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[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.
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