[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6015 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6015

    To enhance border security through the use of temporary support 
personnel, expansion of Border Patrol agent training, increased hiring 
 authority, support for local law enforcement agencies, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2006

Mr. Rogers of Alabama (for himself, Mr. Blunt, Mr. Cantor, Mr. Hunter, 
  Mr. Tancredo, Mr. McCaul of Texas, Mr. McCotter, Mr. Jones of North 
 Carolina, Mr. Everett, Mr. Bachus, Mr. Aderholt, Mr. Bonner, and Mrs. 
  Musgrave) introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
    To enhance border security through the use of temporary support 
personnel, expansion of Border Patrol agent training, increased hiring 
 authority, support for local law enforcement agencies, 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 ``Secure the Border Now Act of 2006''.

SEC. 2. STRENGTHENING BORDER PATROL RECRUITMENT AND RETENTION.

    In order to address the recruitment and retention challenges faced 
by United States Customs and Border Protection, the Secretary of 
Homeland Security shall establish a plan, consistent with existing 
Federal statutes applicable to pay, recruitment, relocation, and 
retention of Federal law enforcement officers. Such plan shall include 
the following components:
            (1) The establishment of a recruitment incentive for Border 
        patrol agents.
            (2) The establishment of a retention plan, including the 
        payment of bonuses to Border Patrol agents for every year of 
        service after the first two years of service.
            (3) An increase in the pay percentage differentials to 
        Border Patrol agents in certain high-cost areas in the San 
        Diego, El Centro, Yuma, and Tucson sectors consistent with 
        entry-level pay to other Federal, State, and local law 
        enforcement agencies.
            (4) The establishment of a mechanism whereby Border Patrol 
        agents can transfer from one location to another after the 
        first two years of service in their initial duty location.

SEC. 3. COST-EFFECTIVE ENHANCEMENTS TO BORDER SECURITY.

    (a) In General.--The Secretary of Homeland Security shall take such 
steps as may be necessary to control the costs of hiring, training, and 
deploying new Border Patrol agents, including--
            (1) permitting individuals who are in training to become 
        Border Patrol agents to waive certain course requirements of 
        such training if such individuals have earlier satisfied such 
        requirements in a similar or comparable manner as determined by 
        the Secretary; and
            (2) conducting a competitive sourcing study to compare the 
        costs of training new Border Patrol agents at a non-profit or 
        private training facility, including the use of private 
        training facilities to conduct portions of such training.
    (b) Limitation on Per-Agent Cost of Training.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall take such steps as may be necessary to ensure 
        that the fiscal year 2007 per-agent cost of hiring, training, 
        and deploying each new Border Patrol agent does not exceed 
        $150,000.
            (2) Exception and certification.--
                    (A) In general.--If the Secretary determines that 
                the per-agent cost referred to in paragraph (1) exceeds 
                $150,000, the Secretary shall promptly submit to the 
                Committee on Homeland Security of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs of the Senate a certification 
                explaining why such per-agent cost exceeds such amount.
                    (B) Temporary suspension of training.--Until the 
                Secretary receives from the committees specified in 
                subparagraph (A) an approval with respect to such 
                increased per-agent cost, the Secretary shall suspend 
                any new hiring, training, and deploying of Border 
                Patrol agents.

SEC. 4. CONTINUATION OF AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF 
              FEDERAL ANNUITANTS TO SUPPORT TRAINING FOR BORDER 
              SECURITY PURPOSES.

    Section 1202(a) of the 2002 Supplemental Appropriations Act for 
Further Recovery From and Response To Terrorist Attacks on the United 
States (Public Law 107-206; 42 U.S.C. 3771 note) is amended in the 
first sentence--
            (1) by striking ``enactment of this Act'' and inserting 
        ``enactment of the Secure the Border Now Act of 2006''; and
            (2) by striking ``250'' and inserting ``350''.

SEC. 5. BORDER PATROL TRAINING EXPANSION.

    (a) In General.--The Secretary of Homeland Security shall enter 
into agreements with law enforcement training academies operated by 
State and local governments, universities, nonprofit organizations, and 
private companies to replicate, in whole or in part, the initial 
training provided to new Border Patrol agents.
    (b) Utilization.--The Secretary shall utilize the authority 
described in subsection (a) for fiscal years 2007 through 2011 or until 
such time as the Secretary certifies to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate that such authority is 
no longer necessary or cost-effective in order to train sufficient 
numbers of Border Patrol agents each year to secure the international 
land and maritime borders of the United States.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of fiscal years 2007 through 
2011 such sums as may be necessary to fund such training.

SEC. 6. AUTHORITY FOR CUSTOMS AND BORDER PROTECTION TO APPOINT AND 
              MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR BORDER 
              SECURITY PURPOSES.

