109th CONGRESS
2d Session
H. R. 6116
To recruit and retain Border Patrol agents.
IN THE HOUSE OF REPRESENTATIVES
September 20, 2006
Mr. ROGERS of Alabama (for himself and Mr. ISSA) introduced the following
bill; which was referred to the Committee on Homeland Security, and in addition
to the Committee on Government Reform, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To recruit and retain Border Patrol agents.
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 `More Border Patrol Agents Now Act of 2006'.
SEC. 2. BORDER PATROL AGENT ENHANCEMENT.
(a) Plan- In order to address the recruitment and retention challenges faced
by the United States Border Patrol, the Secretary of Homeland Security shall,
not later than six months after the date of the enactment of this Act, submit
to the Committee on Homeland Security and the Committee on Government Reform
of the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a plan to determine how the Border Patrol
can better recruit and retain Border Patrol agents with the appropriate
skills and training to effectively carry out its mission and responsibilities.
(b) Contents- The plan shall include, at a minimum, the following components:
(1) A strategy for the utilization of the recruitment authority provided
under subsection (b), as well as any other strategies the Secretary determines
to be important in recruiting well-qualified Border Patrol agents.
(2) A strategy for the utilization of the retention authority provided
under subsection (b), as well as any other strategies the Secretary determines
to be important in retaining well-qualified Border Patrol agents.
(3) An assessment of the impact that current pay levels for Border Patrol
agents has on the Department's ability to recruit and retain Border Patrol
agents, especially in high cost-of-living areas.
(4) An assessment of whether increased flexibility in the Department's
ability to transfer Border Patrol agents between duty stations would improve
employee morale and enhance the Department's ability to recruit and retain
well-qualified Border Patrol agents.
SEC. 3. RECRUITMENT AND RETENTION BONUSES FOR BORDER PATROL AGENT ENHANCEMENT.
(a) In General- Chapter 97 of title 5, United States Code, is amended by
adding at the end the following new section:
`Sec. 9702. Border Patrol agent enhancement
`(a) Recruitment Bonuses for Border Patrol Agents-
`(1) IN GENERAL- In order to carry out the plan described in section 2(a)
of the More Border Patrol Agents Now Act of 2006, the Secretary of Homeland
Security may pay a bonus to an individual to recruit a sufficient number
of Border Patrol agents.
`(A) IN GENERAL- The amount of a bonus under this subsection shall be
determined by the Secretary, but may not exceed 25 percent of the annual
rate of basic pay of the position involved as of the beginning of the
period of service referred to in paragraph (3)(A).
`(B) LUMP-SUM- A bonus under this subsection shall be paid in the form
of a lump-sum payment and shall not be considered to be part of basic
pay.
`(3) SERVICE AGREEMENTS- Payment of a bonus under this section shall be
contingent upon the individual entering into a written service agreement
with the United States Border Patrol. The agreement shall include--
`(A) the period of service the individual shall be required to complete
in return for the bonus; and
`(B) the conditions under which the agreement may be terminated before
the agreed-upon service period has been completed, and the effect of
such termination.
`(4) LIMITATION ON ELIGIBILITY- A bonus under this section may not be
paid to recruit an individual for--
`(A) a position to which an individual is appointed by the President,
by and with the advice and consent of the Senate;
`(B) a position in the Senior Executive Service as a noncareer appointee
(as defined in section 3132(a)); or
`(C) a position which has been excepted from the competitive service
by reason of its confidential, policy-determining, policy-making, or
policy-advocating character.
`(5) TERMINATION- The authority to pay bonuses under this subsection shall
terminate five years after the date of the enactment of this section.
`(b) Retention Bonuses for Border Patrol Agents-
`(1) IN GENERAL- In order to carry out the plan described in section 2(a)
of the More Border Patrol Agents Now Act of 2006, the Secretary of Homeland
Security may pay a retention bonus to a Border Patrol agent.
`(2) SERVICE AGREEMENT- Payment of a bonus under this subsection is contingent
upon the employee entering into a written service agreement with the United
States Border Patrol to complete a period of service with the Border Patrol.
Such agreement shall include--
`(A) the period of service the employee shall be required to complete
in return for the bonus; and
`(B) the conditions under which the agreement may be terminated before
the agreed-upon service period has been completed, and the effect of
such termination.
`(A) IN GENERAL- The amount of a bonus under this subsection shall be
determined by the Secretary, but may not exceed 25 percent of the annual
rate of basic pay of the position involved as of the beginning of the
period of service referred to in paragraph (2)(A).
`(B) LUMP-SUM- A bonus under this subsection shall be paid in the form
of a lump-sum payment and shall not be considered to be part of basic
pay.
`(4) LIMITATION- A bonus under this subsection may not be based on any
period of service which is the basis for a recruitment bonus under subsection
(a).
`(5) TERMINATION OF AUTHORITY- The authority to grant bonuses under this
subsection shall expire five years after the date of the enactment of
this section.
`(c) Waiver Authority Relating to Reemployed Annuitants-
`(1) IN GENERAL- In order to help address the challenges faced by the
United States Border Patrol, the Secretary of Homeland Security may appoint
annuitants to positions within the United States Border Patrol in accordance
with succeeding provisions of this subsection.
`(2) EXCLUSION FROM OFFSET- An annuitant serving in a position within
the United States Border Patrol pursuant to an appointment made under
paragraph (1)--
`(A) shall not be subject to the provisions of section 8344 or 8468,
as the case may be; and
`(B) shall not, for purposes of subchapter III of chapter 83 or chapter
84, be considered an employee.
`(A) APPOINTMENTS- The authority to make any appointments under paragraph
(1) shall terminate five years after the date of the enactment of this
subsection.
`(B) EXCLUSION- The provisions of paragraph (2) shall not, in the case
of any annuitant appointed under paragraph (1), remain in effect--
`(i) with respect to more than five years of service (in the aggregate);
nor
`(ii) with respect to any service performed after the end of the ten-year
period beginning on the date of the enactment of this subsection.
`(4) DEFINITION- For purposes of this subsection, the term `annuitant'
has the meaning given such term by section 8331 or 8401, as the case may
be.'.
(b) Conforming Amendment- The table of contents for chapter 97 of title
5, United States Code, is amended by adding at the end the following:
`9702. Border Patrol agent enhancement.'.
END
