[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6012 Introduced in House (IH)]








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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