[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1444 Reported in Senate (RS)]
<DOC>
Calendar No. 670
118th CONGRESS
2d Session
S. 1444
[Report No. 118-267]
To increase the pay and enhance the training of United States Border
Patrol agents, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Lankford (for himself, Ms. Sinema, Ms. Hassan, Mr. Tillis, and Mr.
Kelly) introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
December 9, 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To increase the pay and enhance the training of United States Border
Patrol agents, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Border Patrol Enhancement
Act''.</DELETED>
<DELETED>SEC. 2. AUTHORIZED STAFFING LEVEL FOR THE UNITED STATES BORDER
PATROL.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Qualified research entity.--The term
``qualified research entity'' means an independent, not-for-
profit, federally funded research entity with appropriate
expertise and analytical capability to analyze and validate the
personnel requirements determination model.</DELETED>
<DELETED> (2) Validated personnel requirements determination
model.--The term ``validated personnel requirements
determination model'' means a determination of the number of
United States Border Patrol agents needed to meet the critical
mission requirements of the United States Border Patrol to
maintain an orderly process for migrants entering the United
States, that has been validated by a qualified research entity
pursuant to subsection (d).</DELETED>
<DELETED> (b) In General.--The authorized personnel level for United
States Border Patrol agents on the date of the enactment of this Act is
20,500.</DELETED>
<DELETED> (c) United States Border Patrol Personnel Requirements
Determination Model.--</DELETED>
<DELETED> (1) Completion; notice.--Not later than 180 days
after the date of the enactment of this Act, the Commissioner
shall complete a personnel requirements determination model for
United States Border Patrol that builds on the 5-year United
States Border Patrol staffing and deployment plan referred to
on page 33 of House of Representatives Report 112-91 (May 26,
2011) and submit a notice of completion to--</DELETED>
<DELETED> (A) the appropriate congressional
committees;</DELETED>
<DELETED> (B) the Director of the Office of
Personnel Management; and</DELETED>
<DELETED> (C) the Comptroller General of the United
States.</DELETED>
<DELETED> (2) Certification.--Not later than 30 days after
the completion of the personnel requirements determination
model described in paragraph (1), the Commissioner shall submit
a copy of such model and a strategy for obtaining third-party
validation of such model, to--</DELETED>
<DELETED> (A) the appropriate congressional
committees;</DELETED>
<DELETED> (B) the Office of Personnel Management;
and</DELETED>
<DELETED> (C) the Comptroller General of the United
States.</DELETED>
<DELETED> (d) Independent Study of Personnel Requirements
Determination Model.--</DELETED>
<DELETED> (1) Requirement for study.--Not later than 90 days
after the completion of the personnel requirements
determination model pursuant to subsection (c)(1), the
Secretary of Homeland Security shall enter into a contract with
a qualified research entity to conduct a study that analyzes
the validity of the model.</DELETED>
<DELETED> (2) Reports.--</DELETED>
<DELETED> (A) To secretary.--Not later than 1 year
after the completion of the personnel requirements
determination model under subsection (c)(1), the
qualified research entity shall submit a report to the
Secretary of Homeland Security that includes--
</DELETED>
<DELETED> (i) the results of the study
required under paragraph (1); and</DELETED>
<DELETED> (ii) any recommendations regarding
the model that the qualified research entity
considers to be appropriate.</DELETED>
<DELETED> (B) To congress.--Not later than 30 days
after receiving the report described in subparagraph
(A), the Secretary of Homeland Security shall submit
such report, along with any additional views or
recommendations regarding the personnel requirements
determination model, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives.</DELETED>
<DELETED> (e) Authority To Adjust Authorized Personnel Level.--
Beginning on the date that is 180 days after receiving a report
pursuant to subsection (d)(2) that validates the personnel requirements
determination model, the Secretary of Homeland Security may adjust the
authorized personnel level for the United States Border Patrol to a
level that does not exceed the level recommended by the validated
personnel requirements determination model.</DELETED>
<DELETED>SEC. 3. ESTABLISHMENT OF HIGHER MINIMUM RATES OF PAY FOR
UNITED STATES BORDER PATROL AGENTS.</DELETED>
<DELETED> (a) Higher Minimum Rate of Pay.--Not later than January 1,
2023, the Director of the Office of Personnel Management--</DELETED>
<DELETED> (1) shall, in accordance with section 5305 of
title 5, United States Code--</DELETED>
<DELETED> (A) increase the minimum rate of pay for
United States Border Patrol agents at the grade GS-12
of the General Schedule by not less than 14 percent;
and</DELETED>
<DELETED> (B) increase other grades or levels,
