Secure the Border Now Act of 2006 - Directs the the Secretary of Homeland Security to: (1) establish a plan applicable to pay, recruitment, relocation, and retention of federal law enforcement officers, which shall include Border Patrol recruitment, retention, salary, and transfer incentives; (2) take steps to control the costs of hiring, training, and deploying new Border Patrol agents, including FY2007 per-agent training cost limits; (3) enter into agreements with state and local law enforcement training academies, universities, nonprofit organizations, and private companies to replicate the initial training provided to new Border Patrol agents; and (4) enter into contracts with private entities to provide temporary administrative and other support to Border Patrol agents and Customs and Border Protection Officers deployed at U.S. ports of entry or along the international land and maritime borders of the United States.
Amends the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States to: (1) extend Federal Law Enforcement Training Center authority to appoint and maintain a cadre of federal annuitants; and (2) increase the maximum number of such annuitants from 250 to 350.
Authorizes the Commissioner of United States Customs and Border Protection (CBP) to appoint and employ (for up to five years) up to 500 federal annuitants for CBP border-related positions.
Authorizes the Secretary to use specified security and terrorism prevention grant funds for border security activities.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6015 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6015
To enhance border security through the use of temporary support
personnel, expansion of Border Patrol agent training, increased hiring
authority, support for local law enforcement agencies, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2006
Mr. Rogers of Alabama (for himself, Mr. Blunt, Mr. Cantor, Mr. Hunter,
Mr. Tancredo, Mr. McCaul of Texas, Mr. McCotter, Mr. Jones of North
Carolina, Mr. Everett, Mr. Bachus, Mr. Aderholt, Mr. Bonner, and Mrs.
Musgrave) introduced the following bill; which was referred to the
Committee on Homeland Security
_______________________________________________________________________
A BILL
To enhance border security through the use of temporary support
personnel, expansion of Border Patrol agent training, increased hiring
authority, support for local law enforcement agencies, and for other
purposes.
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 ``Secure the Border Now Act of 2006''.
SEC. 2. STRENGTHENING BORDER PATROL RECRUITMENT AND RETENTION.
In order to address the recruitment and retention challenges faced
by United States Customs and Border Protection, the Secretary of
Homeland Security shall establish a plan, consistent with existing
Federal statutes applicable to pay, recruitment, relocation, and
retention of Federal law enforcement officers. Such plan shall include
the following components:
(1) The establishment of a recruitment incentive for Border
patrol agents.
(2) The establishment of a retention plan, including the
payment of bonuses to Border Patrol agents for every year of
service after the first two years of service.
(3) An increase in the pay percentage differentials to
Border Patrol agents in certain high-cost areas in the San
Diego, El Centro, Yuma, and Tucson sectors consistent with
entry-level pay to other Federal, State, and local law
enforcement agencies.
(4) The establishment of a mechanism whereby Border Patrol
agents can transfer from one location to another after the
first two years of service in their initial duty location.
SEC. 3. COST-EFFECTIVE ENHANCEMENTS TO BORDER SECURITY.
(a) In General.--The Secretary of Homeland Security shall take such
steps as may be necessary to control the costs of hiring, training, and
deploying new Border Patrol agents, including--
(1) permitting individuals who are in training to become
Border Patrol agents to waive certain course requirements of
such training if such individuals have earlier satisfied such
requirements in a similar or comparable manner as determined by
the Secretary; and
(2) conducting a competitive sourcing study to compare the
costs of training new Border Patrol agents at a non-profit or
private training facility, including the use of private
training facilities to conduct portions of such training.
(b) Limitation on Per-Agent Cost of Training.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall take such steps as may be necessary to ensure
that the fiscal year 2007 per-agent cost of hiring, training,
and deploying each new Border Patrol agent does not exceed
$150,000.
(2) Exception and certification.--
(A) In general.--If the Secretary determines that
the per-agent cost referred to in paragraph (1) exceeds
$150,000, the Secretary shall promptly submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a certification
explaining why such per-agent cost exceeds such amount.
(B) Temporary suspension of training.--Until the
Secretary receives from the committees specified in
subparagraph (A) an approval with respect to such
increased per-agent cost, the Secretary shall suspend
any new hiring, training, and deploying of Border
Patrol agents.
SEC. 4. CONTINUATION OF AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF
FEDERAL ANNUITANTS TO SUPPORT TRAINING FOR BORDER
SECURITY PURPOSES.
Section 1202(a) of the 2002 Supplemental Appropriations Act for
Further Recovery From and Response To Terrorist Attacks on the United
States (Public Law 107-206; 42 U.S.C. 3771 note) is amended in the
first sentence--
(1) by striking ``enactment of this Act'' and inserting
``enactment of the Secure the Border Now Act of 2006''; and
(2) by striking ``250'' and inserting ``350''.
SEC. 5. BORDER PATROL TRAINING EXPANSION.
(a) In General.--The Secretary of Homeland Security shall enter
into agreements with law enforcement training academies operated by
State and local governments, universities, nonprofit organizations, and
private companies to replicate, in whole or in part, the initial
training provided to new Border Patrol agents.
(b) Utilization.--The Secretary shall utilize the authority
described in subsection (a) for fiscal years 2007 through 2011 or until
such time as the Secretary certifies to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate that such authority is
no longer necessary or cost-effective in order to train sufficient
numbers of Border Patrol agents each year to secure the international
land and maritime borders of the United States.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of fiscal years 2007 through
2011 such sums as may be necessary to fund such training.
