Border Patrol Enhancement Act
This bill addresses various issues related to U.S. Border Patrol staffing.
For example, the bill (1) establishes the Border Patrol Reserve; (2) establishes for the U.S. Border Patrol an authorized personnel level of 20,500 agents, which may be adjusted by the Department of Homeland Security; (3) requires the U.S. Border Patrol to complete a personnel requirements determination model; and (4) provides for higher minimum pay rates for agents.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4775 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4775
To establish and authorize funding for a Border Patrol Reserve, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4, 2022
Mr. Portman (for himself, Ms. Sinema, Mr. Kelly, and Mr. Lankford)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To establish and authorize funding for a Border Patrol Reserve, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Patrol Enhancement Act''.
SEC. 2. BORDER PATROL RESERVE.
(a) Establishment.--There is established within the United States
Border Patrol, the Border Patrol Reserve, which shall be organized,
administered, trained, and supplied under the direction of the
Commissioner of U.S. Customs and Border Protection (referred to in this
Act as the ``Commissioner'').
(b) Purpose.--The purpose of the Border Patrol Reserve is to
augment and support the mission of the United States Border Patrol.
(c) Authorized Size.--
(1) In general.--Subject to paragraph (2), the Secretary of
Homeland Security shall--
(A) prescribe the initial authorized size of the
Border Patrol Reserve; and
(B) not less frequently than annually, review and
adjust, if necessary, the authorized size of the Border
Patrol Reserve.
(2) Limitation.--The number of Border Patrol Reserve agents
may not exceed 2,500 at any time.
(3) Resources.--The Commissioner shall make available to
the United States Border Patrol such services, facilities, and
appropriations that may be necessary to activate and effectuate
the purposes of the Border Patrol Reserve.
(d) Qualifications.--Each Border Patrol Reserve agent--
(1) shall have previously served as a full-time United
States Border Patrol agent for at least 5 years;
(2) may not have been subject to any disciplinary actions
described in section 7512 of title 5, United States Code,
during their tenure with the United States Border Patrol;
(3) shall be serving as--
(A) a Federal law enforcement officer (as defined
in section 115(c) of title 18, United States Code); or
(B) a law enforcement officer (as defined in
section 2503 of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10533));
(4) shall be subject to the mandatory separation
requirements under section 8335(b) or 8425(b) of title 5,
United States Code; and
(5) shall meet any other qualifications established by the
Commissioner.
(e) Powers; Duties; Compensation.--
(1) In general.--The Commissioner shall--
(A) specify the law enforcement powers and duties
that will be given to Border Patrol Reserve agents,
which powers and duties shall only be effective while
such agents are on activated status;
(B) confer upon such agents the same grades as
provided for other Border Patrol agents, to the extent
warranted based on their respective qualifications and
experience; and
(C) provide such agents with the pay and allowances
associated with their rank, grade, or rating while they
are in active duty with the basic border patrol rate of
pay, as adjusted under this Act, including matching
funds under the Thrift Savings Plan for pay received
during such duty.
(2) Exception.--Notwithstanding paragraph (1)(C), Border
Patrol Reserve agents may not be required to work the minimum
number of hours or days set forth in section 5550(b)(4) of
title 5, United States Code.
(3) Compensation from employer.--Any Border Patrol Reserve
agent who, immediately before beginning duty as a Border Patrol
Reserve agent, was receiving compensation as a law enforcement
officer (as defined in section 2503 of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10533)), and
did not resign from such position, may continue to receive such
compensation from a law enforcement agency while on such duty.
(4) Effect on creditable service.--
(A) In general.--Any Border Patrol Reserve agent
who is not described in subparagraph (B) or (C) shall
receive creditable service under the Federal Employees
Retirement System upon the commencement of active duty.
(B) Federal law enforcement agent.--Any Border
Patrol Reserve agent who, immediately before such duty,
was serving as a Federal law enforcement agent and did
not resign from such position, shall not receive
additional creditable service under the Federal
Employees Retirement System or the Civil Service
Retirement System while on such duty.
