[Congressional Record Volume 160, Number 150 (Wednesday, December 10, 2014)]
[House]
[Pages H8945-H8951]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               BORDER PATROL AGENT PAY REFORM ACT OF 2014

  Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 1691) to amend title 5, 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1691

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Border Patrol Agent Pay 
     Reform Act of 2014''.

     SEC. 2. BORDER PATROL RATE OF PAY.

       (a) Purpose.--The purposes of this Act are--
       (1) to strengthen U.S. Customs and Border Protection and 
     ensure that border patrol agents are sufficiently ready to 
     conduct necessary work and will perform overtime hours in 
     excess of a 40-hour workweek based on the needs of U.S. 
     Customs and Border Protection; and
       (2) to ensure U.S. Customs and Border Protection has the 
     flexibility to cover shift changes and retains the right to 
     assign scheduled and unscheduled work for mission 
     requirements and planning based on operational need.
       (b) Rates of Pay.--Subchapter V of chapter 55 of title 5, 
     United States Code, is amended by inserting after section 
     5549 the following:

     ``Sec. 5550. Border patrol rate of pay

       ``(a) Definitions.--In this section--
       ``(1) the term `basic border patrol rate of pay' means the 
     hourly rate of basic pay of the applicable border patrol, as 
     determined without regard to this section;
       ``(2) the term `border patrol agent' means an individual 
     who is appointed to a position assigned to the Border Patrol 
     Enforcement classification series 1896 or any successor 
     series, consistent with classification standards established 
     by the Office of Personnel Management;
       ``(3) the term `level 1 border patrol rate of pay' means 
     the hourly rate of pay equal to 1.25 times the otherwise 
     applicable hourly rate of basic pay of the applicable border 
     patrol agent;
       ``(4) the term `level 2 border patrol rate of pay' means 
     the hourly rate of pay equal to 1.125 times the otherwise 
     applicable hourly rate of basic pay of the applicable border 
     patrol agent; and
       ``(5) the term `work period' means a 14-day biweekly pay 
     period.
       ``(b) Receipt of Border Patrol Rate of Pay.--
       ``(1) Voluntary election.--
       ``(A) In general.--Not later than 30 days before the first 
     day of each year beginning after the date of enactment of 
     this section, a border patrol agent shall make an election 
     whether the border patrol agent shall, for that year, be 
     assigned to--
       ``(i) the level 1 border patrol rate of pay;
       ``(ii) the level 2 border patrol rate of pay; or
       ``(iii) the basic border patrol rate of pay, with 
     additional overtime assigned as needed by U.S. Customs and 
     Border Protection.
       ``(B) Regulations.--The Director of the Office of Personnel 
     Management shall promulgate regulations establishing 
     procedures for elections under subparagraph (A).
       ``(C) Information regarding election.--Not later than 60 
     days before the first day of each year beginning after the 
     date of enactment of this section, U.S. Customs and Border 
     Protection shall provide each border patrol agent with 
     information regarding each type of election available under 
     subparagraph (A) and how to make such an election.
       ``(D) Assignment in lieu of election.--Notwithstanding 
     subparagraph (A)--
       ``(i) a border patrol agent who fails to make a timely 
     election under subparagraph (A) shall be assigned to the 
     level 1 border patrol rate of pay;
       ``(ii) a border patrol agent who is assigned a canine shall 
     be assigned to the level 1 border patrol rate of pay;
       ``(iii) if at any time U.S. Customs and Border Protection 
     concludes that a border patrol agent is unable to perform 
     overtime on a daily basis in accordance with this section, 
     U.S. Customs and Border Protection shall assign the border 
     patrol agent to the basic border patrol rate of pay until 
     such time as U.S. Customs and Border Protection determines 
     that the border patrol agent is able to perform scheduled 
     overtime on a daily basis;
       ``(iv) unless the analysis conducted under section 2(e) of 
     the Border Patrol Agent Pay Reform Act of 2014 indicates 
     that, in order to more adequately fulfill the operational 
     requirements of U.S. Customs and Border Protection, such 
     border patrol agents should be allowed to elect or be 
     assigned to the level 1 border patrol rate of pay or the 
     level 2 border patrol rate of pay, a border patrol agent 
     shall be assigned to the basic border patrol rate of pay if 
     the agent works--

       ``(I) at U.S. Customs and Border Protection headquarters;
       ``(II) as a training instructor at a U.S. Customs and 
     Border Protection training facility;
       ``(III) in an administrative position; or
       ``(IV) as a fitness instructor; and

