Sec. 2. Border Patrol Reserve
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There is established within the United States Border Patrol, the Border Patrol Reserve, which shall be organized, administered, trained, and supplied under the direction of the Commissioner of U.S. Customs and Border Protection (referred to in this Act as the Commissioner ). The purpose of the Border Patrol Reserve is to augment and support the mission of the United States Border Patrol. Subject to paragraph (2), the Secretary of Homeland Security shall— prescribe the initial authorized size of the Border Patrol Reserve; and not less frequently than annually, review and adjust, if necessary, the authorized size of the Border Patrol Reserve.
The number of Border Patrol Reserve agents may not exceed 2,500 at any time. The Commissioner shall make available to the United States Border Patrol such services, facilities, and appropriations that may be necessary to activate and effectuate the purposes of the Border Patrol Reserve. Each Border Patrol Reserve agent— shall have previously served as a full-time United States Border Patrol agent for at least 5 years; may not have been subject to any disciplinary actions described in section 7512 of title 5, United States Code, during their tenure with the United States Border Patrol; shall be serving as— a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code); or a law enforcement officer (as defined in section 2503 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10533 )); shall be subject to the mandatory separation requirements under section 8335(b) or 8425(b) of title 5, United States Code; and shall meet any other qualifications established by the Commissioner.
The Commissioner shall— specify the law enforcement powers and duties that will be given to Border Patrol Reserve agents, which powers and duties shall only be effective while such agents are on activated status; confer upon such agents the same grades as provided for other Border Patrol agents, to the extent warranted based on their respective qualifications and experience; and provide such agents with the pay and allowances associated with their rank, grade, or rating while they are in active duty with the basic border patrol rate of pay, as adjusted under this Act, including matching funds under the Thrift Savings Plan for pay received during such duty.
Notwithstanding paragraph (1)(C), Border Patrol Reserve agents may not be required to work the minimum number of hours or days set forth in section 5550(b)(4) of title 5, United States Code. Any Border Patrol Reserve agent who, immediately before beginning duty as a Border Patrol Reserve agent, was receiving compensation as a law enforcement officer (as defined in section 2503 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10533 )), and did not resign from such position, may continue to receive such compensation from a law enforcement agency while on such duty.
Any Border Patrol Reserve agent who is not described in subparagraph
(B)or
(C)shall receive creditable service under the Federal Employees Retirement System upon the commencement of active duty. Any Border Patrol Reserve agent who, immediately before such duty, was serving as a Federal law enforcement agent and did not resign from such position, shall not receive additional creditable service under the Federal Employees Retirement System or the Civil Service Retirement System while on such duty. Any Border Patrol Reserve agent who sustains a physical injury, contracts a disease or sickness, or dies as a result of service while performing duty under this section, or while engaged in authorized travel to or from such duty is entitled to compensation as a Federal employee in accordance with chapter 81 of title 5, United States, Code. For the purposes of workers’ compensation claims relating to performing duty as a Border Patrol Reserve agent, such agents shall be considered employees (as defined in section 8101 of title 5, United States Code). The Commissioner shall— 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 (e)(1)(B) for any time spent by such agents to fulfill applicable training requirements; and reimburse such agents for the costs associated with travel to and from in-person training. Not later than 1 year after the date of the enactment of this Act, and each fiscal year thereafter through fiscal year 2028, 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— the powers, duties, and compensation of Border Patrol Reserve agents; the number of Border Patrol Reserve agents who were activated during the report period, disaggregated by U.S. Border Patrol sector; 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 period; and the total costs incurred during the reporting period by the Border Patrol Reserve.
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Sec. 2
Border Patrol Reserve
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