,,ii #aagth ,,congress #b;d ,session ,s4 #dgge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #d1 #bjbb,mr4 ,portman 7for himself1 ,ms4 ,sinema1 ,mr4 ,kelly1 and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to establish and authorize funding for a ,border ,patrol ,reserve1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,border ,patrol ,enhancement ,act4 #b4 ,border ,patrol ,reserve 7a7 ,establishment ,there is established within the ,united ,states ,border ,patrol1 the ,border ,patrol ,reserve1 which shall be organized1 administered1 trained1 and supplied under the direction of the ,commissioner of ,u4,s4 ,customs and ,border ,protection 7referred to in this ,act as the ,commissioner74 7b7 ,purpose ,the purpose of the ,border ,patrol ,reserve is to augment and support the mission of the ,united ,states ,border ,patrol4 7c7 ,authorized size 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary of ,homeland ,security shall-- 7,a7 prescribe the initial authorized size of the ,border ,patrol ,reserve2 and 7,b7 not less frequently than annually1 review and adjust1 if necessary1 the authorized size of the ,border ,patrol ,reserve4 7#b7 ,limitation ,the number of ,border ,patrol ,reserve agents may not exceed #b1ejj at any time4 7#c7 ,resources ,the ,commissioner shall make available to the ,united ,states ,border ,patrol such services1 facilities1 and appropriations that may be necessary to activate and effectuate the purposes of the ,border ,patrol ,reserve4 7d7 ,qualifications ,each ,border ,patrol ,reserve agent-- 7#a7 shall have previously served as a full-time ,united ,states ,border ,patrol agent for at least #e years2 7#b7 may not have been subject to any disciplinary actions described in section #geab of title #e1 ,united ,states ,code1 during their tenure with the ,united ,states ,border ,patrol2 7#c7 shall be serving as-- 7,a7 a ,federal law enforcement officer 7as defined in section #aae7;c7 of title #ah1 ,united ,states ,code72 or 7,b7 a law enforcement officer 7as defined in section #bejc of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajecc772 7#d7 shall be subject to the mandatory separation requirements under section #hcce7;b7 or #hdbe7;b7 of title #e1 ,united ,states ,code2 and 7#e7 shall meet any other qualifications established by the ,commissioner4 7e7 ,powers2 duties2 compensation 7#a7 ,in general ,the ,commissioner shall-- 7,a7 specify the law enforcement powers and duties that will be given to ,border ,patrol ,reserve agents1 which powers and duties shall only be effective while such agents are on activated status2 7,b7 confer upon such agents the same grades as provided for other ,border ,patrol agents1 to the extent warranted based on their respective qualifications and experience2 and 7,c7 provide such agents with the pay and allowances associated with their rank1 grade1 or rating while they are in active duty with the basic border patrol rate of pay1 as adjusted under this ,act1 including matching funds under the ,thrift ,savings ,plan for pay received during such duty4 7#b7 ,exception ,notwithstanding paragraph 7#a77;,c71 ,border ,patrol ,reserve agents may not be required to work the minimum number of hours or days set forth in section #eeej7;b77#d7 of title #e1 ,united ,states ,code4 7#c7 ,compensation from employer ,any ,border ,patrol ,reserve agent who1 immediately before beginning duty as a ,border ,patrol ,reserve agent1 was receiving compensation as a law enforcement officer 7as defined in section #bejc of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajecc771 and did not resign from such position1 may continue to receive such compensation from a law enforcement agency while on such duty4 7#d7 ,effect on creditable service 7,a7 ,in general ,any ,border ,patrol ,reserve agent who is not described in subparagraph 7,b7 or 7,c7 shall receive creditable service under the ,federal ,employees ,retirement ,system upon the commencement of active duty4 7,b7 ,federal law enforcement agent ,any ,border ,patrol ,reserve agent who1 immediately before such duty1 was serving as a ,federal law enforcement agent and did not resign from such position1 shall not receive additional creditable service under the ,federal ,employees ,retirement ,system or the ,civil ,service ,retirement ,system while on such duty4 7f7 ,effect of injury or death 7#a7 ,in general ,any ,border ,patrol ,reserve agent who sustains a physical injury1 contracts a disease or sickness1 or dies as a result of service while performing duty under this section1 or while engaged in authorized travel to or from such duty is entitled to compensation as a ,federal employee in accordance with chapter #ha of title #e1 ,united ,states1 ,code4 7#b7 ,workers' compensation claims ,for the purposes of workers' compensation claims relating to performing duty as a ,border ,patrol ,reserve agent1 such agents shall be considered employees 7as defined in section #haja of title #e1 ,united ,states ,code74 7g7 ,rates of pay2 travel costs ,the ,commissioner shall-- 7#a7 provide all ,border ,patrol ,reserve agents hourly pay at a rate equivalent to the rate paid to an employee classified at the grade level conferred by the ,commissioner under subsection 7e77#a77;,b7 for any time spent by such agents to fulfill applicable training requirements2 and 7#b7 reimburse such agents for the costs associated with travel to and from in-person training4 7h7 ,report ,not later than #a year after the date of the enactment of this ,act1 and each fiscal year thereafter through fiscal year #bjbh1 the ,secretary of ,homeland ,security 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 regarding the utilization of ,border ,patrol ,reserve agents that describes-- 7#a7 the powers1 duties1 and compensation of ,border ,patrol ,reserve agents2 7#b7 the number of ,border ,patrol ,reserve agents who were activated during the report period1 disaggregated by ,u4,s4 ,border ,patrol sector2 7#c7 the compliance rate for completing the training courses required of ,border ,patrol ,reserve agents and the training provided to ,border ,patrol ,reserve agents during the report period2 and 7#d7 the total costs incurred during the reporting period by the ,border ,patrol ,reserve4 #c4 ,authorized staffing level for the ,united ,states ,border ,patrol 7a7 ,definitions ,in this section3 7#a7 ,qualified research entity ,the term qualified research entity means an independent1 not-for-profit1 federally funded research entity with appropriate expertise and analytical capability to analyze and validate the personnel requirements determination model4 7#b7 ,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 ,states1 that has been validated by a qualified research entity pursuant to subsection 7d74 7b7 ,in general ,the authorized personnel level for ,united ,states ,border ,patrol agents on the date of the enactment of this ,act is #bj1ejj4 7c7 ,united ,states ,border ,patrol personnel requirements determination model 7#a7 ,completion2 notice ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner shall complete a personnel requirements determination model for ,united ,states ,border ,patrol that builds on the #e-year ,united ,states ,border ,patrol staffing and deployment plan referred to on page #cc of ,house of ,representatives ,report #aab-ia 7,may #bf1 #bjaa7 and submit a notice of completion to-- 7,a7 the appropriate congressional committees2 7,b7 the ,director of the ,office of ,personnel ,management2 and 7,c7 the ,comptroller ,general of the ,united ,states4 7#b7 ,certification ,not later than #cj days after the completion of the personnel requirements determination model described in paragraph 7#a71 the ,commissioner shall submit a copy of such model and a strategy for obtaining third-party validation of such model1 to-- 7,a7 the appropriate congressional committees2 7,b7 the ,office of ,personnel ,management2 and 7,c7 the ,comptroller ,general of the ,united ,states4 7d7 ,independent study of personnel requirements determination model 7#a7 ,requirement for study ,not later than #ij days after the completion of the personnel requirements determination model pursuant to subsection 7c77#a71 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 model4 7#b7 ,reports 7,a7 ,to secretary ,not later than #a year after the completion of the personnel requirements determination model under subsection 7c77#a71 the qualified research entity shall submit a report to the ,secretary of ,homeland ,security that includes-- 7i7 the results of the study required under paragraph 7#a72 and 7ii7 any recommendations regarding the model that the qualified research entity considers to be appropriate4 7,b7 ,to congress ,not later than #cj days after receiving the report described in subparagraph 7,a71 the ,secretary of ,homeland ,security shall submit such report1 along with any additional views or recommendations regarding the personnel requirements determination model1 to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives4 7e7 ,authority ,to adjust authorized personnel level ,beginning on the date that is #ahj days after receiving a report pursuant to subsection 7d77#b7 that validates the personnel requirements determination model1 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 model4 #d4 ,establishment of higher minimum rates of pay for ,united ,states ,border ,patrol agents 7a7 ,higher minimum rate of pay ,not later than ,january #a1 #bjbc1 the ,director of the ,office of ,personnel ,management-- 7#a7 shall1 in accordance with section #ecje of title #e1 ,united ,states ,code-- 7,a7 increase the minimum rate of pay for ,united ,states ,border ,patrol agents at the grade ,,gs-#ab of the ,general ,schedule by not less than #ad percent2 and 7,b7 increase other grades or levels1 occupational groups1 series1 classes1 or subdivisions thereof1 as determined by the ,secretary of ,homeland ,security2 and 7#b7 may make increases in all rates in the pay range for each such grade or level1 in accordance with such