I 
110TH CONGRESS 
1ST SESSION 
H. R. 311 
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 
JANUARY 5, 2007 
Mr. PEARCE introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform 
A BILL 
To amend title 5, United States Code, to increase the max-
imum age for the original appointment of a retired mem-
ber of the Armed Forces to a border patrol agent posi-
tion, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 2007’’. 
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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 fol-
lowing: 
‘‘(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 sub-
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paragraph (B), including in a supervisory or administra-
tive position to which such employee transfers directly 
from a border patrol agent position, is entitled to an annu-
ity. 
‘‘(B) A border patrol agent described in this subpara-
graph is any border patrol agent (as defined in section 
3307(g)) who, at the time of original appointment to a 
position as such an 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 adding at the end the following: 
‘‘(3) 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 sub-
stituting ‘15 years of service’ for ‘20 years of service’.’’. 
(b) AMENDMENTS TO FEDERAL EMPLOYEES’ RE-
TIREMENT 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 
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(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 com-
pleting 15 years of service as a border patrol agent de-
scribed in subparagraph (B), including in a supervisory 
or administrative position to which such employee trans-
fers directly from a border patrol agent position, is enti-
tled to an annuity. 
‘‘(B) A border patrol agent described in this subpara-
graph is any border patrol agent (as defined in section 
3307(g)) who, at the time of original appointment to a 
position as such an 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 adding at the end the following: 
‘‘(3) 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 sub-
stituting ‘15 years of service’ for ‘20 years of service’.’’. 
Æ 
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