temporary basis and then converted to other use when 
they are no longer needed as detention facilities. 
SEC. 622. EXPANSION AND EFFECTIVE MANAGEMENT OF 
DETENTION FACILITIES. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary of Homeland Security shall 
fully utilize— 
(1) all available detention facilities operated or 
contracted by the Department of Homeland Secu-
rity; 
(2) all possible options to cost effectively in-
crease available detention capacities, including the 
use of State and local correctional facilities, private 
space, and secure alternatives to detention; and 
(3) the Department’s Office of Civil Rights and 
Civil Liberties shall monitor all facilities that are 
being used to hold detainees for more than 72 hours. 
The monitoring will include an evaluation of whether there 
is compliance with the requirements of the Department’s 
Detention Operations Manual. 
(b) SECURE ALTERNATIVES TO DETENTION PRO-
GRAM.— 
(1) NATURE OF THE PROGRAM.—For purposes 
of this section, the secure alternatives to detention 
referred to in subsection (a) is a program under 
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which eligible aliens are released to the custody of 
suitable individual or organizational sponsors who 
will supervise them, use appropriate safeguards to 
prevent them from absconding, and ensure that they 
make required appearances. 
(2) PROGRAM
DEVELOPMENT.—The program 
shall be developed in accordance with the following 
guidelines: 
(A) The Secretary shall design the pro-
gram in consultation with nongovernmental or-
ganizations and academic experts in both the 
immigration and the criminal justice fields. 
Consideration should be given to methods that 
have proven successful in appearance assistance 
programs, such as the appearance assistance 
program developed by the Vera Institute and 
the Department of Homeland Security’s Inten-
sive Supervision Appearance Program. 
(B) The program shall utilize a continuum 
of alternatives based on the alien’s need for su-
pervision, including placement of the alien with 
an individual or organizational sponsor, a su-
pervised group home, or in a supervised, non- 
penal community setting that has guards sta-
tioned along its perimeter. 
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(C) The Secretary shall enter into con-
tracts with nongovernmental organizations and 
individuals to implement the secure alternatives 
to detention program. 
(c) ELIGIBILITY AND OPERATIONS.— 
(1) SELECTION OF PARTICIPANTS.—The Sec-
retary shall select aliens to participate in the pro-
gram from designated groups specified in paragraph 
(4) if the Secretary determines that such aliens are 
not flight risks or dangers to the community. 
(2) VOLUNTARY
PARTICIPATION.—An alien’s 
participation in the program is voluntary and shall 
not confer any rights or benefits to the alien under 
the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.). 
(3) LIMITATION ON PARTICIPATION.— 
(A) IN GENERAL.—Only aliens who are in 
expedited removal proceedings under section 
236 of the Immigration and Nationality Act (8 
U.S.C. 1226) may participate in the program. 
(B) RULES OF CONSTRUCTION.— 
(i) ALIENS APPLYING FOR ASYLUM.— 
Aliens who have established a credible fear 
of persecution and have been referred to 
the Executive Office for Immigration Re-
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view for an asylum hearing shall not be 
considered to be in expedited removal pro-
ceedings and the custody status of such 
aliens after service of a Notice to Appear 
shall be determined in accordance with the 
procedures governing aliens in removal 
proceedings under section 240 of such Act 
(8 U.S.C. 1229a). 
(ii) UNACCOMPANIED
ALIEN
CHIL-
DREN.—Unaccompanied alien children (as 
defined in section 462(g)(2) of the Home-
land Security Act (6 U.S.C. 279(g)(2))) 
shall be considered to be in the care and 
exclusive custody of the Department of 
Health and Human Services and shall not 
be subject to expedited removal and shall 
not be permitted to participate in the pro-
gram. 
(4) DESIGNATED
GROUPS.—The designated 
groups referred to in paragraph (1) are the fol-
lowing: 
(A) Alien parents who are being detained 
with one or more of their children, and their de-
tained children. 