       ``(v) a border patrol agent may be assigned to the level 1 
     border patrol rate of pay or the level 2 border patrol rate 
     of pay in accordance with subparagraph (E).
       ``(E) Flexibility.--
       ``(i) In general.--Except as provided in clauses (ii) and 
     (iii), and notwithstanding any other provision of law, U.S. 
     Customs and Border Protection shall take such action as is 
     necessary, including the unilateral assignment of border 
     patrol agents to the level 1 border patrol rate of pay or the 
     level 2 border patrol rate of pay, to ensure that not more 
     than 10 percent of the border patrol agents stationed at a 
     location are assigned to the level 2 border patrol rate of 
     pay or the basic border patrol rate of pay.
       ``(ii) Waiver.--U.S. Customs and Border Protection may 
     waive the limitation under clause (i) on the percent of 
     border patrol agents stationed at a location who are assigned 
     to the level 2 border patrol rate of pay or the basic border 
     patrol rate of pay if, based on the analysis conducted under 
     section 2(e) of the Border Patrol Agent Pay Reform Act of 
     2014, U.S. Customs and Border Protection determines it may do 
     so and adequately fulfill its operational requirements.
       ``(iii) Certain locations.--Clause (i) shall not apply to 
     border patrol agents working at the headquarters of U.S. 
     Customs and Border Protection or a training location of U.S. 
     Customs and Border Protection.
       ``(F) Canine care.--For a border patrol agent assigned to 
     provide care for a canine and assigned to the level 1 border 
     patrol rate of pay in accordance with subparagraph (D)(ii)--
       ``(i) that rate of pay covers all such care;
       ``(ii) for the purposes of scheduled overtime under 
     paragraph (2)(A)(ii), such care shall be counted as 1 hour of 
     scheduled overtime on each regular workday without regard to 
     the actual duration of such care or whether such care occurs 
     on the regular workday; and
       ``(iii) no other pay shall be paid to the border patrol 
     agent for such care.
       ``(G) Pay assignment continuity.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Border Patrol Agent Pay Reform Act of 2014, 
     and in

[[Page H8946]]

     consultation with the Office of Personnel Management, U.S. 
     Customs and Border Protection shall develop and implement a 
     plan to ensure, to the greatest extent practicable, that the 
     assignment of a border patrol agent under this section during 
     the 3 years of service before the border patrol agent becomes 
     eligible for immediate retirement are consistent with the 
     average border patrol rate of pay level to which the border 
     patrol agent has been assigned during the course of the 
     career of the border patrol agent.
       ``(ii) Implementation.--Notwithstanding any other provision 
     of law, U.S. Customs and Border Protection may take such 
     action as is necessary, including the unilateral assignment 
     of border patrol agents to the level 1 border patrol rate of 
     pay, the level 2 border patrol rate of pay, or the basic 
     border patrol rate of pay, to implement the plan developed 
     under this subparagraph.
       ``(iii) Reporting.--U.S. Customs and Border Protection 
     shall submit the plan developed under clause (i) to the 
     appropriate committees of Congress.
       ``(iv) GAO review.--Not later than 6 months after U.S. 
     Customs and Border Protection issues the plan required under 
     clause (i), the Comptroller General of the United States 
     shall submit to the appropriate committees of Congress a 
     report on the effectiveness of the plan in ensuring that 
     border patrol agents are not able to artificially enhance 
     their retirement annuities.
       ``(v) Definition.--In this subparagraph, the term 
     `appropriate committees of Congress' means--

       ``(I) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate; 
     and
       ``(II) the Committee on Homeland Security, the Committee on 
     Oversight and Government Reform, and the Committee on 
     Appropriations of the House of Representatives.

