II Calendar No. 670 118TH CONGRESS 2D SESSION S. 1444 [Report No. 118–267] 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, 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Border Patrol En- 4 hancement Act’’. 5 VerDate Sep 11 2014 00:37 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1444.RS S1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 1444 RS SEC. 2. AUTHORIZED STAFFING LEVEL FOR THE UNITED 1 STATES BORDER PATROL. 2 (a) DEFINITIONS.—In this section: 3 (1) QUALIFIED RESEARCH ENTITY.—The term 4 ‘‘qualified research entity’’ means an independent, 5 not-for-profit, federally funded research entity with 6 appropriate expertise and analytical capability to 7 analyze and validate the personnel requirements de- 8 termination model. 9 (2) VALIDATED PERSONNEL REQUIREMENTS 10 DETERMINATION MODEL.—The term ‘‘validated per- 11 sonnel requirements determination model’’ means a 12 determination of the number of United States Bor- 13 der Patrol agents needed to meet the critical mission 14 requirements of the United States Border Patrol to 15 maintain an orderly process for migrants entering 16 the United States, that has been validated by a 17 qualified research entity pursuant to subsection (d). 18 (b) IN GENERAL.—The authorized personnel level for 19 United States Border Patrol agents on the date of the en- 20 actment of this Act is 20,500. 21 (c) UNITED STATES BORDER PATROL PERSONNEL 22 REQUIREMENTS DETERMINATION MODEL.— 23 (1) COMPLETION; NOTICE.—Not later than 180 24 days after the date of the enactment of this Act, the 25 Commissioner shall complete a personnel require- 26 VerDate Sep 11 2014 00:37 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1444.RS S1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 1444 RS ments determination model for United States Border 1 Patrol that builds on the 5-year United States Bor- 2 der Patrol staffing and deployment plan referred to 3 on page 33 of House of Representatives Report 4 112–91 (May 26, 2011) and submit a notice of com- 5 pletion to— 6 (A) the appropriate congressional commit- 7 tees; 8 (B) the Director of the Office of Personnel 9 Management; and 10 (C) the Comptroller General of the United 11 States. 12 (2) CERTIFICATION.—Not later than 30 days 13 after the completion of the personnel requirements 14 determination model described in paragraph (1), the 15 Commissioner shall submit a copy of such model and 16 a strategy for obtaining third-party validation of 17 such model, to— 18 (A) the appropriate congressional commit- 19 tees; 20 (B) the Office of Personnel Management; 21 and 22 (C) the Comptroller General of the United 23 States. 24 VerDate Sep 11 2014 00:37 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1444.RS S1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 1444 RS (d) INDEPENDENT STUDY OF PERSONNEL REQUIRE- 1 MENTS DETERMINATION MODEL.— 2 (1) REQUIREMENT FOR STUDY.—Not later than 3 90 days after the completion of the personnel re- 4 quirements determination model pursuant to sub- 5 section (c)(1), the Secretary of Homeland Security 6 shall enter into a contract with a qualified research 7 entity to conduct a study that analyzes the validity 8 of the model. 9 (2) REPORTS.— 10 (A) TO SECRETARY.—Not later than 1 11 year after the completion of the personnel re- 12 quirements determination model under sub- 13 section (c)(1), the qualified research entity shall 14 submit a report to the Secretary of Homeland 15 Security that includes— 16 (i) the results of the study required 17 under paragraph (1); and 18 (ii) any recommendations regarding 19 the model that the qualified research entity 20 considers to be appropriate. 21 (B) TO CONGRESS.—Not later than 30 22 days after receiving the report described in sub- 23 paragraph (A), the Secretary of Homeland Se- 24 curity shall submit such report, along with any 25 VerDate Sep 11 2014 00:37 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1444.RS S1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 1444 RS additional views or recommendations regarding 1 the personnel requirements determination 2 model, to the Committee on Homeland Security 3 and Governmental Affairs of the Senate and the 4 Committee on Homeland Security of the House 5 of Representatives. 6 (e) AUTHORITY TO ADJUST AUTHORIZED PER- 7 SONNEL LEVEL.—Beginning on the date that is 180 days 8 after receiving a report pursuant to subsection (d)(2) that 9 validates the personnel requirements determination model, 10 the Secretary of Homeland Security may adjust the au- 11 thorized personnel level for the United States Border Pa- 12 trol to a level that does not exceed the level recommended 13 by the validated personnel requirements determination 14 model. 