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SECTION 1. FINDINGS.

Congress makes the following findings:
(1) Numerous studies by the Office of the Inspector General
of the Department of the Interior, the General Accounting
Office, and independent auditors have criticized the absence of
independent oversight or other forms of internal control over
the Department's management of Indian trust assets and trust
funds.
(2) Indian and tribal account holders have indicated that
they will have little or no confidence in the reform of the
trust management system if the reform is carried out by the
same entities that are responsible for the management of the
system on the date of enactment of this Act.
(3) It would constitute an inherent conflict of interest or
at least the appearance of a conflict of interest if the entity
establishing internal controls for a trust management system
were to be appointed, supervised, and subject to removal by the
entity that such internal controls are written for.
(4) Account holder confidence will be improved if the same
official is not simultaneously responsible for the immediate
supervision of the fiduciary and financial reporting activities
of both the trust fund accounting system and the trust asset
and accounting management system.
(5) To the extent practicable, the reform of activities and
creation of internal controls as described in the Department of
the Interior's Trust Management Improvement Project, High Level
Implementation Plan dated July 1998, and any amendments or
modifications to that plan, should be carried out by private
contractors.

SEC. 2. SPECIAL TRUSTEE FOR DATA CLEANUP AND INTERNAL CONTROL.

The American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.) is amended--
(1) by redesignating title IV as title V;
(2) by redesignating section 401 as section 501; and
(3) by inserting after title III, the following:

''TITLE IV--MISCELLANEOUS PROVISIONS

''SEC. 401. SPECIAL TRUSTEE FOR DATA CLEANUP AND INTERNAL CONTROL.

''(a) Establishment.--There is hereby established within the
Department of Interior the Office of Special Trustee for Data Cleanup
and Internal Control. The Office shall be headed by the Special Trustee
for Data Cleanup and Internal Control (referred to in this section as
the 'Special Trustee') who shall report directly to the Secretary.
''(b) Special Trustee.--
''(1) Appointment.--The Special Trustee shall be appointed
by the Inspector General of the Department of the Interior from
among individuals who possess demonstrated ability in the--
''(A) development and implementation of internal
controls;
''(B) development and implementation of trust
management procedures; and
''(C) conversion or rehabilitation of trust
management systems.
''(2) Compensation.--The Special Trustee shall be paid at a
rate determined by the Secretary to be appropriate for the
position, but not less than the basic pay payable at Level III
of the Executive Schedule under Section 5313 of Title 5.
''(3) Term of office.--The Special Trustee shall serve for
a term of 2 years and may only be removed for good cause by the
Secretary.
''(c) Duties.--
''(1) In general.--Notwithstanding title III, the Special
Trustee shall oversee the following subprojects as identified
in the Draft Trust Management Improvement Project Subproject
Task Updates, dated April 1999:
''(A) Subproject #1, OST Data Cleanup.
''(B) Subproject #5, Trust Funds Accounting System.
''(C) Subproject #9, Policies and Procedures.
''(D) Subproject #10, Training.
''(E) Subproject #11, Internal Controls.
''(2) Oversight.--The Special Trustee shall oversee the
expenditure of funds appropriated by Congress for each of the
subprojects described in paragraph (1), including the approval
or modification of contracts, and make employment decisions for
each of the positions funded for each of such projects.
''(3) Contracting.--To the maximum extent practicable, the
Special Trustee shall ensure that activities are carried out
under this subsection through contracts entered into with
private entities or through the retention of the temporary
services of trust management specialists.
''(d) Modification of Implementation Plan.--To the extent that the
activities to be carried out under subsection (c) are altered or
amended as a result of any modification made after the date of
enactment of this Act to the Department of the Interior's Trust
Management Improvement Project, High Level Implementation Plan (dated
July 1998), the Special Trustee shall continue to be responsible for
overseeing such activities.''.
Requires that the Special Trustee ensure that activities are carried out under this Act through contracts entered into with private entities or through the retention of the temporary services of trust management specialists.
Declares that the Special Trustee shall continue to be responsible for overseeing such activities if they are altered or amended as a result of any modifications to the Department's Trust Management Improvement Project, High Level Implementation Plan (dated July 28, 1998).

SECTION 1. YELLOWSTONE BUFFALO PRESERVATION.