       ``(vi) Rule of construction.--Nothing in this subparagraph 
     shall be construed to limit the ability of U.S. Customs and 
     Border Protection to assign border patrol agents to border 
     patrol rates of pay as necessary to meet operational 
     requirements.
       ``(2) Level 1 border patrol rate of pay.--For a border 
     patrol agent who is assigned to the level 1 border patrol 
     rate of pay--
       ``(A) the border patrol agent shall have a regular tour of 
     duty consisting of 5 workdays per week with--
       ``(i) 8 hours of regular time per workday, which may be 
     interrupted by an unpaid off-duty meal break; and
       ``(ii) 2 additional hours of scheduled overtime during each 
     day the agent performs work under clause (i);
       ``(B) for paid hours of regular time described in 
     subparagraph (A)(i), the border patrol agent shall receive 
     pay at the level 1 border patrol rate of pay;
       ``(C) compensation for the hours of regularly scheduled 
     overtime work described in subparagraph (A)(ii) is provided 
     indirectly through the 25 percent supplement within the level 
     1 border patrol rate of pay, and the border patrol agent may 
     not receive for such hours--
       ``(i) any compensation in addition to the compensation 
     under subparagraph (B) under this section or any other 
     provision of law; or
       ``(ii) any compensatory time off;
       ``(D) the border patrol agent shall receive compensatory 
     time off or pay at the overtime hourly rate of pay for hours 
     of work in excess of 100 hours during a work period, as 
     determined in accordance with section 5542(g);
       ``(E) the border patrol agent shall be charged 
     corresponding amounts of paid leave, compensatory time off, 
     or other paid time off for each hour (or part thereof) the 
     agent is absent from work during regular time (except that 
     full days off for military leave shall be charged when 
     required);
       ``(F) if the border patrol agent is absent during scheduled 
     overtime described in subparagraph (A)(ii)--
       ``(i) the border patrol agent shall accrue an obligation to 
     perform other overtime work for each hour (or part thereof) 
     the border patrol agent is absent; and
       ``(ii) any overtime work applied toward the obligation 
     under clause (i) shall not be credited as overtime work under 
     any other provision of law; and
       ``(G) for the purposes of advanced training, the border 
     patrol agent--
       ``(i) shall be paid at the level 1 border patrol rate of 
     pay for the first 60 days of advanced training in a calendar 
     year; and
       ``(ii) for any advanced training in addition to the 
     advanced training described in clause (i), shall be paid at 
     the basic border patrol rate of pay.
       ``(3) Level 2 border patrol rate of pay.--For a border 
     patrol agent who is assigned to the level 2 border patrol 
     rate of pay--
       ``(A) the border patrol agent shall have a regular tour of 
     duty consisting of 5 workdays per week with--
       ``(i) 8 hours of regular time per workday, which may be 
     interrupted by an unpaid off-duty meal break; and
       ``(ii) 1 additional hour of scheduled overtime during each 
     day the agent performs work under clause (i);
       ``(B) for paid hours of regular time described in 
     subparagraph (A)(i), the border patrol agent shall receive 
     pay at the level 2 border patrol rate of pay;
       ``(C) compensation for the hours of regularly scheduled 
     overtime work described in subparagraph (A)(ii) is provided 
     indirectly through the 12.5 percent supplement within the 
     level 2 border patrol rate of pay, and the border patrol 
     agent may not receive for such hours--
       ``(i) any compensation in addition to the compensation 
     under subparagraph (B) under this section or any other 
     provision of law; or
       ``(ii) any compensatory time off;
       ``(D) the border patrol agent shall receive compensatory 
     time off or pay at the overtime hourly rate of pay for hours 
     of work in excess of 90 hours during a work period, as 
     determined in accordance with section 5542(g);
       ``(E) the border patrol agent shall be charged 
     corresponding amounts of paid leave, compensatory time off, 
     or other paid time off for each hour (or part thereof) the 
     agent is excused from work during regular time (except that 
     full days off for military leave shall be charged when 
     required);
       ``(F) if the border patrol agent is absent during scheduled 
     overtime described in subparagraph (A)(ii)--
       ``(i) the border patrol agent shall accrue an obligation to 
     perform other overtime work for each hour (or part thereof) 
     the border patrol agent is absent; and
       ``(ii) any overtime work applied toward the obligation 
     under clause (i) shall not be credited as overtime work under 
     any other provision of law; and
       ``(G) for the purposes of advanced training, the border 
     patrol agent--
       ``(i) shall be paid at the level 2 border patrol rate of 
     pay for the first 60 days of advanced training in a calendar 
     year; and
       ``(ii) for any advanced training in addition to the 
     advanced training described in clause (i), shall be paid at 
     the basic border patrol rate of pay.
       ``(4) Basic border patrol rate of pay.--For a border patrol 
     agent who is assigned to the basic border patrol rate of 
     pay--
       ``(A) the border patrol agent shall have a regular tour of 
     duty consisting of 5 workdays per week with 8 hours of 
     regular time per workday; and
       ``(B) the border patrol agent shall receive compensatory 
     time off or pay at the overtime hourly rate of pay for hours 
     of work in excess of 80 hours during a work period, as 
     determined in accordance with section 5542(g).
       ``(c) Eligibility for Other Premium Pay.--A border patrol 
     agent--
       ``(1) shall receive premium pay for nightwork in accordance 
     with subsections (a) and (b) of section 5545 and Sunday and 
     holiday pay in accordance with section 5546, without regard 
     to the rate of pay to which the border patrol agent is 
     assigned under this section, except that--
       ``(A) no premium pay for night, Sunday, or holiday work 
     shall be provided for hours of regularly scheduled overtime 
     work described in paragraph (2)(A)(ii) or (3)(A)(ii) of 
     subsection (b), consistent with the requirements of paragraph 
     (2)(C) or (3)(C) of subsection (b); and
       ``(B) section 5546(d) shall not apply and instead 
     eligibility for pay for, and the rate of pay for, any 
     overtime work on a Sunday or a designated holiday shall be 
     determined in accordance with this section and section 
     5542(g);
       ``(2) except as provided in paragraph (3) or section 
     5542(g), shall not be eligible for any other form of premium 
     pay under this title; and
       ``(3) shall be eligible for hazardous duty pay in 
     accordance with section 5545(d).
       ``(d) Treatment as Basic Pay.--Any pay in addition to the 
     basic border patrol rate of pay for a border patrol agent 
     resulting from application of the level 1 border patrol rate 
     of pay or the level 2 border patrol rate of pay--
       ``(1) subject to paragraph (2), shall be treated as part of 
     basic pay solely for--
       ``(A) purposes of sections 5595(c), 8114(e), 8331(3)(I), 
     and 8704(c);
       ``(B) any other purpose that the Director of the Office of 
     Personnel Management may by regulation prescribe; and
       ``(C) any other purpose expressly provided for by law; and
       ``(2) shall not be treated as part of basic pay for the 
     purposes of calculating overtime pay, night pay, Sunday pay, 
     or holiday pay under section 5542, 5545, or 5546.
       ``(e) Travel Time.--Travel time to and from home and duty 
     station by a border patrol agent shall not be considered 
     hours of work under any provision of law.
       ``(f) Leave Without Pay and Substitution of Hours.--
       ``(1) Regular time.--
       ``(A) In general.--For a period of leave without pay during 
     the regular time of a border patrol agent (as described in 
     paragraph (2)(A)(i), (3)(A)(i), or (4)(A) of subsection (b)) 
     within a work period, an equal period of work outside the 
     regular time of the border patrol agent, but in the same work 
     period--
       ``(i) shall be substituted and paid for at the rate 
     applicable for the regular time; and
       ``(ii) shall not be credited as overtime hours for any 
     purpose.
       ``(B) Priority for same day work.--In substituting hours of 
     work under subparagraph (A), work performed on the same day 
     as the period of leave without pay shall be substituted 
     first.
       ``(C) Priority for regular time substitution.--Hours of 
     work shall be substituted for regular time work under this 
     paragraph before being substituted for scheduled overtime 
     under paragraphs (2), (3), and (4).
       ``(2) Overtime work.--
       ``(A) In general.--For a period of absence during scheduled 
     overtime (as described in paragraph (2)(F) or (3)(F) of 
     subsection (b))

