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106TH CONGRESS

1ST SESSION H. R. 1881

To modify the rate of basic pay and the classification of positions for certain

United States Border Patrol agents, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1999

Ms. JACKSON-LEE of Texas (for herself and Mr. REYES) introduced the following bill; which was referred to the Committee on the Judiciary, 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 modify the rate of basic pay and the classification of

positions for certain United States Border Patrol agents,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Border Patrol Recruit5 ment and Retention Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress finds as follows:
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1 (1) The United States, being a nation of immi2 grants and a nation operating under laws and agree3 ments that establish immigration procedures by

4 which all Border Patrol agents must abide, should

5 authorize a step pay increase for its United States

6 Border Patrol agents after 1 year of service, in an

7 effort to better recruit and retain urgently needed

8 agents to safely guard the Nation’s borders.

9 (2) The United States Border Patrol performs

10 critical work, and its agents are assigned duties that

11 involve considerable risks and require unique talents

12 to protect the integrity of the borders of the United

13 States.

14 (3) The Immigration and Naturalization Serv15 ice, which is authorized to add a total of 5,000 addi16 tional border agents, at a rate of 1,000 per fiscal

17 year from fiscal year 1997 to fiscal year 2001, did

18 not request any additional agents in its proposed

19 budget for fiscal year 2000, despite being in dire

20 need of increasing its border patrol.

21 (4) Due to poor recruitment and retention of

22 United States Border Patrol agents, 7 classes at the

23 Academy have already been canceled and less than

24 400 agents are currently in training. At this rate,

25 training of agents would still fail to meet the fiscal
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1 year 1999 and fiscal year 2000 budget requests re2 lating to the addition of Border Patrol agents.

3 (5) There is a real need to increase the border

4 patrol along the Southwest border, in States such as

5 Texas, Arizona, California, and New Mexico. Such

6 an increase is necessary and proper.

7 SEC. 3. BORDER PATROL AGENT PAY AND CLASSIFICATION.

8 (a) IN GENERAL.—Any Border Patrol agent classi9 fied as a GS–1896 position who completes a 1-year period

10 of service at a GS–9 grade and whose current rating of

11 record is fully successful or higher shall be classified at

12 a GS–11 grade and receive pay at the minimum rate of

13 basic pay for a GS–11 position.

14 (b) NONREDUCTION.—Subsection (a) shall not be

15 construed to—

16 (1) limit or reduce the rate of pay of any Bor17 der Patrol agent; or

18 (2) reclassify a Border Patrol agent at a lower

19 classification of position.

20 (c) EFFECTIVE DATE.—This section shall take effect

21 on the first day of the first applicable pay period beginning

22 on or after the later of—

23 (1) October 1, 1999; or

24 (2) 120 days after the date of the enactment of

25 this Act.
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1 SEC. 4. OFFICE OF BORDER PATROL RECRUITMENT AND

2 RETENTION.

3 (a) ESTABLISHMENT.—Not later than 90 days after

4 the date of enactment of this Act, the Commissioner of

5 the Immigration and Naturalization Service shall establish

6 an Office of Border Patrol Recruitment and Retention

7 within the Immigration and Naturalization Service.

8 (b) FUNCTIONS.—The Office of Border Patrol Re9 cruitment and Retention shall—

10 (1) develop outreach programs to identify and

11 recruit prospective Border Patrol agents;

12 (2) develop programs to retain Border Patrol

13 agents; and

14 (3) submit recommendations to the Commis15 sioner of the Immigration and Naturalization Serv16 ice relating to pay and benefits of Border Patrol

17 agents.

18 (c) REPORT TO CONGRESS.—Not later than 150 days

19 after the date of enactment of this Act, the Commissioner

20 of the Immigration and Naturalization Service shall sub21 mit a report to the Congress on the establishment and

22 activities of the Office of Border Patrol Recruitment and

23 Retention.
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1 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated $50,000,000

3 for fiscal year 2000 and such sums as may be necessary

4 for each fiscal year thereafter to carry out this Act.

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