S.Amdt. 3256

1. Adds TITLE __--RAPID RESPONSE at the end of the bill

   Adds a title

   In S. 2454 · Placed on Calendar Senate

   The Attorney General, in consultation with the Secretary, shall, as soon as practicable but not later than 90 days after the date of the enactment of this Act, submit to Congress a draft of any technical and conforming changes in the Immigration and Nationality Act which are necessary to reflect the changes in the substantive provisions of law made by the Homeland Security Act of 2002, this Act, or any other provision of law.

   Inserted: TITLE __--RAPID RESPONSE

   Inserted: Subtitle A--Rapid Response Measures SEC. _01. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS.

   Inserted: (a) In General.--If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional United States Border Patrol agents from the Secretary of Homeland Security, the Secretary is authorized, subject to subsections (b) and (c), to provide the State with up to 1,000 additional United States Border Patrol agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border and entering the United States at any location other than an authorized port of entry.

   Inserted: (b) Consultation.--The Secretary of Homeland Security shall consult with the President upon receipt of a request under subsection (a), and shall grant it to the extent that providing the requested assistance will not significantly impair the Department of Homeland Security's ability to provide border security for any other State.

   Inserted: (c) Collective Bargaining.--Emergency deployments under this section shall be made in conformance with all collective bargaining agreements and obligations.

   Inserted: SEC. _02. ELIMINATION OF FIXED DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS.

   Inserted: The Secretary of Homeland Security shall ensure that no United States Border Patrol agent is precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances where the temporary use of fixed deployment positions is necessary.

   Inserted: SEC. _03. HELICOPTERS AND POWER BOATS.

   Inserted: (a) In General.--The Secretary of Homeland Security shall increase by not less than 100 the number of United States Border Patrol helicopters, and shall increase by not less than 250 the number of United States Border Patrol power boats. The Secretary of Homeland Security shall ensure that appropriate types of helicopters are procured for the various missions being performed. The Secretary of Homeland Security also shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements.

   Inserted: (b) Use and Training.--The Secretary of Homeland Security shall establish an overall policy on how the helicopters and power boats described in subsection (a) will be used and implement training programs for the agents who use them, including safe operating procedures and rescue operations.

   Inserted: SEC. _04. CONTROL OF UNITED STATES UNITED STATES BORDER PATROL ASSETS.

   Inserted: The United States Border Patrol shall have complete and exclusive administrative and operational control over all the assets utilized in carrying out its mission, including, aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets.

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   Inserted: SEC. _05. MOTOR VEHICLES.

   Inserted: The Secretary of Homeland Security shall establish a fleet of motor vehicles appropriate for use by the United States Border Patrol that will permit a ratio of at least one police-type vehicle per every 3 United States Border Patrol agents. Additionally, the Secretary of Homeland Security shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the United States Border Patrol. All vehicles will be chosen on the basis of appropriateness for use by the United States Border Patrol, and each vehicle shall have a "panic button" and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of an agent in distress. The police-type vehicles shall be replaced at least every 3 years.

   Inserted: SEC. _06. PORTABLE COMPUTERS.

   Inserted: The Secretary of Homeland Security shall ensure that each police-type motor vehicle in the fleet of the United States Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the United States Border Patrol.

   Inserted: SEC. _07. RADIO COMMUNICATIONS.

   Inserted: The Secretary of Homeland Security shall augment the existing radio communications system so all law enforcement personnel working in every area where United States Border Patrol operations are conducted have clear and encrypted two-way radio communication capabilities at all times. Each portable communications device shall be equipped with a "panic button" and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of the agent in distress.

   Inserted: SEC. _08. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.

   Inserted: The Secretary of Homeland Security shall ensure that each United States Border Patrol agent is issued a state-of-the-art hand-held global positioning system device for navigational purposes.

   Inserted: SEC. _09. NIGHT VISION EQUIPMENT.

   Inserted: The Secretary of Homeland Security shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each United States Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device.

   Inserted: SEC. _10. BORDER ARMOR.

