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Title II — Border security personnel and resources

H.R. 2872 · 113th Congress · Jul 31, 2013 · Lineage

II Border security personnel and resources

Sec. 201 Maintenance of adequate ratio of supervisory and managerial agents to new agents

(a)
In general— Except as provided in subsection (b), the Secretary of Homeland Security shall maintain a ratio of five new Border Patrol agents to every one supervisor.
(b)
Exception— Subsection (a) shall not apply in the case of a work unit with an average length of service of four or more years.
(c)
New Border Patrol agent defined— In this section, the term new Border Patrol agent means a Border Patrol agent who has fewer than two years of experience.

Sec. 202 Strengthening border patrol recruitment and retention

(a)
In general— The Secretary of Homeland Security shall, in accordance with existing Federal statutes applicable to pay, recruitment, and retention of Federal law enforcement officers, address the recruitment and retention challenges faced by the Border Patrol, including the following:
(1)
The establishment of a recruitment incentive for Border Patrol agents, including the establishment of a foreign language incentive award.
(2)
The establishment of a retention plan, including the payment of bonuses to Border Patrol agents for every year of service after the first two years of service.
(3)
An increase in the pay percentage differentials to Border Patrol agents in certain high-cost areas, as determined by the Secretary of Homeland Security, in accordance with other Federal, State, and local law enforcement agencies.
(4)
The basic rate of pay for Border Patrol agents shall increase from the annual rate of basic pay for positions at GS–12 of the General Schedule to the annual rate of basic pay for positions at GS–13 of such Schedule.
(5)
The establishment of quarterly goals for the recruitment of new Border Patrol agents, including goals for the number of such recruits entering Border Patrol training, and the number of such recruits who successfully complete such training and become Border Patrol agents.
(b)
Applicability of recruitment incentive to current Border Patrol agents— Any recruitment incentive described in subsection (a)(1) shall be applicable for Border Patrol agents currently employed by the Department of Homeland Security who may qualify for such incentive.
(c)
Supervisor training capacity— The Secretary of Homeland Security shall expand the training capacity at the Federal Law Enforcement Training Center (FLETC) in Artesia, New Mexico, to the extent necessary to train and maintain the ratio specified in section 201.
(d)
Reporting requirements relating to recruitment and retention progress— Not later than 90 days after the date of the enactment of this Act and every 90 days thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on the resources expended for Border Patrol recruitment and retention efforts by the Department of Homeland Security and whether the Department is meeting its recruitment and retention goals for Border Patrol agents under this section.

Sec. 203 Authorization of additional U.S. Customs and Border Protection officers

Not later than September 30, 2014, the Secretary of Homeland Security is authorized to increase the number of U.S. Customs and Border Protection officers by 1,600 over the number of such officers in existence as of the date of the enactment of this Act.

Sec. 204 Strengthening U.S. Customs and Border Protection officer recruitment and retention

(a)
Required plan— The Secretary of Homeland Security shall establish a plan, in accordance with existing Federal statutes applicable to pay, recruitment, and retention of Federal law enforcement officers, to address the recruitment and retention challenges faced by U.S. Customs and Border Protection. Such plan shall include the following components:
(1)
The establishment of a retention plan, including the payment of bonuses to U.S. Customs and Border Protection officers for every year of service after the first two years of service.
(2)
An increase in the pay percentage differentials to U.S. Customs and Border Protection officers in certain high-cost areas, as determined by the Secretary of Homeland Security, in accordance with other Federal, State, and local law enforcement agencies.
(3)
An increase in the annual rate of basic pay for U.S. Customs and Border Protection Officers at GS–12 of the General Schedule to the annual rate of basic pay for positions at GS–13 of such Schedule.
(4)
The establishment of quarterly goals for the recruitment of new U.S. Customs and Border Protection officers, including goals for the number of such recruits entering U.S. Customs and Border Protection officer training, and the number of such recruits who successfully complete such training and become U.S. Customs and Border Protection officers.
(b)
Reporting requirements relating to recruitment and retention progress— Not later than 90 days after the date of the enactment of this Act and every 90 days thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on the resources expended for U.S. Customs and Border Protection officer recruitment and retention efforts by the Department of Homeland Security and whether the Department is meeting its recruitment and retention goals for U.S. Customs and Border Protection officers under this section.