SEC. 6. AUTHORITY FOR CUSTOMS AND BORDER PROTECTION TO APPOINT AND
MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR BORDER
SECURITY PURPOSES.
(a) In General.--Notwithstanding any other provision of law, the
Commissioner of United States Customs and Border Protection (CBP) may,
for a period ending not later than five years after the date of the
enactment of this Act, appoint and employ up to 500 Federal annuitants
to any position in CBP that supports the President's initiative to
aggressively accelerate the ability of CBP to secure the international
land and maritime borders of the United States--
(1) without regard to any provision of title 5, United
States Code, which might otherwise require the application of
competitive hiring procedures; and
(2) who shall not be subject to any reduction in pay (for
annuity allocable to the period of actual employment) under the
provisions of section 8344 or 8468 of such title or similar
provision of any other retirement system for employees.
(b) Rule of Construction.--A reemployed Federal annuitant as to
whom a waiver of reduction under subsection (a)(2) applies shall not,
for any period during which such waiver is in effect, be considered an
employee for purposes of subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, or such other retirement system (referred
to in such subsection) as may apply.
(c) No Displacement.--No appointment under this section may be made
if such appointment would result in the displacement of any employee.
(d) Counting.--The counting of Federal annuitants shall be done on
a full-time equivalent basis.
(e) Definitions.--For purposes of this section:
(1) Federal annuitant.--The term ``Federal annuitant''
means an employee who has retired under the Civil Service
Retirement System, the Federal Employees' Retirement System, or
any other retirement system for Federal employees.
(2) Employee.--The term ``employee'' has the meaning given
such term in section 2105 of title 5, United States Code.
SEC. 7. USE OF TEMPORARY SUPPORT PERSONNEL.
(a) In General.--The Secretary of Homeland Security shall enter
into contracts with private entities for the purpose of providing
necessary administrative and other support to Border Patrol agents and
Customs and Border Protection Officers deployed at United States ports
of entry or along the international land and maritime borders of the
United States.
(b) Requirements.--The Secretary shall--
(1) not later than 90 days after the date of the enactment
of this Act, publish a request for proposal to hire
administrative support staff to monitor cameras, analyze
intelligence, process paperwork, construct roads and vehicle
barriers, and perform such other duties as determined by the
Secretary; and
(2) terminate the use of the private entities referred to
in subsection (a) when the Secretary submits to the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate that a sufficient number of permanent Federal support
staff have been hired and trained so that Border Patrol agents
and Customs and Border Protection Officers do not perform
duties for which they were not specifically trained.
SEC. 8. USE OF TEMPORARY SECURITY PERSONNEL FOR BORDER SECURITY
FUNCTIONS.
(a) In General.--The Secretary of Homeland Security shall enter
into contracts with private entities for the purpose of providing
enhanced capacity to United States Customs and Border Protection to
secure the international land and maritime borders of the United
States.
(b) Requirements.--The Secretary shall--
(1) not later than 90 days after the date of the enactment
of this Act, direct the Federal Protective Service of United
States Immigration and Customs Enforcement to hire level II
security personnel drawn from the General Services
Administration General Schedule, or publish a request for
proposal to hire similar, highly trained, private security
personnel, in accordance with the Secretary's authority
described in subsection (a);
(2) ensure that such security personnel shall number not
fewer than 5,000 and not more than 8,000 individuals;
(3) in accordance with subsection (d), ensure that the
Chief Security Officer of United States Customs and Border
Protection specifies the requirements that such security
personnel must meet or exceed; and
(4) terminate the use of such security personnel at the
time that the number of full-time active-duty Border Patrol
agents reaches authorized levels of personnel as provided in
such section.
(c) Reduction.--The number of personnel hired under this section
shall be reduced at a rate commensurate with the number of new Border
Patrol agents hired in accordance with section 5202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458).
(d) Requirements Relating to Security Personnel.--The requirements
referred to in subsection (b)(3) for security personnel shall include a
background investigation consisting of criminal and financial history
checks, a review of the individual's citizenship status, a drug test,
and health and psychological screening. Security personnel described in
this section shall also possess prior law enforcement, military, or
other similar experience.
(e) Rule of Construction.--Nothing in this section shall be
construed as providing the Secretary with the authority to hire private
citizens for the purpose stated in this section.
SEC. 9. PERMITTED USE OF HOMELAND SECURITY GRANT FUNDS FOR BORDER
SECURITY ACTIVITIES.
(a) Reimbursement.--The Secretary of Homeland Security may allow
the recipient of amounts under a covered grant to use those amounts to
reimburse itself for costs it incurs in carrying out any terrorism
prevention or deterrence activity that--
(1) relates to the enforcement of Federal laws aimed at
preventing the unlawful entry of persons or things into the
United States, including activities such as detecting or
responding to such an unlawful entry or providing support to
another entity relating to preventing such an unlawful entry;
(2) is usually a Federal duty carried out by a Federal
agency; and
(3) is carried out under agreement with a Federal agency.
(b) Use of Prior Year Funds.--Subsection (a) shall apply to all
covered grant funds received by a State, local government, or Indian
tribe at any time on or after October 1, 2001.
(c) Covered Grants.--For purposes of subsection (a), the term
``covered grant'' means grants provided by the Department of Homeland
Security to States, local governments, or Indian tribes administered
under the following programs:
(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor to such
grant program.
(3) Law enforcement terrorism prevention program.--The Law
Enforcement Terrorism Prevention Program of the Department, or
any successor to such grant program.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
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