section #ecje4 7b7 ,inapplicability ,the discretion granted to agency heads under section #ecje7;a77#b7 of title #e1 ,united ,states ,code1 shall not apply to increase in rates of pay authorized under subsection 7a74 #e4 ,continuing training 7a7 ,in general ,the ,commissioner shall require all ,united ,states ,border ,patrol agents1 including ,border ,patrol ,reserve agents and other employees or contracted employees designated by the ,commissioner1 to participate in annual continuing training to maintain and update their understanding of-- 7#a7 ,department of ,homeland ,security policies1 procedures1 and guidelines2 7#b7 the fundamentals of law1 ethics1 and professional conduct2 7#c7 applicable ,federal law and regulations2 7#d7 precedential legal rulings1 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 agents2 7#e7 applicable migration trends that the ,commissioner determines are relevant2 7#f7 best practices for coordinating with community stakeholders2 and 7#g7 any other information that the ,commissioner determines to be relevant to active duty agents4 7b7 ,training subjects ,continuing training under this subsection shall include training regarding-- 7#a7 non-lethal use of force policies available to ,united ,states ,border ,patrol agents and de-escalation strategies and methods2 7#b7 identifying1 screening1 and responding to vulnerable populations1 such as children1 persons with diminished mental capacity1 victims of human trafficking1 victims of gender-based violence1 victims of torture or abuse1 and the acutely ill2 7#c7 trends in transnational criminal organization activities that impact border security and migration2 7#d7 policies1 strategies1 and programs-- 7,a7 to protect due process1 the civil1 human1 and privacy rights of individuals1 and the private property rights of land owners2 7,b7 to reduce the number of migrant and agent deaths2 and 7,c7 to improve the safety of agents on patrol2 7#e7 personal resilience2 7#f7 anti-corruption and officer ethics training2 7#g7 current migration trends1 including updated cultural and societal issues of nations that are a significant source of migrants who are-- 7,a7 arriving at a ,united ,states port of entry to seek humanitarian protection2 or 7,b7 encountered at a ,united ,states international boundary while attempting to enter without inspection2 7#h7 the impact of border security operations on natural resources and the environment1 including strategies to limit the impact of border security operations on natural resources and the environment2 7#i7 relevant cultural1 societal1 racial1 and religious training1 including cross-cultural communication skills2 7#aj7 training authorized under the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefja et seq472 7#aa7 risk management and safety training that includes agency protocols for ensuring public safety1 personal safety1 and the safety of persons in the custody of the ,department of ,homeland ,security2 7#ab7 non-lethal1 self-defense training2 and 7#ac7 any other training that meets the requirements to maintain and update the subjects identified in subsection 7a74 7c7 ,course requirements ,courses offered under this section-- 7#a7 shall be administered by the ,united ,states ,border ,patrol1 in consultation with the ,federal ,law ,enforcement ,training ,center2 and 7#b7 shall be approved in advance by the ,commissioner of ,u4,s4 ,customs and ,border ,protection to ensure that such courses satisfy the requirements for training under this section4 7d7 ,assessment ,not later than #b years after the date of the enactment of this ,act1 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 section1 including continuing education4 7e7 ,frequency requirements ,training offered as part of continuing education under this section shall include-- 7#a7 annual courses focusing on the curriculum described in paragraphs 7#a7 through 7#f7 of subsection 7b72 and 7#b7 biannual courses focusing on curriculum described in paragraphs 7#g7 through 7#ab7 of subsection 7b74 7f7 ,border patrol reserve training ,the ,commissioner shall-- 7#a7 establish such requirements as may be necessary for the training and familiarization of ,border ,patrol ,reserve agents1 which shall include-- 7,a7 medical fitness screenings and the continuing training described in this section2 7,b7 requirements for in-person or virtual training to ensure that such agents maintain the capabilities necessary to perform their duties2 and 7,c7 firearms training and qualification1 commensurate with the requirements for ,united ,states ,border ,patrol agents2 7#b7 establish and require completion of a comprehensive in-person training and familiarization program for ,border ,patrol ,reserve ,agents upon activation before utilizing those ,reserve agents in operational roles2 and 7#c7 take actions necessary1 up to and including separation for any ,border ,patrol ,reserve ,agent who does not adhere to the requirements established by the ,commissioner for training and familiarization4