15 SEC. 3. ESTABLISHMENT OF HIGHER MINIMUM RATES OF 16 PAY FOR UNITED STATES BORDER PATROL 17 AGENTS. 18 (a) HIGHER MINIMUM RATE OF PAY.—Not later 19 than January 1, 2023, the Director of the Office of Per- 20 sonnel Management— 21 (1) shall, in accordance with section 5305 of 22 title 5, United States Code— 23 (A) increase the minimum rate of pay for 24 United States Border Patrol agents at the 25 VerDate Sep 11 2014 00:37 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1444.RS S1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 1444 RS grade GS–12 of the General Schedule by not 1 less than 14 percent; and 2 (B) increase other grades or levels, occupa- 3 tional groups, series, classes, or subdivisions 4 thereof, as determined by the Secretary of 5 Homeland Security; and 6 (2) may make increases in all rates in the pay 7 range for each such grade or level, in accordance 8 with such section 5305. 9 (b) INAPPLICABILITY.—The discretion granted to 10 agency heads under section 5305(a)(2) of title 5, United 11 States Code, shall not apply to increase in rates of pay 12 authorized under subsection (a). 13 SEC. 4. CONTINUING TRAINING. 14 (a) IN GENERAL.—The Commissioner shall require 15 all United States Border Patrol agents and other employ- 16 ees or contracted employees designated by the Commis- 17 sioner, to participate in annual continuing training to 18 maintain and update their understanding of— 19 (1) Department of Homeland Security policies, 20 procedures, and guidelines; 21 (2) the fundamentals of law, ethics, and profes- 22 sional conduct; 23 (3) applicable Federal law and regulations; 24 VerDate Sep 11 2014 00:37 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1444.RS S1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 1444 RS (4) precedential legal rulings, including Federal 1 Circuit Court and United States Supreme Court 2 opinions relating to the duty of care and treatment 3 of persons in the custody of the United States Bor- 4 der Patrol that the Commissioner determines are 5 relevant to active duty agents; 6 (5) applicable migration trends that the Com- 7 missioner determines are relevant; 8 (6) best practices for coordinating with commu- 9 nity stakeholders; and 10 (7) any other information that the Commis- 11 sioner determines to be relevant to active duty 12 agents. 13 (b) TRAINING SUBJECTS.—Continuing training 14 under this subsection shall include training regarding— 15 (1) non-lethal use of force policies available to 16 United States Border Patrol agents and de-esca- 17 lation strategies and methods; 18 (2) identifying, screening, and responding to 19 vulnerable populations, such as children, persons 20 with diminished mental capacity, victims of human 21 trafficking, pregnant mothers, victims of gender- 22 based violence, victims of torture or abuse, and the 23 acutely ill; 24 VerDate Sep 11 2014 00:37 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1444.RS S1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 1444 RS (3) trends in transnational criminal organiza- 1 tion activities that impact border security and mi- 2 gration; 3 (4) policies, strategies, and programs— 4 (A) to protect due process, the civil, 5 human, and privacy rights of individuals, and 6 the private property rights of land owners; 7 (B) to reduce the number of migrant and 8 agent deaths; and 9 (C) to improve the safety of agents on pa- 10 trol; 11 (5) personal resilience; 12 (6) anti-corruption and officer ethics training; 13 (7) current migration trends, including updated 14 cultural and societal issues of nations that are a sig- 15 nificant source of migrants who are— 16 (A) arriving at a United States port of 17 entry to seek humanitarian protection; or 18 (B) encountered at a United States inter- 19 national boundary while attempting to enter 20 without inspection; 21 (8) the impact of border security operations on 22 natural resources and the environment, including 23 strategies to limit the impact of border security op- 24 erations on natural resources and the environment; 25 VerDate Sep 11 2014 00:37 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1444.RS S1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 1444 RS (9) relevant cultural, societal, racial, and reli- 1 gious training, including cross-cultural communica- 2 tion skills; 3 (10) training authorized under the Prison Rape 4 Elimination Act of 2003 (42 U.S.C. 15601 et seq.); 5 (11) risk management and safety training that 6 includes agency protocols for ensuring public safety, 7 personal safety, and the safety of persons in the cus- 8 tody of the Department of Homeland Security; 9 (12) non-lethal, self-defense training; and 10 (13) any other training that meets the require- 11 ments to maintain and update the subjects identified 12 in subsection (a). 