occupational groups, series, classes, or subdivisions
thereof, as determined by the Secretary of Homeland
Security; and</DELETED>
<DELETED> (2) may make increases in all rates in the pay
range for each such grade or level, in accordance with such
section 5305.</DELETED>
<DELETED> (b) Inapplicability.--The discretion granted to agency
heads under section 5305(a)(2) of title 5, United States Code, shall
not apply to increase in rates of pay authorized under subsection
(a).</DELETED>
<DELETED>SEC. 4. CONTINUING TRAINING.</DELETED>
<DELETED> (a) In General.--The Commissioner shall require all United
States Border Patrol agents and other employees or contracted employees
designated by the Commissioner, to participate in annual continuing
training to maintain and update their understanding of--</DELETED>
<DELETED> (1) Department of Homeland Security policies,
procedures, and guidelines;</DELETED>
<DELETED> (2) the fundamentals of law, ethics, and
professional conduct;</DELETED>
<DELETED> (3) applicable Federal law and
regulations;</DELETED>
<DELETED> (4) precedential legal rulings, including Federal
Circuit Court and United States Supreme Court opinions relating
to the duty of care and treatment of persons in the custody of
the United States Border Patrol that the Commissioner
determines are relevant to active duty agents;</DELETED>
<DELETED> (5) applicable migration trends that the
Commissioner determines are relevant;</DELETED>
<DELETED> (6) best practices for coordinating with community
stakeholders; and</DELETED>
<DELETED> (7) any other information that the Commissioner
determines to be relevant to active duty agents.</DELETED>
<DELETED> (b) Training Subjects.--Continuing training under this
subsection shall include training regarding--</DELETED>
<DELETED> (1) non-lethal use of force policies available to
United States Border Patrol agents and de-escalation strategies
and methods;</DELETED>
<DELETED> (2) identifying, screening, and responding to
vulnerable populations, such as children, persons with
diminished mental capacity, victims of human trafficking,
pregnant mothers, victims of gender-based violence, victims of
torture or abuse, and the acutely ill;</DELETED>
<DELETED> (3) trends in transnational criminal organization
activities that impact border security and migration;</DELETED>
<DELETED> (4) policies, strategies, and programs--</DELETED>
<DELETED> (A) to protect due process, the civil,
human, and privacy rights of individuals, and the
private property rights of land owners;</DELETED>
<DELETED> (B) to reduce the number of migrant and
agent deaths; and</DELETED>
<DELETED> (C) to improve the safety of agents on
patrol;</DELETED>
<DELETED> (5) personal resilience;</DELETED>
<DELETED> (6) anti-corruption and officer ethics
training;</DELETED>
<DELETED> (7) current migration trends, including updated
cultural and societal issues of nations that are a significant
source of migrants who are--</DELETED>
<DELETED> (A) arriving at a United States port of
entry to seek humanitarian protection; or</DELETED>
<DELETED> (B) encountered at a United States
international boundary while attempting to enter
without inspection;</DELETED>
<DELETED> (8) the impact of border security operations on
natural resources and the environment, including strategies to
limit the impact of border security operations on natural
resources and the environment;</DELETED>
<DELETED> (9) relevant cultural, societal, racial, and
religious training, including cross-cultural communication
skills;</DELETED>
<DELETED> (10) training authorized under the Prison Rape
Elimination Act of 2003 (42 U.S.C. 15601 et seq.);</DELETED>
<DELETED> (11) risk management and safety training that
includes agency protocols for ensuring public safety, personal
safety, and the safety of persons in the custody of the
Department of Homeland Security;</DELETED>
<DELETED> (12) non-lethal, self-defense training;
and</DELETED>
<DELETED> (13) any other training that meets the
requirements to maintain and update the subjects identified in
subsection (a).</DELETED>
<DELETED> (c) Course Requirements.--Courses offered under this
section--</DELETED>
<DELETED> (1) shall be administered by the United States
Border Patrol, in consultation with the Federal Law Enforcement
Training Center; and</DELETED>
<DELETED> (2) shall be approved in advance by the
Commissioner of U.S. Customs and Border Protection to ensure
that such courses satisfy the requirements for training under
this section.</DELETED>
<DELETED> (d) Assessment.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the United States
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 assesses the training and
education provided pursuant to this section, including continuing
education.</DELETED>
<DELETED> (e) Frequency Requirements.--Training offered as part of
continuing education under this section shall include--</DELETED>
<DELETED> (1) annual courses focusing on the curriculum
described in paragraphs (1) through (6) of subsection (b);
and</DELETED>
<DELETED> (2) biannual courses focusing on curriculum
described in paragraphs (7) through (12) of subsection
(b).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Patrol Enhancement Act''.
