[Congressional Record (Bound Edition), Volume 152 (2006), Part 15]
[House]
[Pages 19853-19857]
[From the U.S. Government Publishing Office, www.gpo.gov]




               MORE BORDER PATROL AGENTS NOW ACT OF 2006

  Mr. ROGERS of Alabama. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 6160) to recruit and retain Border Patrol agents.
  The Clerk read as follows:

                               H.R. 6160

       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

[[Page 19854]]

     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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alabama (Mr. Rogers) and the gentleman from Florida (Mr. Meek) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Alabama.


                             General Leave

  Mr. ROGERS of Alabama. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and insert extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alabama?
  There was no objection.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in strong support of H.R. 6160, the More 
Border Patrol Agents Now Act of 2006. This legislation will help Border 
Patrol put agents along our Nation's borders now, quickly and cost 
efficiently.
  Securing our Nation's borders is an issue that ranks at the top of 
the list for many Americans. The President has responded by committing 
at least 6,000 new Border Patrol agents on our borders over the next 2 
years. I wholeheartedly support this commitment, and the provisions in 
my bill will help us reach this goal.
  Shockingly, the Border Patrol statistics show that an average of 33 
applicants must be vetted before just one is hired. This means that 
66,000 applicants must be screened before just 2,000 new agents are 
hired.
  In addition, Border Patrol typically loses 700 agents annually to 
retirements and other law enforcement agencies. My bill addresses these 
personnel challenges.
  First, it provides the Secretary of Homeland Security with the 
authority to pay recruitment and retention bonuses. Second, it allows 
the Border Patrol to rehire recently retired agents.
  From the outset, my bill's incentives will encourage highly qualified 
individuals to become career Border Patrol agents; and once we make 
these investments to train each agent, we should also make sure these 
new agents are not recruited away by other law enforcement agencies. 
Therefore, retention bonuses are essential to maintaining a premier 
workforce.
  My legislation also provides authority to the Secretary to rehire 
retired Border Patrol agents. While some agents hired recently will be 
able to work until age 60, current law requires most agents to retire 
at age 57. At a time when the American public is calling for a larger, 
stronger Border Patrol, it is wrong to overlook this talent pool. After 
all, most of these retired officers can provide cost-effective and 
valuable expertise almost immediately.
  These officers could not only manage field operations and oversee 
agents, but also could serve as instructors. This provision would 
ensure the invaluable experience of knowledge of these retired agents 
is brought back to the field instead of going unused.
  Mr. Speaker, I have toured the southwest border twice and visited the 
Border Patrol Training Academy in Artesia, New Mexico. I have heard 
firsthand about these personnel concerns from Border Patrol Chief David 
Aguilar and from the National Border Patrol Council.
  This legislation has been crafted to directly and immediately address 
the Border Patrol's concerns. I am proud to note that the National 
Border Patrol Council has endorsed the legislation as well. The 
National Border Patrol Council president, T.J. Bonner, wrote: ``The 
council strongly supports this legislation and urges the United States 
House of Representatives to enact it swiftly in order to provide the 
Border Patrol with some of the essential tools that it needs in order 
to be able to recruit and retain well-qualified individuals to help 
secure our borders,'' and I include the entire letter for the Record.

         National Border Patrol Council of the American Federation 
           of Government Employees,
                                    Campo, CA, September 25, 2006.
     Hon. Mike Rogers,
     Chairman, Subcommittee on Management, Integration, and 
         Oversight, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Chairman Rogers: The National Border Patrol Council 
     appreciates your leadership on homeland security issues, and 
     is especially grateful for your commitment to ensure that the 
     Border Patrol has adequate staffing in order to carry out its 
     vital border security mission. At your invitation, we 
     recently met and discussed this issue at length. H.R. 6160, 
     the ``More Border Patrol Agents Now Act of 2006,'' 
     incorporates the Council's central recommendations regarding 
     this matter.
       This legislation will enable the Border Patrol to 
     substantially increase its ranks immediately through the 
     addition of retired employees who possess invaluable 
     experience and knowledge. It will also assist the Border 
     Patrol in its efforts to attract and retain well-qualified 
     individuals by establishing recruitment and retention bonuses 
     for them, as well as by requiring the Department of Homeland 
     Security to develop a comprehensive plan to enhance 
     recruitment and retention incentives.
       On behalf of the nearly 11,000 front-line employees that it 
     represents, the National Border Patrol Council expresses its 
     gratitude to you for introducing this important bill. The 
     Council strongly supports this legislation, and urges the 
     United States House of Representatives to enact it swiftly in 
     order to provide the Border Patrol with some of the essential 
     tools that it needs to be able to recruit and retain well-
     qualified individuals to help secure our borders.
           Sincerely,
                                                      T.J. Bonner,
                                                        President.