[[Page H8947]]

     within a work period, an equal period of additional work in 
     the same work period--
       ``(i) shall be substituted and credited as scheduled 
     overtime; and
       ``(ii) shall not be credited as overtime hours under any 
     other provision of law.
       ``(B) Priority for same day work.--In substituting hours of 
     work under subparagraph (A), work performed on the same day 
     as the period of absence shall be substituted first.
       ``(3) Application of compensatory time.--If a border patrol 
     agent does not have sufficient additional work in a work 
     period to substitute for all periods of absence during 
     scheduled overtime (as described in paragraph (2)(F) or 
     (3)(F) of subsection (b)) within that work period, any 
     accrued compensatory time off under section 5542(g) shall be 
     applied to satisfy the hours obligation.
       ``(4) Insufficient hours.--If a border patrol agent has a 
     remaining hours obligation of scheduled overtime after 
     applying paragraphs (2) and (3), any additional work in 
     subsequent work periods that would otherwise be credited 
     under section 5542(g) shall be applied towards the hours 
     obligation until that obligation is satisfied.
       ``(g) Authority To Require Overtime Work.--Nothing in this 
     section shall be construed to limit the authority of U.S. 
     Customs and Border Protection to require a border patrol 
     agent to perform hours of overtime work in accordance with 
     the needs of U.S. Customs and Border Protection, including if 
     needed in the event of a local or national emergency.''.
       (c) Overtime Work.--
       (1) In general.--Section 5542 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(g) In applying subsection (a) with respect to a border 
     patrol agent covered by section 5550, the following rules 
     apply:
       ``(1) Notwithstanding the matter preceding paragraph (1) in 
     subsection (a), for a border patrol agent who is assigned to 
     the level 1 border patrol rate of pay under section 5550--
       ``(A) hours of work in excess of 100 hours during a 14-day 
     biweekly pay period shall be overtime work; and
       ``(B) the border patrol agent--
       ``(i) shall receive pay at the overtime hourly rate of pay 
     (as determined in accordance with paragraphs (1) and (2) of 
     subsection (a)) for hours of overtime work that are 
     officially ordered or approved in advance of the workweek; 
     and
       ``(ii) except as provided in paragraphs (4) and (5), shall 
     receive compensatory time off for an equal amount of time 
     spent performing overtime work that is not overtime work 
     described in clause (i).
       ``(2) Notwithstanding the matter preceding paragraph (1) in 
     subsection (a), for a border patrol agent who is assigned to 
     the level 2 border patrol rate of pay under section 5550--
       ``(A) hours of work in excess of 90 hours during a 14-day 
     biweekly pay period shall be overtime work; and
       ``(B) the border patrol agent--
       ``(i) shall receive pay at the overtime hourly rate of pay 
     (as determined in accordance with paragraphs (1) and (2) of 
     subsection (a)) for hours of overtime work that are 
     officially ordered or approved in advance of the workweek; 
     and
       ``(ii) except as provided in paragraphs (4) and (5), shall 
     receive compensatory time off for an equal amount of time 
     spent performing overtime work that is not overtime work 
     described in clause (i).
       ``(3) Notwithstanding the matter preceding paragraph (1) in 
     subsection (a), for a border patrol agent who is assigned to 
     the basic border patrol rate of pay under section 5550--
       ``(A) hours of work in excess of 80 hours during a 14-day 
     biweekly pay period shall be overtime work; and
       ``(B) the border patrol agent--
       ``(i) shall receive pay at the overtime hourly rate of pay 
     (as determined in accordance with paragraphs (1) and (2) of 
     subsection (a)) for hours of overtime work that are 
     officially ordered or approved in advance of the workweek; 
     and
       ``(ii) except as provided in paragraphs (4) and (5), shall 
     receive compensatory time off for an equal amount of time 
     spent performing overtime work that is not overtime work 
     described in clause (i).
       ``(4)(A) Except as provided in subparagraph (B), during a 
     14-day biweekly pay period, a border patrol agent may not 
     earn compensatory time off for more than 10 hours of overtime 
     work.
       ``(B) U.S. Customs and Border Protection may, as it 
     determines appropriate, waive the limitation under 
     subparagraph (A) for an individual border patrol agent for 
     hours of irregular or occasional overtime work, but such 
     waiver must be approved in writing in advance of the 
     performance of any such work for which compensatory time off 
     is earned under paragraph (1)(B)(ii), (2)(B)(ii), or 
     (3)(B)(ii). If a waiver request by a border patrol agent is 
     denied, the border patrol agent may not be ordered to perform 
     the associated overtime work.
       ``(5) A border patrol agent--
       ``(A) may not earn more than 240 hours of compensatory time 
     off during a leave year;
       ``(B) shall use any hours of compensatory time off not 
     later than the end of the 26th pay period after the pay 
     period during which the compensatory time off was earned;
       ``(C) shall be required to use 1 hour of compensatory time 
     off for each hour of regular time not worked for which the 
     border patrol agent is not on paid leave or other paid time 
     off or does not substitute time in accordance with section 
     5550(f);
       ``(D) shall forfeit any compensatory time off not used in 
     accordance with this paragraph and, regardless of 
     circumstances, shall not be entitled to any cash value for 
     compensatory time earned under section 5550;
       ``(E) shall not receive credit towards the computation of 
     the annuity of the border patrol agent for compensatory time, 
     whether used or not; and
       ``(F) shall not be credited with compensatory time off if 
     the value of such time off would cause the aggregate premium 
     pay of the border patrol agent to exceed the limitation 
     established under section 5547 in the period in which it was 
     earned.''.
       (2) Minimization of overtime.--U.S. Customs and Border 
     Protection shall, to the maximum extent practicable, avoid 
     the use of scheduled overtime work by border patrol agents.
       (d) Retirement.--Section 8331(3) of title 5, United States 
     Code, is amended--
       (1) in subparagraph (G), by striking ``and'';
       (2) in subparagraph (H), by inserting ``and'' after the 
     semicolon;
       (3) by inserting a new subparagraph after subparagraph (H) 
     as follows:

