109th CONGRESS
2d Session

H. R. 6012

To amend title 5, United States Code, to increase the maximum age for the original appointment of a retired member of the Armed Forces to a border patrol agent position, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 28, 2006

Mr. PEARCE introduced the following bill; which was referred to the Committee on Government Reform

A BILL

To amend title 5, United States Code, to increase the maximum age for the original appointment of a retired member of the Armed Forces to a border patrol agent position, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Border Patrol Agent Recruitment Act of 2006'.

SEC. 2. MAXIMUM AGE FOR ORIGINAL APPOINTMENT OF RETIRED MEMBER OF ARMED FORCES TO BORDER PATROL AGENT POSITION.

    (a) In General- Section 3307 of title 5, United States Code, is amended by adding at the end the following:

    `(g)(1) The Secretary of Homeland Security shall fix the maximum age limit for an original appointment to a border patrol agent position at 45 years of age for any individual who is a retired member of the armed forces at the time of appointment.

    `(2) For purposes of this subsection, the term `border patrol agent' has the meaning specified by the Secretary of Homeland Security.'.

    (b) Conforming Amendment- Section 3307(a) of title 5, United States Code, is amended by striking `and (f)' and inserting `(f), and (g)'.

SEC. 3. PROVISIONS RELATING TO RETIREMENT.

    (a) Amendments to Civil Service Retirement System-

      (1) IMMEDIATE RETIREMENT- Section 8336(c) of title 5, United States Code, is amended by adding at the end the following:

    `(3)(A) Notwithstanding paragraph (1), an employee who is separated from the service after completing 15 years of service as a border patrol agent described in subparagraph (B), including in a supervisory or administrative position to which such employee transfers directly from a border patrol agent position, is entitled to an annuity.

    `(B) A border patrol agent described in this subparagraph is any border patrol agent (as defined in section 3307(g)) who, at the time of original appointment to a position as such agent, is--

    `(i) a retired member of the armed forces; and

    `(ii) at least 40 years of age.'.

      (2) MANDATORY SEPARATION- Section 8335(b) of title 5, United States Code, is amended by redesignating the second paragraph (2) as paragraph (3) and by adding at the end the following:

    `(4) In the case of a law enforcement officer eligible for immediate retirement under section 8336(c)(3), the first sentence of paragraph (1) shall be applied by substituting `15 years of service' for `20 years of service'.'.

    (b) Amendments to Federal Employees' Retirement System-

      (1) IMMEDIATE RETIREMENT- Section 8412(d) of title 5, United States Code, is amended--

        (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

        (B) by striking `(d)' and inserting `(d)(1)'; and

        (C) by adding at the end the following:

    `(2)(A) Notwithstanding paragraph (1), an employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency, after completing 15 years of service as a border patrol agent described in subparagraph (B), including in a supervisory or administrative position to which such employee transfers directly from a border patrol agent position, is entitled to an annuity.

    `(B) A border patrol agent described in this subparagraph is any border patrol agent (as defined in section 3307(g)) who, at the time of original appointment to a position as such agent, is--

    `(i) a retired member of the armed forces; and

    `(ii) at least 40 years of age.'.

      (2) MANDATORY SEPARATION- Section 8425(b) of title 5, United States Code, is amended by redesignating the second paragraph (2) as paragraph (3) and by adding at the end the following:

    `(4) In the case of a law enforcement officer eligible for immediate retirement under section 8412(d)(2), the first sentence of paragraph (1) shall be applied by substituting `15 years of service' for `20 years of service'.'.

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