[Senate Report 118-267]
[From the U.S. Government Publishing Office]
Calendar No. 670
118th Congress} { Report
SENATE
2d Session } { 118-267
======================================================================
BORDER PATROL ENHANCEMENT ACT
__________
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 1444
TO INCREASE THE PAY AND ENHANCE THE TRAINING
OF UNITED STATES BORDER PATROL AGENTS, AND FOR
OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 9, 2024.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Christopher J. Mulkins, Director of Homeland Security
Katie A. Conley, Senior Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Megan M. Krynen, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 670
118th Congress} { Report
SENATE
2d Session } { 118-267
======================================================================
BORDER PATROL ENHANCEMENT ACT
_______
December 9, 2024.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1444]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1444) to increase
the pay and enhance the training of United States Border Patrol
agents, and for other purposes, having considered the same,
reports favorably thereon with an amendment, in the nature of a
substitute, and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
IV. Section-by-Section Analysis of the Bill, as Reported.............5
V. Evaluation of Regulatory Impact..................................8
VI. Congressional Budget Office Cost Estimate........................8
VII. Changes in Existing Law Made by the Bill, as Reported...........10
I. Purpose and Summary
S. 1444, the Border Patrol Enhancement Act, addresses U.S.
Border Patrol (USBP) staffing needs by requiring the
Commissioner of U.S. Customs and Border Protection (CBP) to
complete a personnel requirements determination model for the
USBP and obtain independent verification and validation for the
model. Following verification, validation and implementation of
recommendations to the model, the bill permits the Secretary of
Homeland Security to hire 600 agents above attrition per year
until the number of active agents meets the number identified
by the personnel requirements determination model. The bill
also requires that USBP agents at the GS-12 level be
compensated at a higher rate for regularly scheduled overtime
worked. It establishes continuing training requirements for
agents and requires the Government Accountability Office (GAO)
review CBP hiring efforts and practices. Finally, the bill
requires GAO to conduct a study on the recruitment and
retention of female agents in the USBP.
II. Background and Need for the Legislation
The Department of Homeland Security's (DHS) CBP is
responsible for safeguarding the borders of the United States
from illicit activity while facilitating legitimate trade and
travel.\1\ Within CBP, USBP, a federal law enforcement agency,
is responsible for securing the borders of the U.S. as well as
the detection and prevention of illegal entry of individuals
into the U.S.\2\ In Fiscal Year (FY) 2023, Congress provided
USBP with funding for 19,855 agents.\3\
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\1\U.S. Customs and Border Protection, About (www.cbp.gov/about)
(accessed Aug. 28, 2023).
\2\U.S. Customs and Border Protection, Border Patrol Overview
(www.cbp.gov/border-security/along-us-borders/overview) (accessed Aug.
28, 2023).
\3\Explanatory Statement Submitted by Senator Patrick Leahy, Chair
of the Senate Committee on Appropriations, Regarding H.R. 2618,
Consolidated Appropriations Act, 2023, Division F--Department of
Homeland Security Appropriations Act, 2023, Border Patrol Hiring,
Congressional Record, S8557 (Dec. 20, 2022).
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Workforce modeling and independent auditing are components
of good workforce planning according to the Office of Personnel
Management, however, the USBP does not currently maintain a
sufficient workforce staffing model.\4\ Congress initially
directed CBP to submit a USBP staffing and deployment plan in
2011, but Congress found that the report, as submitted, failed
to address any goals for border security that would shape
staffing and resource deployment and required CBP in 2013 to
submit a more complete plan.\5\ The DHS Office of Inspector
General (OIG) found that CBP completed the required USBP
workforce staffing model and also lacked the data and
procedures needed to determine operational and workload needs.
Further, the OIG report noted that because USBP was lacking a
complete model, agents may not be operating in the most
efficient manner. As the OIG report indicated, CBP has not
submitted a USBP staffing model despite repeatedly being
directed by Congress to do so.\6\ As the OIG report indicated,
CBP has not submitted a USBP staffing model despite repeatedly
being directed by Congress to do so.\7\
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\4\Office of Personnel Management, Workforce Planning Guide
(November 2022).
\5\House Committee on Appropriations, Report to Accompany H.R. 2017
(May 26, 2011) (H. Rept. 112-91); House Committee on Appropriations,
Report to Accompany H.R. 2217 (May 29, 2013) (H. Rept. 113-91).