       ``(I) with respect to a border patrol agent, the amount of 
     supplemental pay received through application of the level 1 
     border patrol rate of pay or the level 2 border patrol rate 
     of pay for scheduled overtime within the regular tour of duty 
     of the border patrol agent as provided in section 5550;''; 
     and

       (4) in the undesignated matter following subparagraph (H), 
     by striking ``subparagraphs (B) through (H)'' and inserting 
     ``subparagraphs (B) through (I)''.
       (e) Comprehensive Staffing Analysis.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, U.S. Customs and Border Protection 
     shall conduct a comprehensive analysis, and submit to the 
     Comptroller General of the United States a report, that--
       (A) examines the staffing requirements for U.S. Border 
     Patrol to most effectively meet its operational requirements 
     at each Border Patrol duty station;
       (B) estimates the cost of the staffing requirements at each 
     Border Patrol duty station; and
       (C) includes--
       (i) a position-by-position review at each Border Patrol 
     station to determine--

       (I) the duties assigned to each position;
       (II) how the duties relate to the operational requirements 
     of U.S. Border Patrol; and
       (III) the number of hours border patrol agents in that 
     position would need to work each pay period to meet the 
     operational requirements of U.S. Border Patrol;

       (ii) the metrics used to determine the number of hours of 
     work performed at each Border Patrol station, broken down by 
     the type of hours worked;
       (iii) a cost analysis of the most recent full fiscal year 
     by the type of full-time equivalent hours worked;
       (iv) a cost estimate by the type of full-time equivalent 
     hours expected to be worked during the first full fiscal year 
     after the date of enactment of this Act; and
       (v) an analysis that compares the cost of assigning the 
     full-time equivalent hours needed to meet the operational 
     requirements of U.S. Border Patrol to existing border patrol 
     agents through higher rates of pay versus recruiting, hiring, 
     training, and deploying additional border patrol agents.
       (2) Independent validator.--Not later than 90 days after 
     the date on which the Comptroller General receives the report 
     under paragraph (1), the Comptroller General shall submit to 
     the appropriate committees of Congress a report that--
       (A) examines the methodology used by U.S. Customs and 
     Border Protection to carry out the analysis; and
       (B) indicates whether the Comptroller General concurs with 
     the findings in the report under paragraph (1).
       (3) Definition.--In this subsection, the term ``appropriate 
     committees of Congress'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Oversight and Government Reform and 
     the Committee on Appropriations of the House of 
     Representatives.
       (f) Rules of Construction.--Nothing in this section or the 
     amendments made by this section shall be construed to--
       (1) limit the right of U.S. Customs and Border Protection 
     to assign both scheduled and unscheduled work to a border 
     patrol agent based on the needs of U.S. Customs and Border 
     Protection in excess of the hours of work normally applicable 
     under the election of the border patrol agent, regardless of 
     what the border patrol agent might otherwise have elected;
       (2) require compensation of a border patrol agent other 
     than for hours during which the border patrol agent is 
     actually performing work or using approved paid leave or 
     other paid time off; or
       (3) exempt a border patrol agent from any limitations on 
     pay, earnings, or compensation, including the limitations 
     under section 5547 of title 5, United States Code.
       (g) Technical and Conforming Amendments.--
       (1) Section 5547 of title 5, United States Code is amended 
     by--
       (A) in subsection (a), in the matter preceding paragraph 
     (1)--
       (i) by striking, ``and'' before ``5546''; and
       (ii) by inserting ``, and 5550'' after ``5546 (a) and 
     (b)''; and
       (B) by adding at the end the following:

[[Page H8948]]

       ``(e) Any supplemental pay resulting from receipt of the 
     level 1 border patrol rate of pay or the level 2 border 
     patrol rate of pay under section 5550 shall be considered 
     premium pay in applying this section.''.
       (2) Section 13(a) of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 213(a)) is amended--
       (A) in paragraph (16), by striking ``or'' after the 
     semicolon;
       (B) in paragraph (17), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(18) any employee who is a border patrol agent, as 
     defined in section 5550(a) of title 5, United States Code.''.
       (3) The table of sections for chapter 55 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 5549 the following:

``5550. Border patrol rate of pay.''.

       (h) Regulations.--The Director of the Office of Personnel 
     Management shall promulgate regulations to carry out this Act 
     and the amendments made by this Act.

     SEC. 3. CYBERSECURITY RECRUITMENT AND RETENTION.

       (a) In General.--At the end of subtitle C of title II of 
     the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), add 
     the following:

     ``SEC. 226. CYBERSECURITY RECRUITMENT AND RETENTION.

