state-of-the-art hand-held global positioning system device 
for navigational purposes. 
SEC. 109. NIGHT VISION EQUIPMENT. 
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. 
SEC. 110. BORDER 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. 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. 
SEC. 111. 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 Department’s policies 
allow all such officers to carry weapons that are suited 
to the potential threats that they face. 
SEC. 112. UNIFORMS. 
The Secretary of Homeland Security shall ensure 
that all United States Border Patrol agents are provided 
with all necessary uniform items, including outerwear suit-
ed 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. 
TITLE II—DETENTION PENDING 
REMOVAL 
SEC. 201. DETENTION FACILITIES FOR ALIENS ARRESTED 
FOR ILLEGAL ENTRY. 
The Secretary of Homeland Security shall make ar-
rangements for the availability of 100,000 additional beds 
for detaining aliens taken into custody by immigration of-
ficials. Some of these beds shall be rented from Federal, 
State, and local detention facilities. The remainder of the 
100,000 shall be constructed to meet this demand on a 
temporary basis and then converted to other use when 
they are no longer needed as detention facilities.
TITLE III—RECRUITMENT AND 
RETENTION OF ADDITIONAL 
IMMIGRATION LAW ENFORCE-
MENT PERSONNEL 
SEC. 301. ADDITIONAL UNITED STATES BORDER PATROL 
AGENTS. 
The Secretary of Homeland Security shall increase 
the number of United States Border Patrol agents by— 
(1) 2,500 in fiscal year 2006; 
(2) 2,750 in fiscal year 2007; 
(3) 3,000 in fiscal year 2008; 
(4) 3,250 in fiscal year 2009; and 
(5) 3,500 in fiscal year 2010. 
SEC. 302. PROVISIONS RELATING TO THE EXERCISE OF 
CERTAIN APPOINTMENT AND OTHER SIMI-
LAR AUTHORITIES WITH RESPECT TO THE 
UNITED STATES BORDER PATROL. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law— 
(1) all authority described in subsection (b) 
that (but for this section) would otherwise be vested 
in the Secretary of Homeland Security shall instead 
be vested in the head of the United States Border 
Patrol;
(2) an individual may not be appointed or con-
tinue to serve as the head of the United States Bor-
der Patrol if, at the time of appointment, such indi-
vidual has not completed at least 20 years of service, 
within the competitive service (as defined by section 
2102 of title 5, United States Code), as a United 
States Border Patrol agent; and 
(3) all activities described in subsection (b) 
shall be considered inherently Governmental func-
tions and may not be carried out by any persons 
other than employees of the United States Border 
Patrol. 
(b) AUTHORITIES DESCRIBED.—This section applies 
with respect to any authority relating to the recruitment, 
selection, and appointment of applicants (including the 
conducting of any investigation necessary to approve or 
grant security clearances) for United States Border Patrol 
agents, law enforcement officers (other than United States 
Border Patrol agents), and such other positions within the 
United States Border Patrol as the head of the United 
States Border Patrol may by regulation determine. 
(c) REGULATIONS.—The head of the United States 
Border Patrol shall by regulation identify the specific au-
thorities, including citations to the relevant provisions of 
law, rule, or regulation, to which this section applies.
SEC. 303. TRAINING FACILITIES. 
The Secretary of Homeland Security shall ensure 
that the training facilities used to train newly-hired 
United States Border Patrol agents are sufficiently spa-
cious and modern to ensure that all recruits are afforded 
the highest possible quality training, as well as reasonably 
comfortable living conditions. All dormitories shall be con-
structed so that each trainee is housed in separate quar-
ters. Moreover, the Secretary shall ensure that the train-
ing sites selected contains adequate housing for all perma-
nent and temporary instructors within the local com-
muting area. 
SEC. 304. OPERATIONAL FACILITIES. 
The Secretary of Homeland Security shall ensure 
that all operational facilities of the United States Border 
Patrol are well-equipped and sufficiently spacious and 
modern to enable all of the personnel assigned to such fa-
cilities to efficiently accomplish the agency’s mission. 
SEC. 305. 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 sub-
stituting ‘$20,000’ for ‘$10,000’; and 
‘‘(B) paragraph (2)(B) shall be applied by sub-
stituting ‘$80,000’ for ‘$60,000’.’’. 
SEC. 306. 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. 307. REPEAL OF THE DEPARTMENT OF HOMELAND SE-
CURITY HUMAN RESOURCES MANAGEMENT 
SYSTEM. 
(a) REPEAL.— 
(1) IN
GENERAL.—Effective as of the date 
specified in section 4 of the Homeland Security Act 
of 2002 (6 U.S.C. 101 note), chapter 97 of title 5, 
United States Code (as added by section 841(a)(2) 
of such Act), section 841(b)(3) of such Act, and sub-
sections (c) and (e) of section 842 of such Act are 
repealed. 
(2) REGULATIONS.—Any regulations prescribed 
under authority of chapter 97 of title 5, United 
States Code, are void ab initio. 
(b) NULLIFICATION OF PREVIOUS EXCLUSIONS.— 
Effective as of the date of the enactment of this Act, all 
previous determinations as to whether— 
(1) an agency or subdivision of the Department 
of Homeland Security (or a predecessor agency or 
subdivision transferred into the Department) is ex-
cluded from coverage under chapter 71 of title 5, 
United States Code, 
(2) a unit or subdivision of a unit within the 
Department of Homeland Security (or a predecessor 
agency or subdivision transferred into the Depart-
ment) is not appropriate for representation by a 
labor organization under such chapter, or 
(3) an employee or position within the Depart-
ment of Homeland Security (or a predecessor agency 
or subdivision transferred into the Department) is 
within a unit that is not appropriate for representa-
tion by a labor organization under such chapter, 
are null and void, except to the extent that such deter-
minations were made in accordance with the criteria out-
lined in paragraph (1), (2), (3), (4), or (7) of section 
7112(b) of such title 5. 
(c) CLERICAL AMENDMENT.—The table of chapters 
for part III of title 5, United States Code, is amended 
by striking the item relating to chapter 97. 
SEC. 308. ESTABLISHMENT OF SPECIALIZED INSPECTOR 
OCCUPATIONS. 
The Secretary of Homeland Security shall establish 
within the Bureau of Customs and Border Protection 3 
distinct inspectional occupations: immigration, customs, 
and agriculture. These divisions shall coordinate closely 
with each other under the direction of a high-level official 
within the Bureau, but shall report to separate operational 
chains of command. 
SEC. 309. INCREASE IN INSPECTORS AT AIRPORT AND 
LAND BORDER INSPECTION STATIONS. 
In each of the fiscal years 2007 through 2011, the 
Secretary of Homeland Security shall increase by not less 
than 1,000 the number of positions for full-time active 
duty immigration inspectors at airport and land border in-
spection stations within the Department of Homeland Se-
curity above the number of such positions for which funds 
were allotted for the preceding fiscal year.
SEC. 310. 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: 
‘‘(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-
erwise covered by this paragraph, who satisfies 
clauses (i)–(ii) of section 8401(17)(E) and an em-
ployee 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). 
(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.—