II Calendar No. 670 118th CONGRESS 2d Session S. 1444 [Report No. 118–267] 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.

1. Short title This Act may be cited as the Border Patrol Enhancement Act . 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. 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). 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).

1. Short title This Act may be cited as the Border Patrol Enhancement Act . 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. 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. . 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 . 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). 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.

December 9, 2024 Reported with an amendment