tester-mccain border patrol pay reform act

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  • IIEl\14G!)iJ

    AMENDMENT NO. Calendar No. - --- ---

    Purpose: rr o improve the bill.

    IN THE SENATE OF THE UNITED STATES-113th Cong., 2d Sess.

    S.1691

    To amend title 51 United States Code, to improve the security of the United States border and to provide for reforms and rates of pay for border patrol agents.

    Referred to the Committee on ancl - --- - - --- -

    ordered to be printed

    Ordered to lie on the table and to be printed

    AlVfENDMENTS intended to be proposed by _ ___ __ _

    Viz:

    1 On page 25, line 16, strike "agency" and insert

    2 " a.gent.".

    3 On page 28, line 2, strike "agency" and insert

    4 "agent".

    5 At the end, add the foll':ving:

    6 SEC. 3. CYBERSECURITY RECRUITMENT AND RETENTION.

    7 (a) IN GENER.Ah- At the end of subtitle C of title 8 II of the Homeland Security Act of 2002 (6 U.S.C. 141 9 ct seq.), add the following:

  • IIE N141iH5 S.I,.C.

    2 1 "SEC. 226. CYBERSECURITY RECRUITMENT AND RETEN-

    2 TION.

    3 "(a) DEFil\'1TIO~S.-ln this section: 4 "( l ) APPROPRIATE COMMITTEES OF CON-5 GRESS.-The term 'appropriate committees of Con-

    6 wess' means the Committee on Homeland Security

    7 and Governmental Affairs and the Committee on

    8 Appropriations of the Senate and the Committee on

    9 Homeland Security anrl the Committee on Appro-

    10 priations of the House of Representatives.

    11 "(2) COLIJECTIVE BARGAINING AGREEMENT.-12 The. term 'collective bargaining agreement' has the

    13 meaning given that term in section 7103(a)(8) of 14 title 5, United States Code.

    15 "(3) EXCEPTED SERVICE.- The term 'excepted 16 service' has the meaning given that term in section

    17 2103 of title 5, United States Code.

    18 " ( 4) PREFERENCE EIJIUJBJ;E.-'I,hc term 'pref-19 crcncc eligible' has the meaning given that term in

    20 section 2108 of title 5, U nitcd States Code.

    21 "(5) QuAJ,JFIED POSITIO~.-The term 'quali-22 fied position' means a position, designated by the

    23 Secretary for the purpose of this section, in which

    24 the incumbent performs, manages, or supervises

    25 functions that execute the responsibilities of the De-

    26 partrnent relating to cybersecurity.

  • IIF:Nl4H!J!> S.hC.

    3

    "(6) SENIOR E}..'ECUTIVE 8El{VWE.- Thc term 2 'Senior Executive Service' has the meaning given

    3 that term in section 2101a of titlr 5, United States

    4 Code.

    5 "(b ) GENEHAJ, i\.t;TIIOHITY.-6 " (l) E STABLISH POSITIONS, .APPOINT PEH.-7 SONNEL, AND FIX RATES OF PAY.-

    8 "(A) GE"NER.AI, AUTIIORITY.- The Sec- 9

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    retary may-

    "(i) establish, as positions in the ex-cepted service, such qualifiecl poi.;it ions in

    the Department as the Secretary deter-

    mines necessary to carry out the respon-

    sibilities of the Dcpartmc11 t relating to cy-

    bcrsecurity, inclucting positions formerly

    identified as-

    " (I) senior level positions des-ignated under section 5376 of title 5,

    United States Code; and

    "(II) positions in the Senior Ex-ecutive Service;

    "(ii) appoint an individual to a quali-fied position (after taking into consider-ation the availability of preference eligibles

    for appointment to the position); and

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    S.L.C.

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    "(iii) subject to the requirements of paragraphs (2) and (3), fix the compensa-tion of an individual for service in a quali-

    fied position.

    "(B) CON8TRUC'I'TON VlITII OT TIER JJAWR.-'rhe authority of the Secretary under

    this subsection applies without regard to the

    provisions of any other law relating to the ap-

    pointment, number, classification, or compensa-

    tion of employees.

    "(2) BASIC P.AY.-"(A) AU'I'IIORITY TO FIX RATES OF BASIC

    PAY.- In accordance with this section, the Sec-

    retary shall fix the rates of basic pa~' for any qualified position established under paragTaph

    ( 1) in relation to the rates of pay provided for employees in comparable positions in the De-

    partment of Defense and snbjcct to the same limitations on ma.'

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    S.L.C.

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    visions to qualified positions for employees in or

    under which the Department ma~r ernplo~' indi-

    viduals described by section 5342(a)(2)(A) of that title.