\6\Department of Homeland Security Office of Inspector General,
Border Patrol Needs a Staffing Model to Better Plan for Hiring More
Agents (OIG-19-23) (Feb. 28, 2019).
\7\Explanatory Statement Submitted by Senator Patrick Leahy, Chair
of the Senate Committee on Appropriations, Regarding H.R. 2618,
Consolidated Appropriations Act, 2023, Division F--Department of
Homeland Security Appropriations Act, 2023, Workload Staffing Model for
Between the Ports, Congressional Record, S8557 (Dec. 20, 2022).
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The agency also continues to face evolving operational
challenges, including increasing global migration. Changing
characteristics of non-citizens that USBP encounters at the
Southern Border, including citizenship and whether someone is a
part of a family unit, impact USBP processes as well as
facility capacity.\8\ In 2022, USBP saw a significant increase
in encounters of Venezuelans, Cubans, and Nicaraguans, whereas
arrivals of individuals from Mexico and northern Central
America had previously accounted for 53% of unique
encounters.\9\ In addition to demographic changes, according to
CBP data, there have also been shifts in the geographic
location CBP's encounters.\10\ The shift in encounters from one
sector to another, such as from the Rio Grande Valley Sector to
Tucson, can cause challenges by necessitating USBP quickly
shift resources and personnel from one location to another.
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\8\Senate Committee on Homeland Security and Governmental Affairs,
Testimony Submitted for the Record of Secretary Alejandro N. Mayorkas,
Department of Homeland Security, Hearing on Threats to the Homeland,
117th Cong. (Nov. 17, 2022) (S. Hrg. 117-XX).
\9\U.S. Customs and Border Protection, CBP Releases November 2022
Monthly Operational Update (Dec. 23, 2022).
\10\U.S. Customs and Border Protection, Southwest Land Border
Encounters (By Component) (www.cbp.gov/newsroom/stats/southwest-land-
border-encounters-by-component) (accessed Aug. 28, 2023).
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A 2018 GAO report noted that USBP has faced staffing
challenges, which CBP attributed to high attrition rates in
some locations, the length of the hiring process, and
competition from other law enforcement agencies.\11\ Due to the
nature of their work, federal law enforcement officials may not
be able to end their shift as scheduled if they are completing
a law enforcement action, such as an arrest, and their roles
may require a substantial amount of unpredictable overtime.\12\
Accordingly, federal law enforcement officials generally use
Administratively Uncontrollable Overtime (AUO). However, since
2016, USBP agents have been exempt from the Federal Labor
Standards Act (FLSA) overtime requirements that guarantee
overtime pay for non-exempt employees at a rate of 150% of
regular pay.\13\ The FLSA exemption passed as part of the
Border Patrol Agent Pay Reform Act of 2014 (BPAPRA), which
established a new pay and overtime system specific to USBP
agents. Congress passed this law in response to reports of
abuse of AUO pay. Under BPAPRA, agents elect their preferred
overtime schedule at the beginning of the year, choosing from
10-hour workdays with a 25% salary increase, 9-hour workdays
with a 12.5% salary increase, or 8-hour workdays with no
overtime. Stakeholders have attributed this difference between
FLSA overtime pay rate and BPAPRA overtime pay rate contributes
to attrition and retention challenges, including agents leaving
USBP for other agencies.\14\
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\11\Government Accountability Office, U.S. Customs and Border
Protection Progress and Challenges in Recruiting, Hiring, and Retaining
Law Enforcement Personnel (GAO-18-487) (June 2018).
\12\Office of Personnel Management, Policy, Pay & Leave, Pay
Administration, Fact Sheet: Guidance on Applying FLSA Overtime
Provisions to Law Enforcement Employees Receiving Administratively
Uncontrollable Overtime Pay (www.opm.gov/policy-data-oversight/pay-
leave/pay-administration/fact-sheets/guidance-on-applying-flsa-
overtime-provisions-to-law-enforcement-emp loyees-receiving-
administratively-uncontrollable-overtime-pay/) (accessed June 21,
2024); 5 CFR Sec. 550.153.
\13\Senate Committee on Homeland Security and Governmental Affairs,
Report to Accompany S. 1691 (Aug. 26, 2014) (S. Rept. 113-248).