       ``(a) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Appropriations of the Senate and the Committee on Homeland 
     Security and the Committee on Appropriations of the House of 
     Representatives.
       ``(2) Collective bargaining agreement.--The term 
     `collective bargaining agreement' has the meaning given that 
     term in section 7103(a)(8) of title 5, United States Code.
       ``(3) Excepted service.--The term `excepted service' has 
     the meaning given that term in section 2103 of title 5, 
     United States Code.
       ``(4) Preference eligible.--The term `preference eligible' 
     has the meaning given that term in section 2108 of title 5, 
     United States Code.
       ``(5) Qualified position.--The term `qualified position' 
     means a position, designated by the Secretary for the purpose 
     of this section, in which the incumbent performs, manages, or 
     supervises functions that execute the responsibilities of the 
     Department relating to cybersecurity.
       ``(6) Senior executive service.--The term `Senior Executive 
     Service' has the meaning given that term in section 2101a of 
     title 5, United States Code.
       ``(b) General Authority.--
       ``(1) Establish positions, appoint personnel, and fix rates 
     of pay.--
       ``(A) General authority.--The Secretary may--
       ``(i) establish, as positions in the excepted service, such 
     qualified positions in the Department as the Secretary 
     determines necessary to carry out the responsibilities of the 
     Department relating to cybersecurity, including positions 
     formerly identified as--

       ``(I) senior level positions designated under section 5376 
     of title 5, United States Code; and
       ``(II) positions in the Senior Executive Service;

       ``(ii) appoint an individual to a qualified position (after 
     taking into consideration the availability of preference 
     eligibles for appointment to the position); and
       ``(iii) subject to the requirements of paragraphs (2) and 
     (3), fix the compensation of an individual for service in a 
     qualified position.
       ``(B) Construction with other laws.--The authority of the 
     Secretary under this subsection applies without regard to the 
     provisions of any other law relating to the appointment, 
     number, classification, or compensation of employees.
       ``(2) Basic pay.--
       ``(A) Authority to fix rates of basic pay.--In accordance 
     with this section, the Secretary shall fix the rates of basic 
     pay for any qualified position established under paragraph 
     (1) in relation to the rates of pay provided for employees in 
     comparable positions in the Department of Defense and subject 
     to the same limitations on maximum rates of pay established 
     for such employees by law or regulation.
       ``(B) Prevailing rate systems.--The Secretary may, 
     consistent with section 5341 of title 5, United States Code, 
     adopt such provisions of that title as provide for prevailing 
     rate systems of basic pay and may apply those provisions to 
     qualified positions for employees in or under which the 
     Department may employ individuals described by section 
     5342(a)(2)(A) of that title.
       ``(3) Additional compensation, incentives, and 
     allowances.--
       ``(A) Additional compensation based on title 5 
     authorities.--The Secretary may provide employees in 
     qualified positions compensation (in addition to basic pay), 
     including benefits, incentives, and allowances, consistent 
     with, and not in excess of the level authorized for, 
     comparable positions authorized by title 5, United States 
     Code.
       ``(B) Allowances in nonforeign areas.--An employee in a 
     qualified position whose rate of basic pay is fixed under 
     paragraph (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 
     conditions, allowance rates, and all other terms and 
     conditions in law or regulation.
       ``(4) Plan for execution of authorities.--Not later than 
     120 days after the date of enactment of this section, the 
     Secretary shall submit a report to the appropriate committees 
     of Congress with a plan for the use of the authorities 
     provided under this subsection.
       ``(5) Collective bargaining agreements.--Nothing in 
     paragraph (1) may be construed to impair the continued 
     effectiveness of a collective bargaining agreement with 
     respect to an office, component, subcomponent, or equivalent 
     of the Department that is a successor to an office, 
     component, subcomponent, or equivalent of the Department 
     covered by the agreement before the succession.
       ``(6) Required regulations.--The Secretary, in coordination 
     with the Director of the Office of Personnel Management, 
     shall prescribe regulations for the administration of this 
     section.
       ``(c) Annual Report.--Not later than 1 year after the date 
     of enactment of this section, and every year thereafter for 4 
     years, the Secretary shall submit to the appropriate 
     committees of Congress a detailed report that--
       ``(1) discusses the process used by the Secretary in 
     accepting applications, assessing candidates, ensuring 
     adherence to veterans' preference, and selecting applicants 
     for vacancies to be filled by an individual for a qualified 
     position;
       ``(2) describes--
       ``(A) how the Secretary plans to fulfill the critical need 
     of the Department to recruit and retain employees in 
     qualified positions;
       ``(B) the measures that will be used to measure progress; 
     and
       ``(C) any actions taken during the reporting period to 
     fulfill such critical need;
       ``(3) discusses how the planning and actions taken under 
     paragraph (2) are integrated into the strategic workforce 
     planning of the Department;
       ``(4) provides metrics on actions occurring during the 
     reporting period, including--
       ``(A) the number of employees in qualified positions hired 
     by occupation and grade and level or pay band;
       ``(B) the placement of employees in qualified positions by 
     directorate and office within the Department;
       ``(C) the total number of veterans hired;
       ``(D) the number of separations of employees in qualified 
     positions by occupation and grade and level or pay band;
       ``(E) the number of retirements of employees in qualified 
     positions by occupation and grade and level or pay band; and
       ``(F) the number and amounts of recruitment, relocation, 
     and retention incentives paid to employees in qualified 
     positions by occupation and grade and level or pay band; and
       ``(5) describes the training provided to supervisors of 
     employees in qualified positions at the Department on the use 
     of the new authorities.
       ``(d) Three-Year Probationary Period.--The probationary 
     period for all employees hired under the authority 
     established in this section shall be 3 years.
       ``(e) Incumbents of Existing Competitive Service 
     Positions.--
       ``(1) In general.--An individual serving in a position on 
     the date of enactment of this section that is selected to be 
     converted to a position in the excepted service under this 
     section shall have the right to refuse such conversion.
       ``(2) Subsequent conversion.--After the date on which an 
     individual who refuses a conversion under paragraph (1) stops 
     serving in the position selected to be converted, the 
     position may be converted to a position in the excepted 
     service.
       ``(f) Study and Report.--Not later than 120 days after the 
     date of enactment of this section, the National Protection 
     and Programs Directorate shall submit a report regarding the 
     availability of, and benefits (including cost savings and 
     security) of using, cybersecurity personnel and facilities 
     outside of the National Capital Region (as defined in section 
     2674 of title 10, United States Code) to serve the Federal 
     and national need to--
       ``(1) the Subcommittee on Homeland Security of the 
     Committee on Appropriations and the Committee on Homeland 
     Security and Governmental Affairs of the Senate; and
       ``(2) the Subcommittee on Homeland Security of the 
     Committee on Appropriations and the Committee on Homeland 
     Security of the House of Representatives.''.
       (b) Conforming Amendment.--Section 3132(a)(2) of title 5, 
     United States Code, is amended in the matter following 
     subparagraph (E)--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by inserting ``or'' after the 
     semicolon; and
       (3) by inserting after clause (ii) the following:
       ``(iii) any position established as a qualified position in 
     the excepted service by the Secretary of Homeland Security 
     under section 226 of the Homeland Security Act of 2002;''.
       (c) Table of Contents Amendment.--The table of contents in 
     section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 
     101 et seq.) is amended by inserting after the item relating 
     to section 225 the following:

