(A) IN
GENERAL.—Service described in 
paragraph (1) which is performed by an incum-
bent on or after the date of the enactment of 
this Act shall, for all purposes (other than those 
to which subparagraph (B) pertains), be treated 
as service performed as a law enforcement offi-
cer (within the meaning of section 8331(20) or 
8401(17) of title 5, United States Code, as ap-
propriate), irrespective of how such service is 
treated under subparagraph (B). 
(B) RETIREMENT.—Service described in 
paragraph (1) which is performed by an incum-
bent before, on, or after the date of the enact-
ment of this Act shall, for purposes of sub-
chapter III of chapter 83 and chapter 84 of 
title 5, United States Code, be treated as serv-
ice performed as a law enforcement officer 
(within the meaning of such section 8331(20) 
or 8401(17), as appropriate), but only if an ap-
propriate written election is submitted to the 
Office of Personnel Management within 5 years 
after the date of the enactment of this Act or 
before separation from Government service, 
whichever is earlier.
(4) INDIVIDUAL
CONTRIBUTIONS
FOR
PRIOR 
SERVICE.— 
(A) IN
GENERAL.—An individual who 
makes an election under paragraph (3)(B) may, 
with respect to prior service performed by such 
individual, contribute to the Civil Service Re-
tirement and Disability Fund the difference be-
tween the individual contributions that were ac-
tually made for such service and the individual 
contributions that should have been made for 
such service if the amendments made by sub-
section (a) had then been in effect. 
(B) EFFECT OF NOT CONTRIBUTING.—If 
no part of or less than the full amount required 
under subparagraph (A) is paid, all prior serv-
ice of the incumbent shall remain fully cred-
itable as law enforcement officer service, but 
the resulting annuity shall be reduced in a man-
ner similar to that described in section 
8334(d)(2) of title 5, United States Code, to 
the extent necessary to make up the amount 
unpaid. 
(C) PRIOR SERVICE DEFINED.—For pur-
poses of this subsection, the term ‘‘prior serv-
ice’’ means, with respect to any individual who
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.
(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
(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. 311. 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.