  I want to especially thank Chairman Tom Davis of the Government 
Reform Committee for his leadership on this bill. I would also like to 
thank Mr. Issa

[[Page 19855]]

for his cosponsorship and his leadership on this issue as well. I urge 
my colleagues to vote ``yes'' on H.R. 6160, the More Border Patrol 
Agents Now Act for 2006.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MEEK of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want to commend Chairman Rogers for both of us working 
together, along with the members of our subcommittee and also full 
committee. I think that this bill is about retention, recruitment and 
respect for the men and women of the U.S. Border Patrol.
  Specifically, this bill will allow bonuses and recruitment and 
retention of the additional Border Patrol agents that are needed. Just 
today in committee we heard from the Department of Homeland Security 
Secretary, Mr. Chertoff, who talked about our SpyNet program that is 
now ongoing and was just awarded to the Boeing Company. We are going to 
need Border Patrol agents that can be on the border that can respond to 
what is seen on television on this recorded and tour system that they 
are going to put along the borders.
  I think it is also important to recognize that the flexibility as it 
relates to this piece of legislation is going to be very, very 
important for us to make sure that we have enough border agents.
  It would also allow the Department to rehire retired Border Patrol 
agents that are willing to serve their country. I think that is very, 
very important.
  I think it is important that we have enough individuals on the border 
and also make sure that we take advantage of their full law enforcement 
capabilities.
  I think it is important also to recognize that our Customs border 
protection officers who secure our borders and conduct inspections of 
people in vehicles and cargo are also facing staffing shortages. I 
think if we are going to protect our borders, I think it is important 
we don't leave these individuals behind. But I do want to recognize the 
fact that I am excited and encouraged that we are moving this bill 
forward today, tonight, to make sure that at least we have the 
individuals in question funded to the level that they need to be 
funded, maybe higher, but making sure that we are moving towards real 
security here in the United States of America.
  I can tell you that it has been very, very fortunate for me to work 
with not only the chairman but also the full committee on this piece of 
legislation. We have had many hearings on it. We have also had those 
men and women on the front line, members of our committee have gone to 
the front line and met with these individuals. I think it is important 
as we move along with the SpyNet program that we have retired members 
that are willing to come back and serve. And also put forth the kind of 
bonuses for retention and break down on attrition on border protection.
  I would also like to say that when we look at national security, Mr. 
Speaker, I think it is important that we work in a bipartisan way. I 
would like to see more of this spirit as we move on, hopefully 
implementing the full 9/11 recommendations. This is one part of it, and 
moving in that direction.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I too want to recognize and thank my colleague from 
Florida. He has been a real ally in this effort to make sure that our 
Border Patrol have the resources they need and work in a very cordial 
and bipartisan way. I appreciate him.
  I do want to acknowledge his concern over Border Patrol officers. I 
share that. It is my hope that as soon as we can get this agent issue 
behind us that we can turn our attention to try to make sure that these 
officer ranks are swelled as well.
  But the thing that I want to most emphasize with my colleagues in the 
House is that with this legislation and with our circumstance on the 
border and the understaffing, time is of the essence; and so I urge my 
colleagues to favorably consider this legislation and vote ``aye.''
  Mr. MEEK of Florida. Mr. Speaker, I yield such time as he may consume 
to the gentleman from the great State of Texas (Mr. Al Green).
  Mr. AL GREEN of Texas. Mr. Speaker, I thank the chairman, Chairman 
Rogers, and Congressman Meek.
  Mr. Speaker, I would like to paraphrase the great Frederick Douglass, 
who reminded us that we may not get all that we have worked for; 
however, we will work for all that we get.
  Clearly, we have worked to get more Border Patrol agents. It is 
important that we do so. At the rate of 33 to 1, 66,000 before we can 
get 2,000, it will take a considerable amount of time to get the number 
of agents needed. So we should work and we have worked for more Border 
Patrol agents.
  However, the record should also reflect, Mr. Speaker, that we have 
worked for more Customs and border protection officers. They are the 
people that inspect people as well as cargo at ports of entry. They are 
the persons who caught the Millennium Bomber. They need help, too. I 
thank the chairman for his indication that we will move in that 
direction.
  This bill is not all that we have worked for, but it is all that we 
can get right now, and I urge my colleagues to support the bill. I 
thank the chairman and Congressman Meek.
  Mr. MEEK of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want to respond to the chairman by saying I appreciate 
his recognition of our Customs border protection officers and their 
need of being able to be a part of something good and something in 
protecting America.
  I think that it is important that not only on the minority side but 
on the majority side we make a commitment to these very fine men and 
women. They put their lives on the line every day serving our country. 
These are individuals that are conducting inspections of people, 
vehicles, and cargo. As long as we hold them in our heart and also in 
our mind, as we move forward from this point on, I think it will 
protect America even further.
  I join Mr. Green and also Mr. Rogers in encouraging all of our 
Members to vote in the affirmative in making sure that we pass this 
very important piece of legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Indiana (Mr. Souder).
  Mr. SOUDER. Mr. Speaker, I thank the chairman for his leadership and 
the ranking minority member. It is clear that we have had the goal for 
adding Border Patrol agents for some time in this Congress.
  A number of years ago when the Homeland Security Committee was first 
being created and we were looking at how better to protect our border, 
it became apparent that as we went to air marshals, we had more people 
leaving the Border Patrol than we could hire. When we were hiring into 
the Border Patrol, we were pulling them out of State and local police, 
and then they would move over to other agencies.
  Unless we take special efforts in this Congress to do more to retain 
our Border Patrol and pay additional money to them, we are not going to 
be able to meet the hypothetical goals that we have set for ourselves.
  When we debated about fencing on the border, we heard that we need to 
have more Border Patrol. We have had difficulty holding the Border 
Patrol we have and meeting the numbers of our current assessments which 
would only put us to a fraction of actually controlling the border.
  That is why in the House, and most on our side at least support 
border fencing and virtual fencing, but we also support dramatic 
increases in the number of Border Patrol and changing and making 
adaptations in their pay scales and in their retention because without 
that, we will not have adequate Border Patrol.

