[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6160 Referred in Senate (RFS)]

  2d Session
                                H. R. 6160


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2006

                                Received

                           November 13, 2006

   Read twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 AN ACT



              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 in subsection (a) of section 9702 of title 
        5, United States Code (as added by section 3), 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 in subsection (b) of section 9702 of title 
        5, United States Code (as added by section 3), 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 opportunities for 
        Border Patrol agents to transfer 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.
            ``(2) Bonus amount.--
                    ``(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.
            ``(3) Bonus amount.--
                    ``(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.
            ``(3) Limitations.--
                    ``(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) No displacement.--No appointment under this 
        subsection may be made if such appointment would result in the 
        displacement of any Border Patrol employee.
            ``(5) 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.''.

            Passed the House of Representatives September 26, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.