Border Patrol Enhancement Act

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1444 Introduced in Senate (IS)]

&lt;DOC&gt;






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).
                                 &lt;all&gt;
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