                              {time}  1915

  So I thank the chairman for his leadership with this because this is 
an important part of a comprehensive border

[[Page 19856]]

strategy for the people who are on the ground who have in many cases 
jobs where they sit there for long periods of time, where they may or 
may not see somebody coming in through the southern border in 
particular in very hot environments, and to retain somebody in that job 
requires additional assistance. And I am glad to see that we are 
authorizing that, that we are starting to move ahead, because this is 
one of the most critical steps, along with the fencing, in controlling 
the Southwest border.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield such time as she may 
consume to the gentlewoman from Texas, Ms. Sheila Jackson-Lee.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank Chairman Rogers and 
Ranking Member Meek both for their leadership.
  This has been a committee that has found common ground in many 
instances, and certainly I rise to support the More Border Patrol 
Agents Now Act of 2006, which would help develop a plan that would give 
us a long-term opportunity to plan over the years for recruitment of 
our Border Patrol agents.
  Let me tell you what else I think is needed that I hope will be 
included in our long-range plan, an affirmation of the Border Patrol 
agents, of the value of their work, the necessity of their work. 
Certainly we know that there have been some ups and downs. Right now, 
we are confronting an issue in Texas about the prosecution of Border 
Patrol agents and whether the facts were in order, but I think it is 
important that they know the rules, they have professional development, 
and as well there is a definitive way to recruit. But let me say to you 
that I hope that as we move toward legislation that addresses the 
question of Border Patrol agents, we will address the question of 
professional development, their civil service status.
  And I would commend to you H.R. 4044, legislation that I wrote, that 
I had the endorsement of the National Border Patrol Council. Mr. T.J. 
Bonner is president, who is seeking to ensure that there is a civil 
service protection for Border Patrol agents and there is a certain 
elevation of their level that speaks to their compensation. So that has 
to be a part of the package of recruitment as well. And, of course, 
advancement, salary increases, these are real, hard-core issues that 
will help retain those that we hire.
  Lastly, let me say that, in addition, we do want to ensure that they 
have the equipment; and I know we have had a series of amendments taken 
from H.R. 4044, the leadership of Mr. Thompson and the full committee 
for body armor and special weapons and night vision and computers. We 
have to give them the equipment that they need to ensure that they can 
do the job. And I know, as I see Mr. Rogers and my good friend, the 
ranking member, I see the word ``accountability,'' not wasting dollars 
and making sure that we go in the right direction in terms of expending 
these dollars for our Border Patrol so that we make sure that we are an 
efficient department. I want to do that, too.
  I close on this note: The question is always asked whether or not we 
are safer today than we were 5 years ago. Certainly what is missing is 
we have not kept up with the 9/11 Commission report in providing Border 
Patrol agents in the numbers that we should have provided. Certainly 
any statement that we make today on the floor that commends Border 
Patrol agents and thanks them but also talks about having more of them 
is a step in the right direction. And I would only ask my colleagues to 
realize that in being safe at home, we have to confront the issues 
dealing with our conflict in Iraq.
  But I do rise to support this legislation. I thank the gentleman for 
yielding, and I ask my colleagues to support the More Border Patrol 
Agents Now Act of 2006. And I thank the distinguished gentleman from 
Florida and the full committee.
  I rise in support of the More Border Patrol Agents Now Act of 2006, 
H.R. 6160. The More Border Patrol Agents Now Act would require the 
Homeland Security Secretary to develop a plan to determine how the 
Border Patrol can better recruit and retain Border Patrol agents. It 
also would establish bonuses for agents who agree to serve for a 
specified period of time. In addition, it would waive the offset that 
reemployed annuitants currently have to pay if they return to 
government service after retirement. The authority to provide these 