SEC. 2. AUTHORIZED STAFFING LEVEL FOR THE UNITED STATES BORDER PATROL.
(a) Defined Term.--In this Act, the term ``validated personnel
requirements determination model'' means a determination of the number
of United States Border Patrol agents needed to meet the critical
mission requirements of the United States Border Patrol to maintain an
orderly process for migrants entering the United States, that has been
validated by a qualified research entity pursuant to subsection (c).
(b) United States Border Patrol Personnel Requirements
Determination Model.--
(1) Completion; notice.--Not later than 180 days after the
date of the enactment of this Act, the Commissioner shall
complete a personnel requirements determination model for
United States Border Patrol that builds on the 5-year United
States Border Patrol staffing and deployment plan referred to
on page 33 of House of Representatives Report 112-91 (May 26,
2011) and submit a notice of completion to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives;
(C) the Director of the Office of Personnel
Management; and
(D) the Comptroller General of the United States.
(2) Certification.--Not later than 30 days after the
completion of the personnel requirements determination model
described in paragraph (1), the Commissioner shall submit a
copy of such model, an explanation of its development, and a
strategy for obtaining independent verification of such model,
to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives;
(C) the Office of Personnel Management; and
(D) the Comptroller General of the United States.
(c) Independent Study of Personnel Requirements Determination
Model.--
(1) Requirement for study.--Not later than 90 days after
the completion of the personnel requirements determination
model pursuant to subsection (b)(1), the Secretary of Homeland
Security shall select an entity that is technically,
managerially, and financially independent from the Department
of Homeland Security to conduct an independent verification and
validation of the model.
(2) Reports.--
(A) To secretary.--Not later than 1 year after the
completion of the personnel requirements determination
model under subsection (b)(1), the entity performing
the independent verification and validation of the
model shall submit a report to the Secretary of
Homeland Security that includes--
(i) the results of the study conducted
pursuant to paragraph (1); and
(ii) any recommendations regarding the
model that such entity considers to be
appropriate.
(B) To congress.--Not later than 30 days after
receiving the report described in subparagraph (A), the
Secretary of Homeland Security shall submit such
report, along with any additional views or
recommendations regarding the personnel requirements
determination model, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives.
(d) Authority To Hire Additional Personnel.--Beginning on the date
that is 180 days after receiving a report from a qualified research
entity pursuant to subsection (c)(2) that validates the personnel
requirements determination model and after implementing any
recommendations to improve or update such model, the Secretary of
Homeland Security may hire, train, and assign 600 or more United States
Border Patrol agents above the attrition level during every fiscal year
until the number of active agents meets the level recommended by the
validated personnel requirements determination model.
SEC. 3. ESTABLISHMENT OF HIGHER RATES OF REGULARLY SCHEDULED OVERTIME
PAY FOR UNITED STATES BORDER PATROL AGENTS CLASSIFIED AT
GS-12.
Section 5550 of title 5, United States Code, is amended by adding
at the end the following:
``(h) Special Overtime Pay for GS-12 Border Patrol Agents.--
``(1) In general.--Notwithstanding paragraphs (1)(F),
(2)(C), and (3)(C) of subsection (b), a border patrol agent
encumbering a position at grade GS-12 shall receive a special
overtime payment under this subsection for hours of regularly
scheduled work described in paragraph (2)(A)(ii) or (3)(A)(ii)
of subsection (b), as applicable, that are credited to the
agent through actual performance of work, crediting under rules
for canine agents under subsection (b)(1)(F), or substitution
of overtime hours in the same work period under subsection
(f)(2)(A), except that no such payment may be made for periods
of absence resulting in an hours obligation under paragraph (3)
or (4) of subsection (f).
``(2) Computation.--The special overtime payment authorized
under paragraph (1) shall be computed by multiplying the
credited hours by 50 percent of the border patrol agent's
hourly rate of basic pay, rounded to the nearest cent.
``(3) Limitations.--The special overtime payment authorized
under paragraph (1)--
``(A) is not considered basic pay for retirement
under section 8331(3) or 8401(4) or for any other
purpose;
``(B) is not payable during periods of paid leave
or other paid time off; and
``(C) is not considered in computing an agent's
lump-sum annual leave payment under sections 5551 and
5552.''.
SEC. 4. GAO ASSESSMENT OF RECRUITING EFFORTS, HIRING REQUIREMENTS, AND
RETENTION OF LAW ENFORCEMENT PERSONNEL.
