Overview

Title

To increase the pay and enhance the training of United States Border Patrol agents, and for other purposes.

ELI5 AI

The Border Patrol Enhancement Act is a rule that wants to help people who guard the border by making sure they have more friends to work with, get paid more money, and have more time to practice and learn.

Summary AI

S. 1444, titled the “Border Patrol Enhancement Act,” aims to improve the working conditions of United States Border Patrol agents. It mandates increased staffing levels and requires the creation of a model to determine the necessary number of agents needed, which must be validated by an independent entity. The bill also calls for higher minimum pay rates and special overtime pay for agents, alongside enhanced and frequent training programs. Additionally, it includes provisions for studying recruitment and retention practices, especially concerning female agents, and assessing the agency’s overall hiring and retention strategies.

Published

2024-12-09
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-12-09
Package ID: BILLS-118s1444rs

Bill Statistics

Size

Sections:
10
Words:
4,150
Pages:
22
Sentences:
41

Language

Nouns: 1,396
Verbs: 271
Adjectives: 216
Adverbs: 27
Numbers: 171
Entities: 226

Complexity

Average Token Length:
4.50
Average Sentence Length:
101.22
Token Entropy:
5.18
Readability (ARI):
53.80

AnalysisAI

The bill titled "Border Patrol Enhancement Act" aims to improve the compensation and training of United States Border Patrol agents. It outlines strategies for increasing personnel, boosting pay, and enhancing the skills and understanding of border patrol agents through continuous training. The bill is a response to ongoing needs within the U.S. Border Patrol service to maintain efficient border security operations while ensuring that agents are well-supported and adequately trained.

General Summary

The bill has several key components. It enables adjustments to the authorized number of border patrol agents by utilizing a validated model developed with input from independent, qualified research entities. To address staffing needs, it also aims to gradually increase agents until a satisfactory level is reached. Additionally, the bill mandates a minimum 14% pay raise for GS–12 agents, and allows for further salary adjustments within other agent classifications. Moreover, the bill requires ongoing training to keep agents knowledgeable on various aspects like law enforcement techniques, ethics, and cultural competencies. Lastly, the bill includes specific provisions for evaluating recruitment and retention practices, particularly concerning female agents.

Summary of Significant Issues

Several issues arise from the bill's provisions. Notably, the financial implications of a mandated 14% pay increase for GS-12 agents are not clearly addressed, which could lead to significant impacts on the federal budget. The terms used for selecting a "qualified research entity" to validate necessary staffing models are somewhat vague, potentially allowing biased selection. Furthermore, the bill does not provide sufficient details on budgetary allocations or control mechanisms related to continuous training programs, raising concerns over wasteful expenditure. Additionally, transparency and specificity weaknesses are evident in the planned evaluation of female recruitment and retention within the agency.

Impact on the Public

Broadly, the enhancement of Border Patrol agents' compensation and training could provide the public with increased assurance of border security and personnel efficiency. The focus on professional development and ethical training aims to foster a balance between security measures and humanitarian considerations, potentially improving public confidence in border operations.

Impact on Specific Stakeholders

Border Patrol Agents: For agents, the bill suggests improvements in both pay and professional development, likely leading to increased job satisfaction and retention. This could make positions within the Border Patrol more attractive and competitive.

U.S. Border Communities: Communities near U.S. borders might see improved relationships with Border Patrol agents due to increased training focused on cultural awareness and community engagement.

U.S. Government and Budgetary Bodies: The mandate for pay increases and heightened staffing levels means potential budget allocations might need reevaluation. There are concerns about ensuring the availability of funds without cutting necessary resources elsewhere.

Female Border Patrol Agents: The bill's provisions focusing on the recruitment and retention of female agents could foster a more inclusive work environment, although the lack of clarity on success metrics raises questions about the efficacy of these measures.

In summary, while presenting numerous potential benefits for enhancing border patrol operations, the bill also possesses challenges regarding financial implications and clarity in its execution and effectiveness measures, particularly concerning administrative and recruitment practices.

Issues

  • The provision for increasing pay for United States Border Patrol agents by a minimum of 14% for GS-12 agents could significantly impact the federal budget. The financial implications are not clearly outlined in Section 3, potentially leading to uncontrolled expenditures.