incentives would terminate five years after the enactment of H.R. 6160.
  I agree that we should require the Homeland Security Secretary to 
develop a plan to determine how the Border Patrol can better recruit 
and retain Border Patrol agents. I also agree that we should authorize 
the incentives. But much more is needed to deal effectively with the 
retention and recruitment issues of the Border Patrol.
  We also need to provide the Border Patrol with the equipment and 
resources they need to secure the border. I have introduced a bill that 
would provide the Border Patrol with the equipment and resources they 
need, the Rapid Response Border Protection Act of 2005, H.R. 4044.
  H.R. 4044 would add 15,000 Border Patrol agents over the next five 
years, increasing the number of agents from 11,000 to 26,000. With more 
than 8,000 miles of land and coastal borders to patrol continuously, it 
is evident that this increase is desperately needed, particularly if 
they are to be able to respond in sufficient numbers when heavily armed 
smugglers are encountered. H.R. 4044 also has provisions for body 
armor, special weapons, and night vision equipment.
  H.R. 4044 is strongly endorsed by the National Border Patrol Council 
and the National Homeland Security Council, organizations that 
represent the front-line employees who enforce our immigration and 
customs laws.
  I have said often that a piecemeal approach to immigration reform 
will not work. We need comprehensive immigration reform that will fix 
our broken immigration system, such as would be provided by my Save 
America Comprehensive Immigration Act, H.R. 2092. But even a good 
immigration system will not stop drug smugglers from crossing our 
borders illegally. For that, we need a Border Patrol with enough agents 
to patrol the entire border effectively, and they have to have the 
weapons and other equipment that is necessary for confrontations with 
heavily armed drug smugglers and the other dangerous criminals who 
cross the border illegally.
  Nevertheless, the More Border Patrol Agents Now Act is a step in the 
right direction. I urge you to vote for it.
  Mr. ROGERS of Alabama. Mr. Speaker, I would like to close by once 
again thanking Ranking Member Meek for his support and hard work; and I 
urge my colleagues to vote ``aye'' on H.R. 6160.
  Mr. ISSA. Mr. Speaker, I rise today in support of H.R. 6160, the More 
Border Patrol Agents Now Act of 2006.
  This legislation takes an important step toward making our borders 
more secure and our country safer. More agents along our Nation's 
borders will lead to better enforcement of our immigration laws. The 
President's commitment of 6,000 more Border Patrol agents in the next 
two years is a good start to enhancing border security, but if these 
agents cannot be easily hired, or if current Border Patrol agents are 
lost to other employment, this enhanced security cannot be maintained.
  Personnel concerns should not be a factor limiting the effectiveness 
of the Border Patrol.
  H.R. 6160 addresses some of these concerns. By streamlining the 
hiring process and offering recruitment and retention bonuses, H.R. 
6160 takes steps to ensure that the Border Patrol will be an effective 
first line of defense at our borders.
  Numerous times, I have met with Border Patrol agents in and around my 
district in Southern California. On several occasions, the issue of the 
age limit for new hires has been brought up. Currently, the Border 
Patrol is covered under law enforcement retirement provisions, meaning 
new hires must be under the age of 40, unless they presently serve or 
have previously served in a position covered by federal civilian law 
enforcement retirement. This precludes retired members of our armed 
forces from employment by the Border Patrol if they are 40 years of age 
or older. Because of this arbitrary provision, the Border Patrol is 
unable to hire extremely qualified individuals, many of whom would need 
little further training to be effective Border Patrol agents. It is my 
hope that Congress will address the age limit issue so even more 
qualified agents can be hired.
  I want to thank Mr. Rogers for his leadership on this issue. I would 
also like to thank Chairmen King and Davis and both the Homeland 
Security and Government Reform Committees for responding to the needs 
of the Border Patrol Agency so it can better secure our Nation's 
borders.
  Mr. THOMPSON of Mississippi. Mr. Speaker, the Administration 
requested that the Border Patrol increase its ranks by 6,000 more