``Sec. 226. Cybersecurity recruitment and retention.''.

[[Page H8949]]

     SEC. 4. HOMELAND SECURITY CYBERSECURITY WORKFORCE ASSESSMENT.

       (a) Short Title.--This section may be cited as the 
     ``Homeland Security Cybersecurity Workforce Assessment Act''.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security of the House of 
     Representatives; and
       (C) the Committee on House Administration of the House of 
     Representatives.
       (2) Cybersecurity work category; data element code; 
     specialty area.--The terms ``Cybersecurity Work Category'', 
     ``Data Element Code'', and ``Specialty Area'' have the 
     meanings given such terms in the Office of Personnel 
     Management's Guide to Data Standards.
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Personnel Management.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (c) National Cybersecurity Workforce Measurement 
     Initiative.--
       (1) In general.--The Secretary shall--
       (A) identify all cybersecurity workforce positions within 
     the Department;
       (B) determine the primary Cybersecurity Work Category and 
     Specialty Area of such positions; and
       (C) assign the corresponding Data Element Code, as set 
     forth in the Office of Personnel Management's Guide to Data 
     Standards which is aligned with the National Initiative for 
     Cybersecurity Education's National Cybersecurity Workforce 
     Framework report, in accordance with paragraph (2).
       (2) Employment codes.--
       (A) Procedures.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall establish 
     procedures--
       (i) to identify open positions that include cybersecurity 
     functions (as defined in the OPM Guide to Data Standards); 
     and
       (ii) to assign the appropriate employment code to each such 
     position, using agreed standards and definitions.
       (B) Code assignments.--Not later than 9 months after the 
     date of the enactment of this Act, the Secretary shall assign 
     the appropriate employment code to--
       (i) each employee within the Department who carries out 
     cybersecurity functions; and
       (ii) each open position within the Department that have 
     been identified as having cybersecurity functions.
       (3) Progress report.--Not later than 1 year after the date 
     of the enactment of this Act, the Director shall submit a 
     progress report on the implementation of this subsection to 
     the appropriate congressional committees.
       (d) Identification of Cybersecurity Specialty Areas of 
     Critical Need.--
       (1) In general.--Beginning not later than 1 year after the 
     date on which the employment codes are assigned to employees 
     pursuant to subsection (c)(2)(B), and annually through 2021, 
     the Secretary, in consultation with the Director, shall--
       (A) identify Cybersecurity Work Categories and Specialty 
     Areas of critical need in the Department's cybersecurity 
     workforce; and
       (B) submit a report to the Director that--
       (i) describes the Cybersecurity Work Categories and 
     Specialty Areas identified under subparagraph (A); and
       (ii) substantiates the critical need designations.
       (2) Guidance.--The Director shall provide the Secretary 
     with timely guidance for identifying Cybersecurity Work 
     Categories and Specialty Areas of critical need, including--
       (A) current Cybersecurity Work Categories and Specialty 
     Areas with acute skill shortages; and
       (B) Cybersecurity Work Categories and Specialty Areas with 
     emerging skill shortages.
       (3) Cybersecurity critical needs report.--Not later than 18 
     months after the date of the enactment of this Act, the 
     Secretary, in consultation with the Director, shall--
       (A) identify Specialty Areas of critical need for 
     cybersecurity workforce across the Department; and
       (B) submit a progress report on the implementation of this 
     subsection to the appropriate congressional committees.
       (e) Government Accountability Office Status Reports.--The 
     Comptroller General of the United States shall--
       (1) analyze and monitor the implementation of subsections 
     (c) and (d); and
       (2) not later than 3 years after the date of the enactment 
     of this Act, submit a report to the appropriate congressional 
     committees that describes the status of such implementation.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Chaffetz) and the gentlewoman from the District of Columbia 
(Ms. Norton) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous materials on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we love the Border Patrol and the men and women who 
serve on the Border Patrol. We cannot thank them enough for the hard 
and tough duties that they provide. It is difficult. It is hard.
  I have been out there in Arizona as they do this out on ATVs, chasing 
drug runners. It is amazing what they do and how they do it. We love 
them, and the bill before us, Mr. Speaker, is a good bill to help them 
and their families, provide a better service to them and their 
families, but actually save some money for the Federal Government. This 
is truly a bill, Mr. Speaker, that is a win-win situation. I am honored 