The Comptroller General of the United States shall--
(1) conduct an assessment of U.S. Customs and Border
Protection's--
(A) efforts to recruit law enforcement personnel;
(B) hiring process and job requirements relating to
such recruitment; and
(C) retention of law enforcement personnel,
including the impact of employee compensation on such
retention efforts; and
(2) not later than 2 years after the date of the enactment
of this Act, submit a report containing the results of such
assessment to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
SEC. 5. CONTINUING TRAINING.
(a) In General.--The Commissioner shall require all United States
Border Patrol agents and other employees or contracted employees
designated by the Commissioner, to participate in annual continuing
training to maintain and update their understanding of--
(1) Department of Homeland Security policies, procedures,
and guidelines;
(2) the fundamentals of law, ethics, and professional
conduct;
(3) applicable Federal law and regulations;
(4) precedential legal rulings, including Federal Circuit
Court and United States Supreme Court opinions relating to the
duty of care and treatment of persons in the custody of the
United States Border Patrol that the Commissioner determines
are relevant to active duty agents;
(5) applicable migration trends that the Commissioner
determines are relevant;
(6) best practices for coordinating with community
stakeholders; and
(7) any other information that the Commissioner determines
to be relevant to active duty agents.
(b) Training Subjects.--Continuing training under this subsection
shall include training regarding--
(1) non-lethal use of force policies available to United
States Border Patrol agents and de-escalation strategies and
methods;
(2) identifying, screening, and responding to vulnerable
populations, such as children, persons with diminished mental
capacity, victims of human trafficking, pregnant mothers,
victims of gender-based violence, victims of torture or abuse,
and the acutely ill;
(3) trends in transnational criminal organization
activities that impact border security and migration;
(4) policies, strategies, and programs--
(A) to protect due process, the civil, human, and
privacy rights of individuals, and the private property
rights of land owners;
(B) to reduce the number of migrant and agent
deaths; and
(C) to improve the safety of agents on patrol;
(5) personal resilience;
(6) anti-corruption and officer ethics training;
(7) current migration trends, including updated cultural
and societal issues of nations that are a significant source of
migrants who are--
(A) arriving at a United States port of entry to
seek humanitarian protection; or
(B) encountered at a United States international
boundary while attempting to enter without inspection;
(8) the impact of border security operations on natural
resources and the environment, including strategies to limit
the impact of border security operations on natural resources
and the environment;
(9) relevant cultural, societal, racial, and religious
training, including cross-cultural communication skills;
(10) training authorized under the Prison Rape Elimination
Act of 2003 (42 U.S.C. 15601 et seq.);
(11) risk management and safety training that includes
agency protocols for ensuring public safety, personal safety,
and the safety of persons in the custody of the Department of
Homeland Security;
(12) non-lethal, self-defense training; and
(13) any other training that meets the requirements to
maintain and update the subjects identified in subsection (a).
(c) Course Requirements.--Courses offered under this section--
(1) shall be administered by the United States Border
Patrol, in consultation with the Federal Law Enforcement
Training Center; and
(2) shall be approved in advance by the Commissioner of
U.S. Customs and Border Protection to ensure that such courses
satisfy the requirements for training under this section.
(d) Assessment.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
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 assesses the training and
education provided pursuant to this section, including continuing
education.
(e) Frequency Requirements.--Training offered as part of continuing
education under this section shall include--
(1) annual courses focusing on the curriculum described in
paragraphs (1) through (6) of subsection (b); and
(2) biannual courses focusing on curriculum described in
paragraphs (7) through (12) of subsection (b).
SEC. 6. REPORTING REQUIREMENTS.
(a) Recruitment and Retention Report.--The Comptroller General of
the United States shall--
(1) conduct a study of the recruitment and retention of
female agents in the United States Border Patrol that
examines--
(A) the recruitment, application processes,
training, promotion, and other aspects of employment
for women in the United States Border Patrol;
(B) the training, complaints system, and redress
for sexual harassment and assault; and
(C) additional issues related to recruitment and
retention of female Border Patrol agents; and
(2) not later than 1 year after the date of the enactment
of this Act, submit a report containing the results of such
study and recommendations for addressing any identified
deficiencies or opportunities for improvement to--
(A) the Commissioner of U.S. Customs and Border
Protection;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of the House
of Representatives.
(b) Implementation Report.--Not later than 90 days after receiving
the recruitment and retention report required under subsection (a), 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 Commissioner's efforts to implement any recommendations
included in recruitment and retention report.
Calendar No. 670
118th CONGRESS
2d Session
S. 1444
[Report No. 118-267]
_______________________________________________________________________
A BILL
To increase the pay and enhance the training of United States Border
Patrol agents, and for other purposes.
_______________________________________________________________________
December 9, 2024
Reported with an amendment