[[Page 19857]]

agents by 2008. This Congress has failed to act to meet this goal.
  This bill is a good start towards ensuring we at least provide better 
salaries to the Border Patrol agents we already have.
  But this bill only addresses part of the border security equation. It 
fails to address the other half--Customs and Border Protection 
Officers.
  Mr. Speaker, we have heard that the Border Patrol and the Customs and 
Border Protection Officer Corps both face recruitment and retention 
problems.
  As we know, the Border Patrol agents guard our borders, which is a 
tough job. But this bill overlooks the demanding and dangerous job that 
Customs and Border Protection Officers perform when they inspect cargo 
and people entering the United States at the various Ports of Entry. 
Both of these jobs are an important part of efforts to protect our 
borders, and the people doing these jobs should be justly compensated.
  The only way we can address these employment issues is by exploring 
all options available to this Congress and the Department through the 
legislative and oversight process, not simply relying on an election 
year gimmick of passing a bill that will not likely be acted on by the 
Senate nor enacted into law.
  A meaningful full-step forward would be having a hearing on this bill 
and requesting all of the stakeholders to come and testify before our 
Committee on how to address the employment problems in the Customs and 
Border Protection Directorate.
  Mr. Speaker, I will support this bill because I know this is a good 
step towards fully securing our country. But, we will only be making 
real progress when we hire enough Border Patrol agents and Customs and 
Border Protection Officers and make sure both these groups are better 
paid and equipped.
  Mr. WAXMAN. Mr. Speaker, border security is an issue of great concern 
to all Americans. It deserves serious deliberation and congressional 
consideration. Unfortunately, the bill before us now, H.R. 6160, the 
More Border Patrol Agents Now Act, was introduced yesterday and is 
being considered on the floor today without benefit of committee action 
by either the Homeland Security or Government Reform Committee.
  H.R. 6160 would grant the Department of Homeland Security the ability 
to award Border Patrol agents lump-sum recruitment and retention 
bonuses of up to 25 percent of annual pay. It would also allow the 
Department to rehire retirees. The Department can already do this under 
current Governmentwide authorities as long as it works with the Office 
of Personnel Management, OPM, the agency which best understands hiring 
needs.
  Giving the Department this direct authority to circumvent OPM may or 
may not be a good idea. Appropriate action by the committees of 
jurisdiction would have allowed us to determine whether or not this 
independent authority is needed.
  In short, we should not view this bill as a magic bullet to cure the 
ills of the Border Patrol. The Director of the OPM already has the 
authority to authorize the head of an agency to pay these bonuses. So 
the only real effect of this measure will be to cut the Federal agency 
with the most expertise in Federal personnel issues out of the 
decisionmaking process with regard to the Border Patrol.
  Mr. ISSA. Mr. Speaker, I rise today in support of H.R. 6160, the More 
Border Patrol Agents Now Act of 2006.
  This legislation takes an important step toward making our borders 
more secure and our country safer. More agents along our Nation's 
borders will lead to better enforcement of our immigration laws. The 
President's commitment of 6,000 more Border Patrol agents in the next 2 
years is a good start to enhancing border security, but if these agents 
cannot be easily hired, or if current Border Patrol agents are lost to 
other employment, this enhanced security cannot be maintained.
  Personnel concerns should not be a factor limiting the effectiveness 
of the Border Patrol.
  H.R. 6160 addresses some of these concerns. By streamlining the 
hiring process and offering recruitment and retention bonuses, H.R. 
6160 takes steps to ensure that the Border Patrol will be an effective 
first line of defense at our borders.
  Numerous times, I have met with Border Patrol agents in and around my 
district in Southern California. On several occasions, the issue of the 
age limit for new hires has been brought up. Currently, the Border 
Patrol is covered under law enforcement retirement provisions, meaning 
new hires must be under the age of 40, unless they presently serve or 
have previously served in a position covered by federal civilian law 
enforcement retirement.
  This precludes retired members of our armed forces from employment by 
the Border Patrol if they are 40 years of age or older. Because of this 
arbitrary provision, the Border Patrol is unable to hire extremely 
qualified individuals, many of whom would need little further training 
to be effective Border Patrol agents. It is my hope that Congress will 
address the age limit issue so even more qualified agents can be hired.
  I want to thank Mr. Rogers for his leadership on this issue. I would 
also like to thank Chairmen King and Davis and both the Homeland 
Security and Government Reform Committees for responding to the needs 
of the Border Patrol Agency so it can better secure our Nation's 
borders.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alabama (Mr. Rogers) that the House suspend the rules 
and pass the bill, H.R. 6160.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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