(f) Effect of Injury or Death.--
(1) In general.--Any Border Patrol Reserve agent who
sustains a physical injury, contracts a disease or sickness, or
dies as a result of service while performing duty under this
section, or while engaged in authorized travel to or from such
duty is entitled to compensation as a Federal employee in
accordance with chapter 81 of title 5, United States, Code.
(2) Workers' compensation claims.--For the purposes of
workers' compensation claims relating to performing duty as a
Border Patrol Reserve agent, such agents shall be considered
employees (as defined in section 8101 of title 5, United States
Code).
(g) Rates of Pay; Travel Costs.--The Commissioner shall--
(1) provide all Border Patrol Reserve agents hourly pay at
a rate equivalent to the rate paid to an employee classified at
the grade level conferred by the Commissioner under subsection
(e)(1)(B) for any time spent by such agents to fulfill
applicable training requirements; and
(2) reimburse such agents for the costs associated with
travel to and from in-person training.
(h) Report.--Not later than 1 year after the date of the enactment
of this Act, and each fiscal year thereafter through fiscal year 2028,
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 the utilization of Border Patrol Reserve agents that
describes--
(1) the powers, duties, and compensation of Border Patrol
Reserve agents;
(2) the number of Border Patrol Reserve agents who were
activated during the report period, disaggregated by U.S.
Border Patrol sector;
(3) the compliance rate for completing the training courses
required of Border Patrol Reserve agents and the training
provided to Border Patrol Reserve agents during the report
period; and
(4) the total costs incurred during the reporting period by
the Border Patrol Reserve.
SEC. 3. AUTHORIZED STAFFING LEVEL FOR THE UNITED STATES BORDER PATROL.
(a) Definitions.--In this section:
(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.
(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).
(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.
(c) 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 appropriate congressional committees;
(B) the Director of the Office of Personnel
Management; and
(C) 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 and a strategy for obtaining third-party
validation of such model, to--
(A) the appropriate congressional committees;
(B) the Office of Personnel Management; and
(C) the Comptroller General of the United States.
(d) 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 (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.
(2) Reports.--
(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--
(i) the results of the study required under
paragraph (1); and
(ii) any recommendations regarding the
model that the qualified research 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.
(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.
SEC. 4. ESTABLISHMENT OF HIGHER MINIMUM RATES OF PAY FOR UNITED STATES
BORDER PATROL AGENTS.
(a) Higher Minimum Rate of Pay.--Not later than January 1, 2023,
the Director of the Office of Personnel Management--
(1) shall, in accordance with section 5305 of title 5,
United States Code--
(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
(B) increase other grades or levels, occupational
groups, series, classes, or subdivisions thereof, as
determined by the Secretary of Homeland Security; and
(2) may make increases in all rates in the pay range for
each such grade or level, in accordance with such section 5305.
(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).
SEC. 5. CONTINUING TRAINING.
(a) In General.--The Commissioner shall require all United States
Border Patrol agents, including Border Patrol Reserve 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, 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).
(f) Border Patrol Reserve Training.--The Commissioner shall--
(1) establish such requirements as may be necessary for the
training and familiarization of Border Patrol Reserve agents,
which shall include--
(A) medical fitness screenings and the continuing
training described in this section;
(B) requirements for in-person or virtual training
to ensure that such agents maintain the capabilities
necessary to perform their duties; and
(C) firearms training and qualification,
commensurate with the requirements for United States
Border Patrol agents;
(2) establish and require completion of a comprehensive in-
person training and familiarization program for Border Patrol
Reserve Agents upon activation before utilizing those Reserve
agents in operational roles; and
(3) take actions necessary, up to and including separation
for any Border Patrol Reserve Agent who does not adhere to the
requirements established by the Commissioner for training and
familiarization.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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