    "(3) ADDITIONAL COMPENSATION, INCENTIVES, AND ALI,OWANCES.-

    "(A) ADDI'PIONAIJ COMPENSA'I'ION BASED ON TITLE !'5 AUTIIORI1'IES.- Thc Secretary may

    provide employees in qualified positions com-

    pensation (in addition to basic pay), including benefits, incentives, and aJlowa.nces, consistent

    with, and not in excess of the level authorized

    for, comparable positions authorized by title 5,

    United States Code.

    "(13) \T N, C- .L.u,LOWAi CEd IN NONFOIU~IGN

    AREAS.-An employee in a qualified position

    whose rate of basic pay is fixed under para-

    graph (2)(A) shall be eligible for an allowance under section 5941 of title 5, United States

    Code, on the same basis and to the same extent

    as if the employee was an employee covered by

    such section 5941, including eligibility condi-

    tions, allowance rates, and all other terms and

    conditions in law or regulation.

  • IIE1':14G% S.L.C.

    6 1 "( 4) PLAN FOR EA.'"EGGTTON OF .ACTIIOIU-2 TTES.-Not later than 120 days after the date of en-

    3 a.ctment of this section, the Secretary shall submit a.

    4 report to the appropriate committees of Congress

    5 v.rith a plan for the use of the authorities provided

    6 under this subsection.

    7 "(5) Cou,ECTIVE BAIWAINTNU AOH.EE:\'fENTS.-8 Nothing in paragraph (1) may be construed to im-9 pair the continued effectiveness of a collective bar-

    10 gaining agreement with respect to an office, compo-

    11 nent, subcomponent, or equivalent of the Depart-

    12 ment that is a successor to an office, component,

    13 subcomponent, or equivalent of the Department cov-

    14 cred by the agreement before the succession.

    15 "( 6) REQUIRED H.EGULATION8.-'fhe Secretary, 16 in coordination with the Director of the Office of

    17. Personnel Management, shall prescribe regulations

    18 for the administration of t his section.

    19 "(c) Ai'JNUAL REPORT.-Not later than 1 year after 20 the date of enactment of this section, and every year thcrc-

    21 after for 4 years, the Secretary shall submit to the appro-

    22 priatc committees of Congress a detailed report that-

    23 " ( 1) discusses the process used by the Sec-24 rctary in accepting applications, assessing can-

    25 didatcs, ensuring adherence to veterans' preference,

  • ITEN14695 S.IJ.C.

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    1 and selecting applicants for vacancies to he fi lled by

    2 an individual for a qualificc1 position;

    3 "(2) describes-4 "(A) how the Secretary plans to fulfil] the 5 critical need of the Department to recruit and

    6 retain employees in qualified positions;

    7 "(B) the measures that will be used to 8 measure progress; and

    9 "(C) any actions taken during the report-! 0 ing period to fulfill such critical need;

    11 "(3) discusses how the planning and actions 12 taken under paragraph (2) are integrated into the 13 strategic vvorkforce planning of the Department;

    14 "( 4) provides metrics on actions occurring dur-15 ing the reporting period, including-

    16 "(A) the number of employees in qualified 17 positions hired by occupation and gTade and

    18 level or pay band;

    19 "(B) the placement of employees in quali-20 fied positions by directorate and office within

    21 the Department;

    22 "(C) the total number of veterans hired; 23 "(D) the number of separations of cmploy-24 ees in qualified positions by occupation and

    25 grade and level or pay band;

  • IIEN146% S.L.C.

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    1 "(E) the number of retirements of cmploy-2 ees in qualified positions by occupation and

    3 grade and level or pay band; and

    4 ''(F) the number and amounts of recruit-s mcnt, relocation, an

  • HEN14!HJ:i S.L.C.

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    1 "(f) STUDY AN.D REPORT.-~ot later than 120 days 2 after the date of enactment of this section, the National

    3 Protection and Programs Directorate shall submit a re-

    4 port reg-arding the availability of, and benefits (including 5 cost Ravings and security) of using, cybersecurity pcr-6 sonnel and facilities outside of the National Capital lk-

    7 gion (as defined in section 267 4 of title 10, United States 8 Co

  • lIENJ4()!J5 S.L.C.

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    1 Homeland Security under section 226 of the Home-

    2 land Security Act of 2002;".

    3 (c) TABLE OF CONTENTS AMENDMENT.-The table 4 of contents in section l(b) of the Homeland Security Act 5 of 2002 (6 U.S.C. 101 ct seq.) is amended by inserting 6 aft.er the item relating to section 225 the follmving:

    "Se25 and "Specialty Area" have the meanings given such

  • IIEN14ti!)ii S.IJ.C.

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    1 terms in the Office of Personnel Management's

    2 Guide