customs and ,border ,protection to meet its staffing needs4 7e7 ,sunset ,this section is repealed on the date that is #e years after the date of the enactment of this ,act4 #h4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act4 ,december #ad1 #bjbj,reported with an amendment