Border Patrol Enhancement Act
This bill addresses various issues related to U.S. Border Patrol staffing.
The bill 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 using a validated personnel requirements determination model required by this bill. Specifically, the U.S. Border Patrol must complete a personnel requirements determination model and contract with a research entity to analyze the validity of the model.
The bill also provides for higher minimum pay rates for agents.
Furthermore, the U.S. Border Patrol must require agents, employees, and certain contract employees to participate in continuing education on various topics, including (1) the nonlethal use of force policies and de-escalation strategies; (2) identifying and responding to vulnerable populations, such as children and victims of human trafficking; and (3) relevant cultural, societal, racial, and religious training.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1444 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1444
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 and Ms. Sinema) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
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,
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) 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. 3. 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. 4. 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).
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 118-267.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 118-267.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 670.
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