\14\Senate Committee on Homeland Security and Governmental Affairs,
Testimony of Brandon Judd, President, National Border Patrol Council,
Hearing on Perspectives from the DHS Frontline: Evaluating Staffing
Resources and Requirements, 115th Cong. (Mar. 22, 2017) (S. Hrg. 115-
159).
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Additionally, the number of USBP agents increased
substantially following the creation of DHS.\15\ Now that those
hires are reaching 20 years of employment, USBP is entering a
period of increased personnel retirement eligibility that could
result in a higher than normal attrition rate.\16\ USBP has
also experienced challenges in recruiting and retaining women
in law enforcement positions. In 2022, CBP committed to the
30x30 initiative, an effort to increase the representation of
women in law enforcement, by having women as 30% of recruit
classes by 2030, but as of FY 2020, women only made up 8% of
USBP entry-level positions.\17\ Due to the staffing and
operational challenges outlined above, USBP has had to detail
agents from one sector to another, including from northern
border sectors, to support operations. Despite these
challenges, without a completed personnel requirements model,
it is difficult for the Executive Branch and Congress to
determine the appropriate staffing levels for USBP.
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\15\U.S. Border Patrol, Border Patrol Agent Nationwide Staffing by
Fiscal Year (Jan. 2020) (www.cbp.gov/sites/default/files/assets/
documents/2020-Jan/U.S.%20Border%20Patrol%20Fiscal%
20Year%20Staffing%20Statistics%20%28FY%201992%20-
%20FY%202019%29_0.pdf).
\16\Explanatory Statement Submitted by Senator Patrick Leahy, Chair
of the Senate Committee on Appropriations, Regarding H.R. 2618,
Consolidated Appropriations Act, 2023, Division F--Department of
Homeland Security Appropriations Act, 2023, Human Capital Strategic
Plan, Congressional Record, S8556 (Dec. 20, 2022).
\17\U.S. Customs and Border Protection, Recruitment and Retention
of Women in Law Enforcement Positions (Aug. 6, 2021); U.S. Customs and
Border Protection, CBP Commits to 30x30 Initiative (Oct. 20, 2022).
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The Border Patrol Enhancement Act would address the
staffing challenges that USBP faces by enabling the Secretary
of Homeland Security to hire, train, and assign 600 additional
agents above the attrition level to meet the levels identified
in personnel requirements model. The bill first requires that
upon completion of the model, the Secretary obtain independent
validation and verification of the model by a qualified
research entity that is technically, managerially, and
financially independent from DHS to evaluate the model and
provide recommendations for the model. The bill requires that
the entity selected to conduct the validation and verification
submit a report to the DHS Secretary that provides the results
of their study of the model as well as any recommendations
related to the model and that upon receipt of this report, the
DHS Secretary submit the report and any additional views or
recommendations on the model to Congress. The bill also
addresses recruitment and retention challenges by requiring
that USBP agents at the GS-12 level be paid time and a half
their hourly rate of basic pay. To ensure a better
understanding of CBP's recruiting, hiring, and retention
efforts and challenges, the bill requires GAO to conduct
reviews of CBP's employment practices, including a report
specifically related to USBP's recruitment, hiring, and
retention of women. Finally, as law enforcement professionals
that interact with a diverse population and carry out policies
subject to change, the bill requires continuing training to
ensure that agents are best-able to perform their duties.
III. Legislative History
Senator James Lankford (R-OK) introduced S. 1444, the
Border Patrol Enhancement Act, on May 4, 2023, with original
cosponsor Senator Kyrsten Sinema (I-AZ). The bill was referred
to the Committee on Homeland Security and Governmental Affairs.
Senators Margaret Hassan (D-NH), Thom Tillis (R-NC), and Mark
Kelly (D-AZ) joined as cosponsors on July 26, 2023.