Sec. 205 Enhanced customer service standards and professionalism training

(a)
Plans required— The Secretary of Homeland Security shall implement a comprehensive plan, based on publicly communicated metrics, for U.S. Customs and Border Protection to improve professionalism and customer service.
(b)
Plan components— The plan required under subsection (a) shall include each of the following:
(1)
Information on the metrics U.S. Customs and Border Protection will use to measure customer service.
(2)
Information on the metrics U.S. Customs and Border Protection will use to measure professionalism.
(3)
The implementation of a system to improve customer service by soliciting customer comments combining in person, phone, and online solutions.
(4)
The establishment of customer service best practices based on the customer service metrics referred to in paragraph (1).
(5)
The establishment of professionalism best practices based on the professionalism metrics referred to in paragraph (2).
(6)
A requirement that U.S. Customs and Border Protection submit to Congress quarterly reports on the agency’s performance against the customer service metrics referred to in paragraph (1), the professionalism metrics referred to in paragraph (2), the best practices referred to in paragraph (4), and the best practices referred to in paragraph (5).
(c)
Annual reports to Congress— At least once each year, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on U.S. Customs and Border Protection. Each such report shall include—
(1)
an assessment of U.S. Customs and Border Protection’s customer service performance based on the metrics referred to in subsection (b)(1);
(2)
a detailed description of customer service improvements sought by customers;
(3)
customer service improvements sought by Department of Homeland Security metrics, and the costs associated with such improvements;
(4)
the security and efficiency benefits derived from such improvements;
(5)
an assessment of U.S. Customs and Border Protection’s professionalism performance based on the metrics referred to in subsection (b)(2);
(6)
a description of any improvements in U.S. Customs and Border Protection’s professionalism, and costs associated with such improvements; and
(7)
the security and efficiency benefits derived from such improvements.
(d)
Oversight— The Department of Homeland Security’s Office of Civil Rights and Civil Liberties shall have oversight of—
(1)
the customer service and professionalism efforts of U.S. Customs and Border Protection under this section to ensure that comments are collected, analyzed, and responded to in a timely manner; and
(2)
the development of monthly reports detailing the number and types of such comments submitted by the public, which shall be made available to the public through the Department’s Web site.

Sec. 206 U.S. Customs and Border Protection officer training

(a)
Ensuring customs and border protection officer training— Not later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall incorporate into an existing database of the agency or develop a database system that identifies for each Customs and Border Protection officer—
(1)
the assigned port placement location;
(2)
the specific assignment and responsibilities;
(3)
the required initial training courses completed;
(4)
the required ongoing training courses available and completed;
(5)
for each training course completed, the method by which such training course was delivered;
(6)
for each training course, the time allocated during on-duty hours within which training must be completed;
(7)
for each training course offered, the duration of training and the amount of time an officer must be absent from work to complete such training course;
(8)
if training has been postponed, the basis for postponing such training and the date such training was completed;
(9)
certification or evidence of completion of each training course; and
(10)
certification by a supervising officer that the officer at issue is able to carry out the function for which the training was provided.
(b)
Identifying and enhancing on-the-Job training— Not later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall—
(1)
review the mission and responsibilities of Customs and Border Protection officers carried out at air, land, and sea ports of entry in both primary and secondary inspections areas;
(2)
develop an inventory of specific tasks that must be performed by Customs and Border Protection officers throughout the entire inspection process at such ports of entry, including tasks to be performed in such primary and secondary inspections areas;
(3)
ensure that on-the-job training includes supervised and evaluated performance of the tasks identified in paragraph (2), or a supervised and evaluated practical training exercise that simulates the on-the-job experience; and
(4)
develop criteria to measure officer proficiency in performing the tasks identified in paragraph (2) and for providing feedback to officers on a regular basis.
(c)
Use of data— The Commissioner of U.S. Customs and Border Protection shall use the information developed under subsection (a) and subsection (b)(2) to—
(1)
develop specific training requirements for Customs and Border Protection officers to ensure that such officers have sufficient training to conduct primary and secondary inspections at land, air, and sea ports of entry;
(2)
measure progress toward achieving the training requirements referred to in paragraph (1); and
(3)
make staffing allocation decisions.
(d)
Competency— Supervisors of on-the-job training for Customs and Border Protection officers shall—
(1)
attest to the competency of such officers to carry out the functions for which such officers received training; and
(2)
provide feedback to such officers on performance.