(a) Short Title.--This section may be cited as the ''Yellowstone
Buffalo Preservation Act''.
(b) Findings.--Congress finds the following:
(1) More than any other animal, the American buffalo (Bison
bison) is a wildlife icon of the United States. The American
buffalo is the symbol that represents the Department of the
Interior. The American buffalo is profoundly significant to
Native American cultures and, perhaps more than any other
wildlife species, has influenced our history.
(2) The American buffalo is still under assault, as it was
in the late 19th Century when it was nearly exterminated. At
the end of the great slaughter, in which tens of millions of
buffalo were killed, only a few hundred wild buffalo remained
in the Nation and all were located in Yellowstone National
Park. Due to poaching, their numbers were reduced to 25 by the
year 1900.
(3) The offspring of the 25 survivors comprise the
Yellowstone buffalo herd and are the only wild, free-roaming
American buffalo to continuously occupy their native habitat in
the United States.
(4) The Yellowstone buffalo herd is genetically unique.
Unlike captive ranched buffalo, which are now relatively
common, the Yellowstone buffalo herd has never interbred with
cattle and has retained its wild character.
(5) Because the Park lacks extensive low-elevation winter
habitat that provides bison and elk with access to winter
forage, wildlife migrate from the high elevation plateau of
Yellowstone National Park to lower elevation habitat adjacent
to the Park in winter and spring.
(6) The Yellowstone buffalo herd was exposed to the
bacterium Brucella abortus, which can cause the disease
brucellosis, in 1917. Brucellosis is only transmitted through
animal ingestion of contaminated reproductive products.
Brucellosis can cause abortions in infected animals, but only
infectious females who have the bacteria in their reproductive
system represent any potential threat of transmission. The risk
of transmission between wild buffalo and cattle was deemed low
in a 1992 General Accounting Office report, and again in a 1998
National Research Council study. In fact, there has never been
a confirmed incidence of brucellosis transmission in the wild
from buffalo to cattle. Buffalo with brucellosis and cattle
have grazed together for over 50 years in the Jackson Hole area
south of Yellowstone without any incident of disease
transmission. Despite these facts, the National Park Service,
the United States Forest Service, and the State of Montana
Department of Livestock haze, capture, and kill members of the
Yellowstone buffalo herd in an attempt to keep them unnaturally
confined within Yellowstone National Park. At the same time,
approximately 13,000 Yellowstone elk, some of which also harbor
brucellosis, are allowed unfettered access to Federal land
outside the Park. Since 1984, nearly 3,700 American buffalo
have been killed in Montana as a result of this policy. In the
winter of 2002-2003, 244 buffalo were killed by the Federal and
State agencies, including 231 buffalo which were captured and
slaughtered by the National Park Service.
(7) The key lower elevation habitat needed by American
buffalo is primarily on Gallatin National Forest lands adjacent
to the north and west sides of the Park. On the north side,
taxpayers spent $13,000,000 in 1999 for a private-Federal land
exchange intended to make low elevation habitat adjacent to the
Yellowstone River accessible to the Yellowstone buffalo herd
and other wildlife. The land exchange has not yet been
finalized by Federal agencies and therefore key habitat is not
available to the Yellowstone buffalo herd.
(8) On the west side of the Park, the Horse Butte peninsula
provides prime wildlife habitat for grizzly bears, trumpeter
swans, bald eagles, wolves, and buffalo. The peninsula
comprises approximately 10,000 acres of primarily Gallatin
National Forest Federal lands extending into Hebgen Lake.
(9) National Park Service lands have been set aside for the
conservation of resources and values and for the enjoyment and
use of all citizens. The Federal lands adjacent to the Park
represent some of the most valuable and important wildlife
habitat in the lower forty-eight states. They are integrally
connected to the health of wildlife residing seasonally in our
Nation's oldest national park. Together, the Park and the
adjacent Federal lands provide some of our Nation's richest
opportunities for recreation, wildlife viewing, family camping,
wildlife conservation, fishing, and other recreational and
sporting activities. These Federal lands should be
preferentially managed to sustain this rich and diverse
wildlife resource and to provide the public with enjoyment of
this National treasure.
(c) Purpose.--The purpose of this Act is to provide for the
protection of the Yellowstone buffalo herd by allowing the Yellowstone
buffalo herd to freely roam Federal lands outside of the Park. The
Federal lands that are affected by this Act are those within the Park
and adjacent to it on the north and west boundaries as indicated by
zones 2 and 3 on the Modified Preferred Alternative Map on page 181 of