The Committee considered S. 1444 at a business meeting on
July 19, 2023. During the business meeting, Senator Lankford
offered a substitute amendment to the bill, as well as a
modification to the substitute amendment. The Lankford
substitute amendment, as modified, incorporated technical
agency and stakeholder feedback, added a GAO assessment on CBP
recruiting efforts, hiring requirements, and retention of law
enforcement personnel, and an additional GAO study on USBP
recruitment and retention of female agents. The modified
substitute amendment also amended Section 2 related to the
personnel requirements determination model and authorized the
Secretary of Homeland Security to hire, train, and assign 600
agents per year above attrition until the number of agents
meets the level recommended by the validated personnel
requirements determination model. The modified substitute
amendment also replaced the language of Section 3 to establish
higher rates of regularly scheduled overtime pay for USBP
agents at the GS-12 level. The Committee adopted the
modification to the Lankford substitute amendment by unanimous
consent, with Senators Peters, Hassan, Sinema, Rosen, Padilla,
Ossoff, Blumenthal, Paul, Lankford, Romney, Scott, and Hawley
present. The Committee adopted the Lankford substitute
amendment, as modified, by unanimous consent, with Senators
Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, Blumenthal,
Paul, Lankford, Romney, Scott, and Hawley present.
Senator Paul offered an amendment to the bill that would
prohibit additional funds from being authorized to be
appropriated to carry out the legislation. The Committee did
not adopt the Paul amendment by a roll call vote of 2 yeas and
13 nays, with Senator Paul voting in the affirmative, and
Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff,
Blumenthal, Lankford, Romney, Scott, and Hawley voting in the
negative. Senator Johnson voted yea by proxy, and Senators
Marshall and Carper voted nay by proxy.
Senator Paul offered an amendment to the bill that would
require GAO to conduct a report on the effectiveness of the
continued training of USBP agents under this section and to
impose a 2-year sunset date on the bill. The Committee did not
adopt the Paul amendment by a roll call vote of 2 yeas and 13
nays, with Senator Paul voting in the affirmative, and Senators
Peters, Hassan, Sinema, Padilla, Ossoff, Blumenthal, Lankford,
Romney, Scott, and Hawley voting in the negative. Senator
Johnson voted yea by proxy, and Senators Carper, Rosen, and
Marshall voted nay by proxy.
The bill, as amended by the Lankford substitute amendment,
as modified, was ordered reported favorably by a roll call vote
of 10 yeas and 1 nay, with Senators Peters, Hassan, Sinema,
Padilla, Ossoff, Blumenthal, Lankford, Romney, Scott, and
Hawley voting in the affirmative, and Senator Paul voting in
the negative. Senators Carper, Rosen, Johnson, and Marshall
voted yea by proxy, for the record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``Border Patrol Enhancement Act.''
Section 2. Findings and purposes
Subsection (a) defines the term ``validated personnel
requirements determination model.''
Subsection (b) requires the Commissioner of CBP to complete
a personnel requirements determination model for USBP agents
that builds on the 5-year staffing and development plan
previously required by House of Representatives Report 112-91
no later than 180 days after the enactment of this bill.\18\ It
also requires the CBP Commissioner to submit a notice of
completion. Not later than 30 days after completion, it
requires a copy of the model, an explanation of its
development, and a strategy for obtaining verification of the
model to Congressional Committees, the Director of the Office
of Personnel Management (OPM), and the Comptroller General of
the U.S.
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\18\House Committee on Appropriations, Report to Accompany H.R.
2017 (May 26, 2011) (H. Rept. 112-91).
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Subsection (c) requires that not later than 90 days after
the completion of the personnel requirements determination
model, the Secretary of Homeland Security select an entity to
conduct an independent verification and validation of the
model. It requires that within one year of completion of the
personnel requirements determination model, the entity
performing the independent verification and validation submit a
report to the Secretary including the results of the study and
any recommendations regarding the model. It also requires the
Secretary of Homeland Security, within 30 days of receipt of
the independent verification and validation report, to submit
the report and additional views or recommendations, if any,
regarding the model to Congressional Committees.
Subsection (d) authorizes the Secretary of Homeland
Security to hire, train, and assign 600 or more USBP agents
above the attrition level during every fiscal year until the
number of active agents meets the level recommended by the
validated personnel requirements model. The authorities in this
subsection enter into effect 180 days after the Secretary of
Homeland Security receives the report under subsection (c) and
after implementing any recommendations to improve or update the
model.
