(v) in section 462(b)(2)(A) (6 U.S.C. 
279(b)(2)(A)), by striking ‘‘Assistant Sec-
retary’’ and inserting ‘‘Commissioner’’. 
(5) REFERENCE.—Any reference to the Bureau 
of Border Security in any other Federal law, Execu-
tive order, rule, regulation, or delegation of author-
ity, or any document of or pertaining to the Bureau 
is deemed to refer to the Bureau of Border Security 
and Customs. 
(6) CLERICAL
AMENDMENTS.—The table of 
contents of the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended— 
(A) by inserting after the item relating to 
section 404 (as added by section 102(b)(2) of 
this Act) the following new items: 
‘‘Sec. 405. Chief of Policy and Strategy. 
‘‘Sec. 406. Legal advisor.’’; 
(B) by striking the item related to section 
442; and 
(C) by redesignating the items relating to 
sections 443 through 446 as items relating to 
sections 442 through 445, respectively. 
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TITLE V—KEEPING OUR COM-
MITMENT TO ENSURE SUFFI-
CIENT, WELL TRAINED AND 
WELL EQUIPPED PERSONNEL 
AT THE UNITED STATES BOR-
DER 
Subtitle A—Equipment Enhance-
ments to Address Shortfalls to 
Securing United States Borders 
SEC. 501. EMERGENCY DEPLOYMENT OF UNITED STATES 
BORDER PATROL AGENTS. 
(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 ad-
ditional United States Border Patrol agents from the Sec-
retary 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. 
(b) CONSULTATION.—The Secretary of Homeland 
Security shall consult with the President upon receipt of 
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a request under subsection (a), and shall grant it to the 
extent that providing the requested assistance will not sig-
nificantly impair the Department of Homeland Security’s 
ability to provide border security for any other State. 
(c) COLLECTIVE BARGAINING.—Emergency deploy-
ments under this section shall be made in conformance 
with all collective bargaining agreements and obligations. 
SEC. 502. HELICOPTERS AND POWER BOATS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall increase by not less than 100 the number of 
United States Border Patrol helicopters, and shall in-
crease 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. 
(b) USE AND TRAINING.—The Secretary of Home-
land 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. 
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SEC. 503. MOTOR VEHICLES. 
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. 
SEC. 504. PORTABLE COMPUTERS. 
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. 
SEC. 505. RADIO COMMUNICATIONS. 
The Secretary of Homeland Security shall augment 
the existing radio communications system so all Federal 
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law enforcement personnel working in every area in which 
United States Border Patrol operations are conducted 
have clear and encrypted two-way radio communication 
capabilities at all times. 
SEC. 506. HAND-HELD GLOBAL POSITIONING SYSTEM DE-
VICES. 
The Secretary of Homeland Security shall ensure 
that each United States Border Patrol agent is issued, 
when on patrol, a state-of-the-art hand-held global posi-
tioning system device for navigational purposes. 
SEC. 507. NIGHT VISION EQUIPMENT. 
The Secretary of Homeland Security shall ensure 
that sufficient quantities of state-of-the-art night vision 
equipment are procured and regularly maintained to en-
able each United States Border Patrol agent patrolling 
during the hours of darkness to be equipped with a port-
able night vision device. 
SEC. 508. BODY ARMOR. 
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. All body armor shall be replaced at 
least once every five years. 
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SEC. 509. WEAPONS. 
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 policies of the Depart-
ment of Homeland Security allow all such officers to carry 
weapons selected from a Department approved list that 
are suited to the potential threats that such officers face. 
Subtitle 
B—Human 
Capital 
En-
hancements to Improve the Re-
cruitment and Retention of Bor-
der Security Personnel 
SEC. 511. 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 eligi-
ble for benefits under this section) who is serving as 
a full-time active-duty United States Border Patrol 
agent within the Department of Homeland Secu-
rity— 
‘‘(A) paragraph (2)(A) shall be applied by 
substituting ‘$20,000’ for ‘$10,000’; and 
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‘‘(B) paragraph (2)(B) shall be applied by 
substituting ‘$80,000’ for ‘$60,000’.’’. 
SEC. 512. RECRUITMENT AND RELOCATION BONUSES AND 
RETENTION ALLOWANCES FOR PERSONNEL 
OF THE DEPARTMENT OF HOMELAND SECU-
RITY. 
The Secretary of Homeland Security shall ensure 
that the authority to pay recruitment and relocation bo-
nuses 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 encour-
age service in the Department of Homeland Security. 
SEC. 513. LAW ENFORCEMENT RETIREMENT COVERAGE 
FOR INSPECTION OFFICERS AND OTHER EM-
PLOYEES. 
(a) AMENDMENTS.— 
(1) FEDERAL EMPLOYEES’ RETIREMENT SYS-
TEM.— 
(A) Paragraph (17) of section 8401 of title 
5, United States Code, is amended by striking 
‘‘and’’ at the end of subparagraph (C), and by 
adding at the end the following: 
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‘‘(E) an employee (not otherwise covered 
by this paragraph)— 
‘‘(i) the duties of whose position in-
clude the investigation or apprehension of 
individuals suspected or convicted of of-
fenses against the criminal laws of the 
United States; and 
‘‘(ii) who is authorized to carry a fire-
arm; and 
‘‘(F) an employee of the Internal Revenue 
Service, the duties of whose position are pri-
marily the collection of delinquent taxes and the 
securing of delinquent returns;’’. 
(B) CONFORMING
AMENDMENT.—Section 
8401(17)(C) of title 5, United States Code, is 
amended by striking ‘‘(A) and (B)’’ and insert-
ing ‘‘(A), (B), (E), and (F)’’. 
(2) CIVIL
SERVICE
RETIREMENT
SYSTEM.— 
Paragraph (20) of section 8331 of title 5, United 
States Code, is amended by inserting after ‘‘posi-
tion.’’ (in the matter before subparagraph (A)) the 
following: ‘‘For the purpose of this paragraph, the 
employees described in the preceding provision of 
this paragraph (in the matter before ‘including’) 
shall be considered to include an employee, not oth-
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erwise 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 sub-
section shall take effect on the date of the enactment 
of this Act, and shall apply only in the case of any 
individual first appointed (or seeking to be first ap-
pointed) as a law enforcement officer (within the 
meaning of those amendments) on or after such 
date. 
(b) TREATMENT OF SERVICE PERFORMED BY IN-
CUMBENTS.— 
(1) LAW ENFORCEMENT OFFICER AND SERVICE 
DESCRIBED.— 
(A) LAW
ENFORCEMENT
OFFICER.—Any 
reference to a law enforcement officer described 
in this paragraph refers to an individual who 
satisfies the requirements of section 8331(20) 
or 8401(17) of title 5, United States Code (re-
lating to the definition of a law enforcement of-
ficer) by virtue of the amendments made by 
subsection (a). 
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(B) SERVICE.—Any reference to service 
described in this paragraph refers to service 
performed as a law enforcement officer (as de-
scribed in this paragraph). 
(2) INCUMBENT
DEFINED.—For purposes of 
this subsection, the term ‘‘incumbent’’ means an in-
dividual who— 
(A) is first appointed as a law enforcement 
officer (as described in paragraph (1)) before 
the date of the enactment of this Act; and 
(B) is serving as such a law enforcement 
officer on such date. 
(3) TREATMENT OF SERVICE PERFORMED BY 
INCUMBENTS.— 
(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). 
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(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 section 8331(20) or 
8401(17), as appropriate), but only if an appro-
priate 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 
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