    (a) In General.--Notwithstanding any other provision of law, the 
Commissioner of United States Customs and Border Protection (CBP) may, 
for a period ending not later than five years after the date of the 
enactment of this Act, appoint and employ up to 500 Federal annuitants 
to any position in CBP that supports the President's initiative to 
aggressively accelerate the ability of CBP to secure the international 
land and maritime borders of the United States--
            (1) without regard to any provision of title 5, United 
        States Code, which might otherwise require the application of 
        competitive hiring procedures; and
            (2) who shall not be subject to any reduction in pay (for 
        annuity allocable to the period of actual employment) under the 
        provisions of section 8344 or 8468 of such title or similar 
        provision of any other retirement system for employees.
    (b) Rule of Construction.--A reemployed Federal annuitant as to 
whom a waiver of reduction under subsection (a)(2) applies shall not, 
for any period during which such waiver is in effect, be considered an 
employee for purposes of subchapter III of chapter 83 or chapter 84 of 
title 5, United States Code, or such other retirement system (referred 
to in such subsection) as may apply.
    (c) No Displacement.--No appointment under this section may be made 
if such appointment would result in the displacement of any employee.
    (d) Counting.--The counting of Federal annuitants shall be done on 
a full-time equivalent basis.
    (e) Definitions.--For purposes of this section:
            (1) Federal annuitant.--The term ``Federal annuitant'' 
        means an employee who has retired under the Civil Service 
        Retirement System, the Federal Employees' Retirement System, or 
        any other retirement system for Federal employees.
            (2) Employee.--The term ``employee'' has the meaning given 
        such term in section 2105 of title 5, United States Code.

SEC. 7. USE OF TEMPORARY SUPPORT PERSONNEL.

    (a) In General.--The Secretary of Homeland Security shall enter 
into contracts with private entities for the purpose of providing 
necessary administrative and other support to Border Patrol agents and 
Customs and Border Protection Officers deployed at United States ports 
of entry or along the international land and maritime borders of the 
United States.
    (b) Requirements.--The Secretary shall--
            (1) not later than 90 days after the date of the enactment 
        of this Act, publish a request for proposal to hire 
        administrative support staff to monitor cameras, analyze 
        intelligence, process paperwork, construct roads and vehicle 
        barriers, and perform such other duties as determined by the 
        Secretary; and
            (2) terminate the use of the private entities referred to 
        in subsection (a) when the Secretary submits to the Committee 
        on Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate that a sufficient number of permanent Federal support 
        staff have been hired and trained so that Border Patrol agents 
        and Customs and Border Protection Officers do not perform 
        duties for which they were not specifically trained.

SEC. 8. USE OF TEMPORARY SECURITY PERSONNEL FOR BORDER SECURITY 
              FUNCTIONS.

    (a) In General.--The Secretary of Homeland Security shall enter 
into contracts with private entities for the purpose of providing 
enhanced capacity to United States Customs and Border Protection to 
secure the international land and maritime borders of the United 
States.
    (b) Requirements.--The Secretary shall--
            (1) not later than 90 days after the date of the enactment 
        of this Act, direct the Federal Protective Service of United 
        States Immigration and Customs Enforcement to hire level II 
        security personnel drawn from the General Services 
        Administration General Schedule, or publish a request for 
        proposal to hire similar, highly trained, private security 
        personnel, in accordance with the Secretary's authority 
        described in subsection (a);
            (2) ensure that such security personnel shall number not 
        fewer than 5,000 and not more than 8,000 individuals;
            (3) in accordance with subsection (d), ensure that the 
        Chief Security Officer of United States Customs and Border 
        Protection specifies the requirements that such security 
        personnel must meet or exceed; and
            (4) terminate the use of such security personnel at the 
        time that the number of full-time active-duty Border Patrol 
        agents reaches authorized levels of personnel as provided in 
        such section.
    (c) Reduction.--The number of personnel hired under this section 
shall be reduced at a rate commensurate with the number of new Border 
Patrol agents hired in accordance with section 5202 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458).
    (d) Requirements Relating to Security Personnel.--The requirements 
referred to in subsection (b)(3) for security personnel shall include a 
background investigation consisting of criminal and financial history 
checks, a review of the individual's citizenship status, a drug test, 
and health and psychological screening. Security personnel described in 
this section shall also possess prior law enforcement, military, or 
other similar experience.
    (e) Rule of Construction.--Nothing in this section shall be 
construed as providing the Secretary with the authority to hire private 
citizens for the purpose stated in this section.

SEC. 9. PERMITTED USE OF HOMELAND SECURITY GRANT FUNDS FOR BORDER 
              SECURITY ACTIVITIES.

    (a) Reimbursement.--The Secretary of Homeland Security may allow 
the recipient of amounts under a covered grant to use those amounts to 
reimburse itself for costs it incurs in carrying out any terrorism 
prevention or deterrence activity that--
            (1) relates to the enforcement of Federal laws aimed at 
        preventing the unlawful entry of persons or things into the 
        United States, including activities such as detecting or 
        responding to such an unlawful entry or providing support to 
        another entity relating to preventing such an unlawful entry;
            (2) is usually a Federal duty carried out by a Federal 
        agency; and
            (3) is carried out under agreement with a Federal agency.
    (b) Use of Prior Year Funds.--Subsection (a) shall apply to all 
covered grant funds received by a State, local government, or Indian 
tribe at any time on or after October 1, 2001.
    (c) Covered Grants.--For purposes of subsection (a), the term 
``covered grant'' means grants provided by the Department of Homeland 
Security to States, local governments, or Indian tribes administered 
under the following programs:
            (1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            (2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
            (3) Law enforcement terrorism prevention program.--The Law 
        Enforcement Terrorism Prevention Program of the Department, or 
        any successor to such grant program.
                                 <all>