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(B) Aliens who have serious medical or 
mental health needs. 
(C) Aliens who are mentally retarded or 
autistic. 
(D) Pregnant alien women. 
(E) Elderly aliens who are over the age of 
65. 
(F) Aliens placed in expedited removal pro-
ceedings after being rescued from trafficking or 
criminal operations by Government authorities. 
(G) Other groups designated in regulations 
promulgated by the Secretary. 
(5) IMPLEMENTING REGULATIONS.—Not later 
than 180 days after the date of the enactment of 
this Act, the Secretary shall promulgate regulations 
to implement the secure alternatives to detention 
program and to standardize the care and treatment 
of aliens in immigration custody based on the Deten-
tion Operations Manual of the Department of 
Homeland Security. 
(6) DECISIONS REGARDING PROGRAM NOT RE-
VIEWABLE.—The decisions of the Secretary regard-
ing when to utilize the program and to what extent 
and the selection of aliens to participate in the pro-
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gram shall not be subject to administrative or judi-
cial review. 
(d) REPORTING REQUIREMENTS.—Not later than 
180 days after the date of the enactment of this Act and 
annually thereafter, the Secretary shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives, the Committee on the Judiciary of the House 
of Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Com-
mittee on the Judiciary of the Senate a report that details 
all policies, regulations, and actions taken to comply with 
the provisions in this section, including maximizing deten-
tion capacity and increasing the cost-effectiveness of de-
tention by implementing the secure alternatives to deten-
tion program, and a description of efforts taken to ensure 
that all aliens in expedited removal proceedings are resid-
ing under conditions that are safe, secure, and healthy. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Homeland Security such sums as may be necessary to 
carry out this section. Amounts appropriated pursuant to 
this section shall remain available until expended. 
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Subtitle C—Recruitment and Re-
tention of Additional Immigra-
tion 
Law 
Enforcement 
Per-
sonnel 
SEC. 631. 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 2017; 
(2) 2,750 in fiscal year 2018; 
(3) 3,000 in fiscal year 2019; 
(4) 3,250 in fiscal year 2020; and 
(5) 3,500 in fiscal year 2021. 
SEC. 632. 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; 
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(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. 
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SEC. 633. 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 spacious 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 constructed so 
that each trainee is housed in separate quarters. More-
over, the Secretary shall ensure that the training sites se-
lected contains adequate housing for all permanent and 
temporary instructors within the local commuting area. 
SEC. 634. 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. 635. 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— 
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‘‘(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. 636. 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. 637. 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-
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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-
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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. 638. 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. 639. INCREASE IN INSPECTORS AT AIRPORT AND 
LAND BORDER INSPECTION STATIONS. 
In each of the fiscal years 2017 through 2021, 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. 
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SEC. 640. 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 
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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.— 
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(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.— 
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(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. 
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(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 
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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 2017 through 2021, 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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105 
‘‘(D) GENDER-BASED PERSECUTION.—For 
purposes of determinations under this para-
graph, an alien who establishes that the alien’s 
life or freedom would be threatened in a coun-
try on account of gender shall be considered to 
have established that the alien’s life or freedom 
would be threatened in that country on account 
of membership in a particular social group.’’. 
TITLE XIII—TEMPORARY 
PROTECTED STATUS 
SEC. 1301. ADJUSTMENT OF STATUS FOR CERTAIN RECIPI-
ENTS OF TEMPORARY PROTECTED STATUS. 
(a) IN GENERAL.—Section 245 (8 U.S.C. 1255) is 
amended by adding at the end the following: 
‘‘(n)(1) If, in the opinion of the Secretary of the 
Homeland Security Department, a person granted tem-
porary protected status under section 244— 
‘‘(A) has been physically present in the United 
States in that status for a continuous period of at 
least 5 years; 
‘‘(B) has at all times been a person of good 
moral character; 
‘‘(C) has never been convicted of a criminal of-
fense in the United States; 
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