the 2000 Bison Management Plan for the State of Montana and Yellowstone
National Park Final Environmental Impact Statement.
(d) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Hazing.--The term ''hazing'' means any individual
effort to drive away, obstruct, chase, scare, or deter natural
movements of wildlife, including hazing efforts carried out on
foot or horseback or efforts aided by machinery, aircraft, or
any type of noise-making device.
(2) Individual.--The term ''individual'' means any person
representing a State or Federal Government.
(3) Park.--The term ''Park'' means Yellowstone National
Park.
(4) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(5) Yellowstone buffalo herd.--The term ''Yellowstone
buffalo herd'' means the wild, free roaming, unfenced buffalo
living primarily within Yellowstone National Park.
(e) Prohibited Acts; Criminal Penalties.--
(1) Prohibited acts.--No individual may kill, haze, or
capture any buffalo on Federal land or land held under Federal
conservation easements or use any form of bait to lure buffalo
from any Federal land onto private land until the duties under
subsection (f) are carried out.
(2) Penalties.--
(A) Initial violation.--Any individual found to be
in violation of paragraph (1) for the first time shall
be fined not more than $5,000 or imprisoned not more
than 1 year or both.
(B) Subsequent violations.--Any individual found to
be in violation of paragraph (1) after the first such
finding shall be fined not more than $10,000 or
imprisoned not more than 2 years or both.
(C) Reward.--One half of any fine collected under
this subsection or $2,500, whichever is less, shall be
paid to any person or persons giving information which
leads to conviction of a violation of this subsection.
(D) Exception.--This subsection shall not apply to
a person that is found to have been hazing a buffalo if
the person is physically endangered or private property
was damaged by a buffalo.
(f) Duties.--The Secretary and other appropriate Federal agencies
shall ensure that the following is accomplished not later than 3 years
after the date of the enactment of this Act:
(1) The Yellowstone buffalo herd is allowed to freely roam
the Park and the Federal lands adjacent to Yellowstone National
Park on the north and west boundaries as indicated by zones 2
and 3 on the Modified Preferred Alternative Map on page 181 of
the 2000 Bison Management Plan for the State of Montana and
Yellowstone National Park Final Environmental Impact Statement
without being hazed. These lands shall be made available
preferentially for buffalo and wildlife use.
(2) Management authority of the Yellowstone buffalo herd
within the Park is under the sole jurisdiction of the National
Park Service.
(3) The land exchange described in section 1(b)(7) with the
private property owner has been finalized, as set forth in the
agreement executed in 1999, so that the Yellowstone buffalo
herd may freely roam the lands described in paragraph (1).
(4) The National Park Service has disassembled the Stephens
Creek Buffalo Capture Facility.
(5) The Secretary has made every effort practicable to
allow the Yellowstone buffalo herd to freely roam Federal lands
through incentives and cooperative efforts with adjacent
private landowners, including through acquisition, easement,
cattle vaccination, and landowner agreement pertaining to
temporal and spatial separation of livestock from the
Yellowstone buffalo herd.
Yellowstone Buffalo Preservation Act - Prohibits an individual from killing, hazing, or capturing any buffalo on Federal lands or land held under Federal conservation easements or using any form of bait to lure buffalo from any Federal land onto private land until the Secretary of the Interior and other appropriate Federal agencies carry out specified duties.

Establishes fines and criminal penalties for violations of this Act.

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.
More Border Patrol Agents Now Act of 2006 - Directs the Secretary of Homeland Security to submit to the House Committees on Homeland Security and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a plan to determine how the Border Patrol can better recruit and retain agents with the appropriate skills and training.

Requires such plan to include: (1) recruitment and retention strategies; and (2) assessments of the impact of pay levels and duty station transfer opportunities upon recruitment and retention.

Amends federal law to authorize the Secretary (for five years) to pay a: (1) bonus to an individual to recruit Border Patrol agents; and (2) retention bonus to Border Patrol agents.

States that such bonuses shall: (1) not exceed 25% of the annual rate of basic pay of the position involved; (2) be paid in a lump-sum and not be considered part of basic pay; and (3) be contingent upon the individual entering into a written service agreement with the Border Patrol.

Authorizes the Secretary (for five years) to appoint annuitants to Border Patrol positions. Excludes such positions from specified offsets. Prohibits appointments that would displace any Border Patrol employee.