   Inserted: The Secretary of Homeland Security shall ensure that every United States Border Patrol agent is issued high-quality body armor that is appropriate for the climate and risks faced by the individual officer. Each officer shall be allowed to select from among a variety of approved brands and styles. Officers shall be strongly encouraged, but not mandated, to wear such body armor whenever practicable. All body armor shall be replaced at least every 5 years.

   Inserted: SEC. _11. WEAPONS.

   Inserted: The Secretary of Homeland Security shall ensure that United States Border Patrol agents are equipped with weapons that are reliable and effective to protect themselves, their fellow officers, and innocent third parties from the threats posed by armed criminals. In addition, the Secretary shall ensure that the Department's policies allow all such officers to carry weapons that are suited to the potential threats that they face.

   Inserted: SEC. _12. UNIFORMS.

   Inserted: The Secretary of Homeland Security shall ensure that all United States Border Patrol agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as they become worn, unserviceable, or no longer fit properly.

   Inserted: Subtitle B--Recruitment and Retention of Additional Immigration Law Enforcement Personnel SEC. _21. MAXIMUM STUDENT LOAN REPAYMENTS FOR UNITED STATES BORDER PATROL AGENTS.

   Inserted: Section 5379(b) of title 5, United States Code, is amended by adding at the end the following:

   Inserted: "(4) In the case of an employee (otherwise eligible for benefits under this section) who is serving as a full-time active-duty United States Border Patrol agent within the Department of Homeland Security--

   Inserted: "(A) paragraph (2)(A) shall be applied by substituting '$20,000' for '$10,000'; and

   Inserted: "(B) paragraph (2)(B) shall be applied by substituting '$80,000' for '$60,000'.".

   Inserted: SEC. _22. RECRUITMENT AND RELOCATION BONUSES AND RETENTION ALLOWANCES FOR PERSONNEL OF THE DEPARTMENT OF HOMELAND SECURITY.

   Inserted: The Secretary of Homeland Security shall ensure that the authority to pay recruitment and relocation bonuses under section 5753 of title 5, United States Code, the authority to pay retention bonuses under section 5754 of such title, and any other similar authorities available under any other provision of law, rule, or regulation, are exercised to the fullest extent allowable in order to encourage service in the Department of Homeland Security.

   Inserted: SEC. _23. LAW ENFORCEMENT RETIREMENT COVERAGE FOR INSPECTION OFFICERS AND OTHER EMPLOYEES.

   Inserted: (a) Amendments.--

   Inserted: (1) Law enforcement officers.--Section 8401(17) of title 5, United States Code, is amended--

   Inserted: (A) in subparagraph (C)--

   Inserted: (i) by striking "and" at the end; and

   Inserted: (ii) by striking "subparagraph (A) and (B)" and inserting "subparagraph (A), (B), (E), or (F)"; and

   Inserted: (B) by inserting after subparagraph (D) the following:

   Inserted: "(E) an employee (not otherwise covered by this paragraph)--

   Inserted: "(i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and

   Inserted: "(ii) who is authorized to carry a firearm; and

   Inserted: "(F) an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns;".

   Inserted: (2) Civil service retirement system.--Section 8331(20) of title 5, United States Code, is amended in the matter preceding subparagraph (A) by inserting after "position." the following: "For the purpose of this paragraph, an employee described in the preceding sentence shall be considered to include an employee, not otherwise covered by this paragraph, who satisfies clauses (i) and (ii) of section 8401(17)(E) and an employee of the Internal Revenue Service the duties of whose position are as described in section 8401(17)(F).".

   Inserted: (3) Effective date.--Except as provided in subsection (b), the amendments made by this subsection shall--

   Inserted: (A) take effect on the date of enactment of this Act; and

   Inserted: (B) apply only in the case of any individual first appointed (or seeking to be first appointed) as a law enforcement officer (as defined in the amendments) on or after that date.

   Inserted: (b) Treatment of Service Performed by Incumbents.--

   Inserted: (1) Definitions.--In this subsection:

   Inserted: (A) Incumbent.--The term "incumbent" means an individual who--

   Inserted: (i) is first appointed as a law enforcement officer before the date of enactment of this Act; and

   Inserted: (ii) is serving as a law enforcement officer on that date.

