109TH CONGRESS 
2D SESSION 
H. R. 6160
AN ACT 
To recruit and retain Border Patrol agents.
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 ‘‘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 deter-
mine how the Border Patrol can better recruit and retain 
Border Patrol agents with the appropriate skills and train-
ing to effectively carry out its mission and responsibilities. 
(b) CONTENTS.—The plan shall include, at a min-
imum, the following components: 
(1) A strategy for the utilization of the recruit-
ment 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 Sec-
retary determines to be important in recruiting well-
qualified Border Patrol agents. 
(2) A strategy for the utilization of the reten-
tion 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 Sec-
retary 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 De-
partment’s ability to recruit and retain Border Pa-
trol agents, especially in high cost-of-living areas. 
(4) An assessment of whether increased oppor-
tunities for Border Patrol agents to transfer between 
duty stations would improve employee morale and 
enhance the Department’s ability to recruit and re-
tain 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 fol-
lowing new section: 
‘‘§ 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 indi-
vidual to recruit a sufficient number of Border Pa-
trol 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 per-
cent of the annual rate of basic pay of the posi-
tion involved as of the beginning of the period 
of service referred to in paragraph (3)(A). 
‘‘(B) LUMP-SUM.—A bonus under this sub-
section 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 agree-
ment 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 agree-
ment may be terminated before the agreed-upon 
service period has been completed, and the ef-
fect of such termination.
‘‘(4) LIMITATION
ON
ELIGIBILITY.—A bonus 
under this section may not be paid to recruit an in-
dividual for—
‘‘(A) a position to which an individual is 
appointed by the President, by and with the ad-
vice 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 bo-
nuses 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 agree-
ment 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 agree-
ment may be terminated before the agreed-upon 
service period has been completed, and the ef-
fect 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 per-
cent of the annual rate of basic pay of the posi-
tion involved as of the beginning of the period 
of service referred to in paragraph (2)(A). 
‘‘(B) LUMP-SUM.—A bonus under this sub-
section 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 sub-
section 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 au-
thority to grant bonuses under this subsection shall 
expire five years after the date of the enactment of 
this section. 
‘‘(c) WAIVER AUTHORITY RELATING
TO REEM-
PLOYED ANNUITANTS.—
‘‘(1) IN GENERAL.—In order to help address 
the challenges faced by the United States Border 
Patrol, the Secretary of Homeland Security may ap-
point 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 Bor-
der 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 para-
graph (2) shall not, in the case of any annu-
itant 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 per-
formed 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 appoint-
ment would result in the displacement of any Border 
Patrol employee. 
‘‘(5) DEFINITION.—For purposes of this sub-
section, 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 con-
tents 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:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 6160
AN ACT 
To recruit and retain Border Patrol agents.