13 (c) COURSE REQUIREMENTS.—Courses offered under 14 this section— 15 (1) shall be administered by the United States 16 Border Patrol, in consultation with the Federal Law 17 Enforcement Training Center; and 18 (2) shall be approved in advance by the Com- 19 missioner of U.S. Customs and Border Protection to 20 ensure that such courses satisfy the requirements for 21 training under this section. 22 (d) ASSESSMENT.—Not later than 2 years after the 23 date of the enactment of this Act, the Comptroller General 24 of the United States shall submit a report to the Com- 25 VerDate Sep 11 2014 00:37 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1444.RS S1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 1444 RS mittee on Homeland Security and Governmental Affairs 1 of the Senate and the Committee on Homeland Security 2 of the House of Representatives that assesses the training 3 and education provided pursuant to this section, including 4 continuing education. 5 (e) FREQUENCY REQUIREMENTS.—Training offered 6 as part of continuing education under this section shall 7 include— 8 (1) annual courses focusing on the curriculum 9 described in paragraphs (1) through (6) of sub- 10 section (b); and 11 (2) biannual courses focusing on curriculum de- 12 scribed in paragraphs (7) through (12) of subsection 13 (b). 14 SECTION 1. SHORT TITLE. 15 This Act may be cited as the ‘‘Border Patrol Enhance- 16 ment Act’’. 17 SEC. 2. AUTHORIZED STAFFING LEVEL FOR THE UNITED 18 STATES BORDER PATROL. 19 (a) DEFINED TERM.—In this Act, the term ‘‘validated 20 personnel requirements determination model’’ means a de- 21 termination of the number of United States Border Patrol 22 agents needed to meet the critical mission requirements of 23 the United States Border Patrol to maintain an orderly 24 process for migrants entering the United States, that has 25 VerDate Sep 11 2014 00:37 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S1444.RS S1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 1444 RS been validated by a qualified research entity pursuant to 1 subsection (c). 2 (b) UNITED STATES BORDER PATROL PERSONNEL 3 REQUIREMENTS DETERMINATION MODEL.— 4 (1) COMPLETION; NOTICE.—Not later than 180 5 days after the date of the enactment of this Act, the 6 Commissioner shall complete a personnel require- 7 ments determination model for United States Border 8 Patrol that builds on the 5-year United States Border 9 Patrol staffing and deployment plan referred to on 10 page 33 of House of Representatives Report 112–91 11 (May 26, 2011) and submit a notice of completion 12 to— 13 (A) the Committee on Homeland Security 14 and Governmental Affairs of the Senate; 15 (B) the Committee on Homeland Security of 16 the House of Representatives; 17 (C) the Director of the Office of Personnel 18 Management; and 19 (D) the Comptroller General of the United 20 States. 21 (2) CERTIFICATION.—Not later than 30 days 22 after the completion of the personnel requirements de- 23 termination model described in paragraph (1), the 24 Commissioner shall submit a copy of such model, an 25 VerDate Sep 11 2014 00:37 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1444.RS S1444 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 1444 RS explanation of its development, and a strategy for ob- 1 taining independent verification of such model, to— 2 (A) the Committee on Homeland Security 3 and Governmental Affairs of the Senate; 4 (B) the Committee on Homeland Security of 5 the House of Representatives; 6 (C) the Office of Personnel Management; 7 and 8 (D) the Comptroller General of the United 9 States. 10 (c) INDEPENDENT STUDY OF PERSONNEL REQUIRE- 11 MENTS DETERMINATION MODEL.— 12 (1) REQUIREMENT FOR STUDY.—Not later than 13 90 days after the completion of the personnel require- 14 ments determination model pursuant to subsection 15 (b)(1), the Secretary of Homeland Security shall se- 16 lect an entity that is technically, managerially, and 17 financially independent from the Department of 18 Homeland Security to conduct an independent 19 verification and validation of the model. 20 (2) REPORTS.— 21 (A) TO SECRETARY.—Not later than 1 year 22 after the completion of the personnel require- 23 ments determination model under subsection 24 (b)(1), the entity performing the independent 25 VerDate Sep 11 2014 00:37 D [Text truncated for display. 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