  • The mechanism for selecting a 'qualified research entity' to validate the personnel requirements determination model in Sections 2 and 6 may allow for biased selection due to vague definitions and lack of specific criteria.

  • Section 6 outlines a 1-year timeframe for submitting a report on the recruitment and retention of female agents within the Border Patrol. However, there is concern over the potential lack of transparency in conducting the study and reporting findings.

  • The language used to define and compute special overtime payments for GS-12 agents in Section 3 may lead to misinterpretations, inflated spending, and perceived favoritism towards certain roles without clear justification.

  • The lack of specific budgetary allocations or financial estimates for continuing training programs under Sections 4 and 5 could lead to wasteful spending, as there are no performance metrics or oversight mechanisms in place to ensure funds are used efficiently.

  • Section 6's requirement for the Comptroller General to submit a report on recruitment and retention of female agents does not define specific metrics or criteria for the study, potentially leading to ambiguous evaluations and findings.

  • The timeline for reporting and implementing recommendations regarding recruitment and retention is not aligned with data stabilization in Section 6, which might result in premature assessments and ineffective solutions.

  • Section 4's courses require approval by the Commissioner of U.S. Customs and Border Protection without additional checks, raising concerns about potential favoritism or conflicts of interest.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states its official name, which is the “Border Patrol Enhancement Act”.

2. Authorized staffing level for the United States Border Patrol Read Opens in new tab

Summary AI

The section outlines a plan to determine the number of Border Patrol agents needed by using a validated model analyzed by an independent research group. It establishes an authorized staffing level of 20,500 agents and allows for future adjustments based on the model's recommendations.

3. Establishment of higher minimum rates of pay for United States Border Patrol agents Read Opens in new tab

Summary AI

The section mandates that, by January 1, 2023, the Director of the Office of Personnel Management must raise the minimum pay for U.S. Border Patrol agents at the GS-12 level by at least 14%, and allows for adjustments in other pay levels as decided by the Secretary of Homeland Security. It also specifies that agency heads cannot use their discretion to alter these pay increases.

4. Continuing training Read Opens in new tab

Summary AI

The section mandates that U.S. Border Patrol agents and certain other employees receive annual training to update their knowledge on laws, ethics, policies, and best practices relevant to their duties. The training covers diverse topics such as identifying vulnerable populations, non-lethal force, and cultural sensitivity and is subject to oversight and assessment to ensure its effectiveness.

1. Short title Read Opens in new tab

Summary AI

The first section of this Act states that it will be known as the “Border Patrol Enhancement Act.”

2. Authorized staffing level for the United States Border Patrol Read Opens in new tab

Summary AI

The section outlines the steps for determining the number of Border Patrol agents needed for the U.S., including creating a model, having it independently verified, and then hiring additional agents according to the validated model's recommendations to maintain an orderly migrant entry process.

3. Establishment of higher rates of regularly scheduled overtime pay for United States Border Patrol agents classified at GS–12 Read Opens in new tab

Summary AI

The section amends U.S. law to allow GS–12 border patrol agents to receive special overtime pay at a rate of 50% of their basic hourly pay for certain hours worked, but this payment is not included as part of their basic pay for retirement or leave calculations and is not available for paid leave periods.

4. GAO assessment of recruiting efforts, hiring requirements, and retention of law enforcement personnel Read Opens in new tab

Summary AI

The Comptroller General is directed to evaluate how U.S. Customs and Border Protection recruits, hires, and retains law enforcement officers, considering factors like pay. A report on this assessment must be submitted to key congressional committees within two years.

5. Continuing training Read Opens in new tab

Summary AI

The section mandates that U.S. Border Patrol agents and designated employees undergo annual continuing training to stay updated on various topics, including security policy, law, ethics, non-lethal force, and vulnerable populations, with courses dually overseen by the agency and federal training centers. The training plan includes a mix of annual and biannual courses, and an assessment of the program is required two years after the enactment of the Act.

6. Reporting requirements Read Opens in new tab

Summary AI

The section outlines that the Comptroller General is tasked with studying the recruitment and retention of female agents in the U.S. Border Patrol, focusing on employment processes, training, and handling of sexual harassment and assault. A report with findings and recommendations must be submitted to relevant officials and committees within a year, and further reports on the implementation of recommendations must be prepared by the Commissioner within 90 days of receiving it.