119-HR3891

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 3891

1. Short title
2. Findings and sense of Congress
3. Northern Border threat analysis update

1. Short title

This Act may be cited as the "Northern Border Security and Staffing Reform Act".

2. Findings and sense of Congress

(a) Findings - Congress finds the following:

(1) - Between 2002 and 2011, U.S. Customs and Border Protection (CBP) roughly doubled their staffing levels, and according to the U.S. Customs and Border Protection Office Workload Staffing Model that calculates the number of CBP officers estimated to carry out the CBP mission at each air, sea, and land port of entry in the United States, states that the current staffing gap between the model results and the current staffing levels indicates a nationwide staffing shortage of 5,800 CBP officers.

(2) - The Consolidated Appropriations Act, 2008 (Public Law 110–161) made Customs and Border Protection Officers eligible for the 1.7 percent enhanced law enforcement officer (LEO) retirement system, which allows law enforcement officers to retire at age 50 with 20 years of service, or at any age with 25 years of service.

(3) - On April 30, 2024, then-Senior Official Performing the Duties of the Commissioner Troy A. Miller testified before the Committee on Appropriations of the House of Representatives that ports of entry face a 400 percent increase in retirements in 2028.

(4) - This retirement surge would disproportionately affect ports of entry along the northern border.

(5) - A 400 percent retirement surge would leave ports of entry along the northern border understaffed and unable to protect the American people from threats.

(6) - Ports of entry along the northern border face unique staffing challenges due to their harsh winters, isolated locations, limited economic opportunities, and scarce housing markets. These factors make it difficult for northern ports of entry to recruit and retain officers who are not from its region.

(b) Sense of Congress - It is the sense of Congress that U.S. Customs and Border Protection must begin a hiring surge of qualified recruits at ports of entry along the northern border to avoid the disastrous effects of the impending retirement surge, future retirement surges, and current staffing shortage.

3. Northern Border threat analysis update

(a) In general - The Northern Border Security Review Act (Public Law 114–267) is amended—

(1) - in subsection (a), in the matter preceding paragraph (1), by striking "180 days after the date of enactment of this Act" and inserting "not later than 180 days after the date of the enactment of the Northern Border Security and Staffing Reform Act and every five years thereafter";

(2) - in subsection (b)—

(A) - by redesignating paragraphs (3) through (6) as paragraphs (7) through (10), respectively; and

(B) - by inserting after paragraph (2) the following new paragraphs:

(3) - the current number of U.S. Customs and Border Protection officers and agents deployed along the northern border compared with the projected demand over the following years for such officers and agents;

(4) - the future retirement surges of such officers and agents, associated risks, and plans for mitigation of such risks;

(5) - any housing challenges along the northern border for such officers and agents;

(6) - the development of local recruiting plans to promote the hiring of new U.S. Customs and Border Protection officers and agents local to areas close to northern ports of entry;

(3) - by redesignating subsection (c) as subsection (d);

(4) Additional elements - by inserting after subsection (b) the following new subsection:

(c) Additional elements - The Secretary of Homeland Security shall also include in each threat analysis required under subsection (a) the following:

(1) - A plan, and any updates thereto, to address future retirement surges, staffing challenges, and staffing shortages along the northern border.

(2) - An assessment of the feasibility of the use of various recruitment and retention tools, including direct hire authority, recruitment, retention, and relocation bonuses, additional pay authorities, and student loan repayment programs to address staffing shortages along the northern border.

(5) Definition - by adding at the end the following new subsection:

(e) Definition - In this section, the term "local recruiting plans" means plans designed to motivate, recruit, hire, assist, and mentor local qualified candidates to apply for and have a career in U.S. Customs and Border Protection at nearby ports of entry.