Sec. 207 U.S. Customs and Border Protection wait times transparency

To increase professionalism and transparency, the Commissioner of U.S. Customs and Border Protection shall—
(1)
publish live wait times at all United States ports of entry, as determined by calculating the time elapsed between an individual’s entry into the Customs and Border Protection inspection area and such individual’s clearance by a Customs and Border Protection officer;
(2)
make information about such wait time available to the public in real time through the U.S. Customs and Border Protection Web site;
(3)
submit to the appropriate congressional committees monthly reports that include compilations of all such wait times and that rank all United States air ports of entry by wait times; and
(4)
provide adequate staffing at the U.S. Customs and Border Protection information center to reduce wait times to under 10 minutes for travelers attempting to submit comments or speak with a representative about their entry experiences.

Sec. 208 K–9 units

(a)
In general— The Secretary of Homeland Security shall increase by 20 percent the number of K–9 units working within U.S. Customs and Border Protection over the number of such units in existence at the end of fiscal year 2013, including adding infrastructure, officers, and support staff necessary for such additional units.
(b)
Use of new units— The Secretary of Homeland Security shall deploy to the international borders between the United States and Mexico and the United States and Canada the additional K–9 units added under subsection (a). Such units shall be used only for bomb, narcotics, passenger, and currency detection purposes.

Sec. 209 Equipment and vehicle needs for Customs and Border Protection officers and Border Patrol agents

(a)
In general— The Secretary of Homeland Security shall keep the appropriate congressional committees informed of the equipment and vehicle needs for Customs and Border Protection Officers and Border Patrol agents.
(b)
Equipment and vehicles— Equipment and vehicle needs under subsection (a) shall include the following:
(1)
The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall account for the number of helicopters and power boats. The Secretary shall ensure that the appropriate types of helicopters that are being requested will be mission capable. The Secretary shall also ensure that the types of power boats that are being requested are appropriate for both the waterways in which they are to be used and the mission requirements.
(2)
The Secretary of Homeland Security shall keep the appropriate congressional committees informed of the fleet of motor vehicles appropriate for use by Border Patrol agents and, when necessary, by Customs and Border Protection officers, that will permit a ratio of at least one mission specific vehicle per every three agents or officers. Each vehicle shall have a panic button and a global positioning system device that may be activated solely in emergency situations for the purpose of tracking the location of an agent or officer in distress.
(3)
The Secretary of Homeland Security shall equip each mission specific vehicle in the fleet of the Border Patrol and when necessary, U.S. Customs and Border Protection, with a portable electronic device that would allow agents to access necessary law enforcement databases and otherwise suited to the unique operational requirements of the Border Patrol and, when necessary, U.S. Customs and Border Protection. Each such portable electronic device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of an agent or officer in distress.
(4)
The Secretary of Homeland Security shall equip each Border Patrol agent, and when necessary, each U.S. Customs and Border Protection officer, with a hand-held global positioning system device for navigational purposes.
(5)
The Secretary of Homeland Security provide for the equipment needs for night time operations, including night vision equipment, by Customs and Border Protection officers and Border Patrol agents.
(6)
The Secretary of Homeland Security shall issue every Border Patrol agent and Customs and Border Protection officer high-quality body armor that is appropriate for the climate and risks faced by such agents and officers.
(c)
Use and training— The Secretary of Homeland Security shall establish an overall policy on how the equipment and vehicles described in subsection (b) will be used, and implement training programs for the agents and officers who use such equipment and vehicles, including safe operating procedures and rescue operations.