S.Amdt. 3336

SA 3336. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE __--RECRUITMENT AND RETENTION OF ADDITIONAL IMMIGRATION LAW
ENFORCEMENT PERSONNEL

SEC. _01. MAXIMUM STUDENT LOAN REPAYMENTS FOR UNITED STATES
BORDER PATROL AGENTS.

Section 5379(b) of title 5, United States Code, is amended
by adding at the end the following:
``(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--
``(A) paragraph (2)(A) shall be applied by substituting
`$20,000' for `$10,000'; and
``(B) paragraph (2)(B) shall be applied by substituting
`$80,000' for `$60,000'.''.

SEC. _02. RECRUITMENT AND RELOCATION BONUSES AND RETENTION
ALLOWANCES FOR PERSONNEL OF THE DEPARTMENT OF
HOMELAND SECURITY.

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.

SEC. _03. LAW ENFORCEMENT RETIREMENT COVERAGE FOR INSPECTION
OFFICERS AND OTHER EMPLOYEES.

(a) Amendments.--
(1) Law enforcement officers.--Section 8401(17) of title 5,
United States Code, is amended--
(A) in subparagraph (C)--
(i) by striking ``and'' at the end; and
(ii) by striking ``subparagraph (A) and (B)'' and inserting
``subparagraph (A), (B), (E), or (F)''; and
(B) by inserting after subparagraph (D) the following:
``(E) an employee (not otherwise covered by this
paragraph)--
``(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
``(ii) who is authorized to carry a firearm; and
``(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;''.
(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).''.
(3) Effective date.--Except as provided in subsection (b),
the amendments made by this subsection shall--
(A) take effect on the date of enactment of this Act; and
(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.
(b) Treatment of Service Performed by Incumbents.--
(1) Definitions.--In this subsection:
(A) Incumbent.--The term ``incumbent'' means an individual
who--
(i) is first appointed as a law enforcement officer before
the date of enactment of this Act; and
(ii) is serving as a law enforcement officer on that date.
(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).
(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).
(D) Service.--The term ``service'' means service performed
as a law enforcement officer.
(2) Treatment of service performed by incumbents.--
(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).
(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--
(i) the date that is 5 years after the date of enactment of
this Act; or
(ii) the date of retirement of the incumbent.
(3) Individual contributions for prior service.--
(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--
(i) the individual contributions that were actually made
for that service; and
(ii) the individual contributions that would have been made
for that service under the amendments made by subsection (a).
(B) Effect of not contributing.--If no part of or less than
the full amount required under subparagraph (A) is paid--

[[Page S2941]]

(i) all prior service of the incumbent shall remain fully
creditable as law enforcement officer service; but
(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.
(4) Government contributions for prior service.--
(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.
(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.
(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).
(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.
(6) Regulations.--The Office shall promulgate regulations
to carry out this section, including--
(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
(B) provisions for the application of this subsection in
the case of--
(i) any individual who--

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

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