Section 3. Establishment of higher rates of regularly scheduled
overtime pay for United States Border Patrol agents classified
at GS-12
This section amends Section 5550 of title 5, United States
Code, by inserting a new subsection (h) titled ``Special
Overtime Pay for GS-12 Border Patrol Agents.'' Subsection (h)
requires that USBP agents at grade GS-12 receive special
overtime payment for hours of regularly scheduled work, as
applicable, and specifies how such work shall be credited. This
section also outlines that overtime pay will be paid by
multiplying the credited hours by 50 percent of the USBP
agent's hourly rate of basic pay, rounded to the nearest cent.
This special overtime pay is not authorized to be considered
for retirement or for any other purpose. The bill specifies
that the special overtime pay is not to be payable during
periods of paid leave or other paid time off, and it is not to
be considered in computing an agent's lump-sum annual leave
payment.
Section 4. GAO assessment of recruiting efforts, hiring requirements,
and retention of law enforcement personnel
This section requires the Comptroller General of the U.S.
to conduct an assessment of CBP's efforts to recruit law
enforcement personnel hiring process and job requirements
relating to such recruiting, and retention of law enforcement
personnel, including the impact of employee compensation on
such retention efforts. It requires the Comptroller General
submit a report to Congressional committees containing the
results of the assessment within two years of enactment of this
bill.
Section 5. Continuing training
Subsection (a) requires the CBP Commissioner to require all
USBP agents and other employees, or contracted employees
designated by the Commissioner, to participate in annual
continuing training. The purpose of the required continuing
training is to maintain and update awareness of DHS' policies,
procedures, and guidelines, the fundamentals or law, ethics,
and professional conduct, applicable federal law and
regulations, precedential legal rulings related to the duty and
care and treatment of persons in the custody of USBP,
applicable and relevant migration trends, best practices for
coordinating with community stakeholders, and any other
information that the Commissioner determines to be relevant to
active duty USBP agents.
Subsection (b) outlines the specific subjects that the
continuing training is required to address.
Subsection (c) requires that the courses are administered
by USBP, in consultation with the Federal Law Enforcement
Training Center, and shall be approved in advance by the
Commissioner of CBP to ensure that such courses satisfy this
section's training requirements.
Subsection (d) requires, not later than two years after the
date of enactment of this bill, the Comptroller General assess
the training and education provided pursuant to this section,
including continuing education and submit a report to
Congressional committees.
Subsection (e) specifies the frequency requirements of the
training requirements under subsection (b).
Section 6. Reporting requirements
Subsection (a) requires the Comptroller General to conduct
a study of the recruitment and retention of female agents in
USBP. This subsection directs the study to examine the
recruitment, application processes, training, promotion, and
other aspects of recruitment, retention, and employment of
women in the USBP. This subsection also directs the study to
examine the training, complaints system, and redress for sexual
harassment and assault within USBP. It requires the Comptroller
General to submit a report to the Commissioner of CBP and
Congressional committees not later than 1 year after the date
of the enactment of this bill that contains the results of the
study and recommendations for addressing any identified
deficiencies or opportunities for improvement.
Subsection (b) requires that not later than 90 days after
receiving the report from the Comptroller General pursuant to
subsection (a), the Commissioner of CBP must submit a report to
Congressional committees that describes the status of the
Commissioner's efforts to implement any recommendations
included in the recruitment and retention report.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The bill would:
Increase overtime pay for border patrol
agents at the GS-12 level
Require Customs and Border Protection (CBP)
to develop a staffing model for border patrol agents
and contract with an independent, external organization
to evaluate the model
Authorize CBP to hire up to 600 border
patrol agents each year until its staffing level meets
the model's recommendation
Impose various reporting requirements on CBP
and the Government Accountability Office
Estimated budgetary effects would mainly stem from:
Additional compensation for border patrol
agents
Administrative and personnel costs
associated with hiring additional border patrol agents
Bill summary: S. 1444 would require Customs and Border
Protection (CBP) to develop a model to determine the number of
border patrol agents the agency needs. Under the bill, an
independent research organization would be required to evaluate
the model and submit any recommendations for improvement to the
Congress and CBP. S. 1444 would authorize CBP to hire 600
additional agents each year until the number of active agents
meets the level determined by the model. S. 1444 also would
increase the rate of pay for pre-scheduled overtime for border
patrol agents at the GS-12 level. Lastly, the bill would impose
various reporting requirements on CBP and the Government
Accountability Office (GAO).