   Inserted: (B) Law enforcement officer.--The term "law enforcement officer" means an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code, as a result of the amendments made by subsection (a).

   Inserted: (C) Prior service.--The term "prior service", with respect to an incumbent who retires from Government service, means any service performed before the date on which a written notice is to be submitted under paragraph (2)(B).

   Inserted: (D) Service.--The term "service" means service performed as a law enforcement officer.

   Inserted: (2) Treatment of service performed by incumbents.--

   Inserted: (A) In general.--For purposes other than purposes described in subparagraph (B), service that is performed by an incumbent on or after the date of enactment of this Act shall be treated as service performed as a law enforcement officer, irrespective of the manner in which the service is treated under subparagraph (B).

   Inserted: (B) Retirement.--For purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, service that is performed by an incumbent before, on, or after the date of enactment of this Act shall be treated as service performed as a law enforcement officer if an appropriate written notice of the election of the incumbent to retire from Government service is submitted to the Office of Personnel Management by the earlier of--

   Inserted: (i) the date that is 5 years after the date of enactment of this Act; or

   Inserted: (ii) the date of retirement of the incumbent.

   Inserted: (3) Individual contributions for prior service.--

   Inserted: (A) Amount of contributions.--An incumbent who makes an election described in paragraph (2)(B) may, with respect to prior service performed by the incumbent, contribute to the Civil Service Retirement and Disability Fund an amount equal to the difference between--

   Inserted: (i) the individual contributions that were actually made for that service; and

   Inserted: (ii) the individual contributions that would have been made for that service under the amendments made by subsection (a).

   Inserted: (B) Effect of not contributing.--If no part of or less than the full amount required under subparagraph (A) is paid--

   Inserted: (i) all prior service of the incumbent shall remain fully creditable as law enforcement officer service; but

   Inserted: (ii) the resulting annuity shall be reduced in a manner similar to the manner described in section 8334(d)(2) of title 5, United States Code, to the extent necessary to make up the amount unpaid.

   Inserted: (4) Government contributions for prior service.--

   Inserted: (A) In general.--If an incumbent makes an election under paragraph (2)(B), the agency in or under which the incumbent was serving at the time of any prior service shall remit to the Office of Personnel Management, for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, the amount required under subparagraph (B) with respect to that service.

   Inserted: (B) Amount required.--The amount an agency is required to remit is, with respect to any prior service, the total amount of additional Government contributions to the Civil Service Retirement and Disability Fund (above those actually paid) that would have been required if the amendments made by subsection (a) had been in effect.

   Inserted: (C) Contributions to be made ratably.--Government contributions under this paragraph on behalf of an incumbent shall be made by the agency ratably (on at least an annual basis) over the 10-year period beginning on the date on which a written notice is to be submitted under paragraph (2)(B).

   Inserted: (5) Exemption from mandatory separation.--Nothing in section 8335(b) or 8425(b) of title 5, United States Code, shall cause the involuntary separation of a law enforcement officer before the end of the 3-year period beginning on the date of enactment of this Act.

   Inserted: (6) Regulations.--The Office shall promulgate regulations to carry out this section, including--

   Inserted: (A) provisions in accordance with which interest on any amount under paragraph (3) or (4) shall be computed, based on section 8334(e) of title 5, United States Code; and

   Inserted: (B) provisions for the application of this subsection in the case of--

   Inserted: (i) any individual who--

   Inserted: (I) is first appointed as a law enforcement officer before the date of enactment of this Act; and

   Inserted: (II) serves as a law enforcement officer after the date of enactment of this Act; and

   Inserted: (ii) any individual entitled to a survivor annuity (based on the service of an incumbent, or of an individual described in clause (i), who dies before making an election under paragraph (2)(B)), to the extent of any rights that would then be available to the decedent (if still living).

   Inserted: (7) Rule of construction.--Nothing in this subsection applies in the case of a reemployed annuitant.

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