makes an election under paragraph (3)(B), 
service (described in paragraph (1)) performed 
by such individual before the date as of which 
appropriate retirement deductions begin to be 
made in accordance with such election. 
(5) GOVERNMENT CONTRIBUTIONS FOR PRIOR 
SERVICE.— 
(A) IN GENERAL.—If an incumbent makes 
an election under paragraph (3)(B), the agency 
in or under which that individual was serving at 
the time of any prior service (referred to in 
paragraph (4)) shall remit to the Office of Per-
sonnel 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 such 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 
then been in effect. 
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(C) CONTRIBUTIONS
TO
BE
MADE
RAT-
ABLY.—Government contributions under this 
paragraph on behalf of an incumbent shall be 
made by the agency ratably (on at least an an-
nual basis) over the 10-year period beginning 
on the date referred to in paragraph (4)(C). 
(6) EXEMPTION
FROM
MANDATORY
SEPARA-
TION.—Nothing in section 8335(b) or 8425(b) of 
title 5, United States Code, shall cause the involun-
tary separation of a law enforcement officer (as de-
scribed in paragraph (1)) before the end of the 3- 
year period beginning on the date of the enactment 
of this Act. 
(7) REGULATIONS.—The Office shall prescribe 
regulations to carry out this section, including— 
(A) provisions in accordance with which in-
terest on any amount under paragraph (4) or 
(5) 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) satisfies subparagraph (A) 
(but not subparagraph (B)) of para-
graph (2); and 
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(II) serves as a law enforcement 
officer (as described in paragraph (1)) 
after the date of the enactment of this 
Act; and 
(ii) any individual entitled to a sur-
vivor annuity (based on the service of an 
incumbent, or of an individual under 
clause (i), who dies before making an elec-
tion under paragraph (3)(B)), to the ex-
tent of any rights that would then be avail-
able to the decedent (if still living). 
(8) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be considered to apply in the case 
of a reemployed annuitant. 
SEC. 641. REESTABLISHMENT OF THE UNITED STATES BOR-
DER PATROL ANTI-SMUGGLING UNIT. 
The Secretary of Homeland Security shall reestablish 
the Anti-Smuggling Unit within the Office of United 
States Border Patrol, and shall immediately staff such of-
fice with a minimum of 500 criminal investigators selected 
from within the ranks of the United States Border Patrol. 
Staffing levels shall be adjusted upward periodically in ac-
cordance with workload requirements. 
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SEC. 642. ESTABLISHMENT OF SPECIALIZED CRIMINAL IN-
VESTIGATOR OCCUPATIONS. 
The Secretary of Homeland Security shall establish 
specialized Criminal Investigator occupations within the 
Department: one for the investigation of violations of im-
migration laws, another for customs laws, and a third for 
agriculture laws. These divisions shall coordinate closely 
with each other under the direction of a high-level official 
within the Department, but shall report to separate oper-
ational chains of command. 
SEC. 643. ESTABLISHMENT OF CAREER PATHS TO CRIMI-
NAL INVESTIGATOR POSITIONS. 
The Secretary of Homeland Security shall ensure 
that all persons selected for criminal investigator positions 
within the Department of Homeland Security possess a 
minimum of 3 years of field experience within the Depart-
ment or its predecessor agencies in the specialized area 
of law that will be investigated. 
SEC. 
644. 
ADDITIONAL 
IMMIGRATION 
ENFORCEMENT 
AGENTS. 
In each of fiscal years 2010 through 2014, the Sec-
retary of Homeland Security shall increase by not less 
than 500 the number of positions for full-time active duty 
immigration enforcement agents responsible for trans-
porting and guarding detained aliens above the number 
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of such positions for which funds were allotted for the pre-
ceding fiscal year. 
SEC. 645. INCREASE UNITED STATES BORDER PATROL 
AGENT AND INSPECTOR PAY. 
(a) IN GENERAL.—Effective as of the first day of the 
first applicable pay period beginning on or after the date 
of the enactment of this Act, the rate of basic pay for 
all employees of the Department of Homeland Security de-
scribed in subsection (b) shall be increased in accordance 
with subsection (c). 
(b) EMPLOYEES DESCRIBED.—This section applies 
to any individual who, as of the date of the enactment 
of this Act— 
(1) is a journey level United States Border Pa-
trol agent or immigration, customs, or agriculture 
inspector within the Department of Homeland Secu-
rity, whose primary duties consist of enforcing the 
immigration, customs, or agriculture laws of the 
United States; 
(2) has completed at least one year of service 
as a United States Border Patrol agent or inspector 
(whether as an employee of the Department of 
Homeland Security, the Department of Justice, or 
both agencies combined); and 
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