Estimated Federal cost: The estimated budgetary effect of
S. 1444 is shown in Table 1. The costs of the legislation fall
within budget function 750 (administration of justice).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1444
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
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2024 2025 2026 2027 2028 2024-2028
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Border Patrol Hiring:
Estimated Authorization............................. 1 26 123 278 425 853
Estimated Outlays................................... 1 21 101 237 380 740
Border Patrol Overtime:
Estimated Authorization............................. 82 86 86 88 90 432
Estimated Outlays................................... 74 85 86 88 90 423
Reports:
Estimated Authorization............................. 1 1 0 0 0 2
Estimated Outlays................................... 1 1 0 0 0 2
Total Changes:
Estimated Authorization......................... 84 113 209 366 515 1,287
Estimated Outlays............................... 76 107 187 325 470 1,165
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Basis of estimate: CBO assumes that the bill will be
enacted by the end of 2023 and that the estimated amounts will
be available each year. This estimate incorporates information
from CBP but is based on CBO's projections of staffing levels
for border patrol agents.
In total, CBO estimates that implementing S. 1444 would
cost $1.2 billion over the 2024-2028 period. Such spending
would be subject to the availability of appropriated funds.
Border patrol hiring: S. 1444 would require CBP to develop
a border patrol agent staffing model and submit it to an
independent research organization for evaluation. The bill
would authorize CBP to hire an additional 600 agents each year
above attrition until agent staffing levels meet the level
recommended by the model. According to CBP, the agency is
already developing such a model. CBO expects that the agency
would need an additional $2 million over the 2024-2028 period
to have an outside contractor evaluate the model.
Based on estimated attrition and the time needed to hire
and train each agent, CBO expects that CBP could, on net, hire
an additional 1,600 agents over the 2024-2028 period, but
meeting the agency's staffing needs would take more than five
years to accomplish. CBO estimates that in 2023 the annual cost
for each agent is about $240,000, including compensation,
equipment, and processing. Additionally, CBO estimates that
training costs about $40,000 for each new agent. Finally, we
estimate that CBP would incur $10 million in costs for
administrative, recruitment, and retention activities. On that
basis, and accounting for anticipated inflation, CBO estimates
that implementing this provision would cost $740 million over
the 2024-2028 period.
Increasing border patrol overtime pay: Under current law,
border patrol agents may choose from three options for overtime
each biweekly pay period in advance of each year:
20 hours of overtime work with a
supplemental increase in pay of 25 percent over base
salary,
10 hours of overtime work with a
supplemental increase in pay of 12.5 percent over base
salary, or
no overtime work.
S. 1444 would increase overtime supplemental pay to 50
percent over base salary for border patrol agents at the GS-12
level for all overtime hours.
Using information from CBP, CBO estimates that about 65
percent of CBP's 19,000 border patrol agents are at the GS-12
level and will earn an average hourly base wage of $51.01 in
2024. In addition, CBO expects that about 95 percent of agents
would choose to work 20 hours of overtime in each pay period
and 2 percent of agents would choose to work 10 hours if the
bill were enacted. Therefore, agents who work 20 and 10 hours
of overtime would make an additional $6,375 and $4,783 in 2024,
respectively. Using information about expected agent staffing
levels and accounting for anticipated inflation, CBO estimates
that implementing this provision would cost $423 million over
the 2024-2028 period.
Reporting requirements: S. 1444 would require various
reports from CBP and GAO. Based on the costs of similar
activities, CBO estimates that implementing those requirements
would cost $2 million over the 2024-2028 period.
Pay-As-You-Go considerations: Enacting the bill would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting S. 1444 would not increase net direct
spending or deficits in any of the four consecutive 10-year
periods beginning in 2034.
Mandates: The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act.
Estimate prepared by: Federal costs: Jeremy Crimm;
Mandates: Rachel Austin.
Estimate reviewed by: Justin Humphrey, Chief, Finance,
Housing, and Education Cost Estimates Unit; Kathleen
FitzGerald, Chief, Public and Private Mandates Unit; H. Samuel
Papenfuss, Deputy Director of Budget Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE V--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart D--Pay and Allowences
* * * * * * *
CHAPTER 55--PAY ADMINISTRATION
* * * * * * *
Subchapter V--Premium Pay
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SEC. 5550. BORDER PATROL RATE OF PAY.
(a) * * *
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(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 section
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.
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