[Congressional Record Volume 169, Number 124 (Wednesday, July 19, 2023)]
[Senate]
[Pages S3407-S3409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 954. Mr. LANKFORD (for himself and Ms. Sinema) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

        Subtitle A--Border Patrol Pay and Training Enhancements

     SEC. ___1. SHORT TITLE.

       This subtitle may be cited as the ``Border Patrol 
     Enhancement Act''.

     SEC. ___2. AUTHORIZED STAFFING LEVEL FOR THE UNITED STATES 
                   BORDER PATROL.

       (a) Definitions.--In this subtitle:
       (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 (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;

[[Page S3408]]

       (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 a qualified research 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, 
     provided that such model has been validated by the qualified 
     research entity.

     SEC. ___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.''.

     SEC. ___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.

     SEC. ___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).

     SEC. ___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.

[[Page S3409]]

       (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.
                                 ______