to have that bill before us today, and I urge my colleagues to support 
it.
  The Border Patrol Agent Pay Reform Act of 2014 would replace Border 
Patrol's current pay system and create a consistent and reliable pay 
system, enhance border security, and save taxpayers literally hundreds 
of millions of dollars.
  Established in 1924, today's Border Patrol relies on roughly 21,000 
agents to secure some 6,000 miles of international borders between 
Mexico and Canada and 2,000 miles of coastal waters surrounding Florida 
and Puerto Rico.
  Properly paying Border Patrol agents and responsibly managing a 
payroll system are critical to the mission of the United States Customs 
and Border Patrol, often referred to as CBP.
  Thirteen months ago, November 20, 2013, the Subcommittee on National 
Security held a hearing to examine the Border Patrol's compensation 
policies. The hearing focused on a report by the Office of Special 
Counsel documenting abuse of a type of overtime within the Border 
Patrol.
  The OSC testified to longstanding abuse of overtime within the Border 
Patrol, including by headquarters employees who regularly extended 
their day by roughly 2 hours and padding their paychecks by an 
additional 25 percent.
  Administratively uncontrollable overtime, AUO, was established more 
than 40 years ago to pay employees for ``irregular, unscheduled, but 
necessary overtime.'' The Department of Homeland Security is one of the 
largest users of AUO within the Federal Government, with Border Patrol 
accounting for more than 75 percent of the paid AUO.
  Border Patrol agents receive between 10 and 25 percent of their basic 
pay through AUO, depending on the average number of irregular overtime 
performed per week. Generally, agents themselves are responsible for 
recognizing without supervision the circumstances which require them to 
remain on duty beyond regular hours.
  They are down on the border; they are pursuing somebody who is coming 
across illegally. You can't just say, ``Well, time to go home.'' 
Oftentimes, they work for hours and hours in continued pursuit of these 
people that had come across illegally.
  Under AUO, most agents earn up to 25 percent of their base salary for 
time worked in excess of 80 hours in a pay period. Agents may earn 
additional overtime compensation that is generally paid at 50 percent 
above the regular rate. Total overtime costs for Border Patrol agents, 
including pay and benefits, was $627 million in 2013 while total 
compensation costs for those agents was $3.1 billion in that same year.
  During the hearing, it became clear that AUO is ill-suited to be meet 
the needs of today's Border Patrol. In response, I joined with Senators 
Tester and McCain in introducing legislation to provide Border Patrol a 
cost-effective and flexible overtime system called the Border Patrol 
Agent Pay Reform Act. DHS pledged to work with the committee to find a 
solution at an affordable cost, and that is why we are here today.
  Mr. Speaker, under current law, Border Patrol agents who work beyond 
85.5 hours to meet mission requirements are generally paid time and a 
half.

[[Page H8950]]

Under the bill, agents will annually elect one of three pay options: 
number one, work 100 hours per biweekly pay period and increase their 
base salary by 25 percent; work 90 hours and receive a 12.5 percent 
base salary increase; or work no overtime at all.
  Unscheduled overtime will be treated as comp time with no monetary 
compensation. The bill eliminates Fair Labor Standards Act overtime 
which results in significant savings to the taxpayer.
  The Border Patrol Agent Pay Reform Act generally requires 90 percent 
of Border Patrol agents to work 100 hours each per pay period while CBP 
expects that most remaining agents would work 90 hours per pay period. 
This staffing floor will allow supervisors to more effectively plan 
border security operations.
  To help ensure accountability, the bill requires the Border Patrol to 
undertake a detailed assessment of its operational requirements and 
staffing needs at every Border Patrol station within 1 year of 
enactment and submit it to Congress for review.

                              {time}  1230

  The GAO will examine CBP's methodology and analysis and within 90 
days submit a report to Congress indicating whether GAO concurs with 
CBP's assessments. Border Patrol has flexibility in the staffing floor 
based on the results of that assessment.
  The bill grants CBP management authority to unilaterally assign 
agents to work additional hours if the security situation along the 
border necessitates it. The bill reflects months of negotiation and 
congressional review and is supported by the National Border Patrol 
Council.
  I personally cannot thank the National Border Patrol Council enough 
for their good work, tenacity on this issue, and their deep desire to 
make the agents' lives better. They represent some 17,000 agents. CBO 
estimated that implementing the Senate bill, S. 1691, would save 
roughly $100 million per year. Costs would decline under Senate bill S. 
1691 mostly because Border Patrol agents would no longer receive 
compensation required under the FLSA.
  This is an important bill, Mr. Speaker. There is a lot of good, 
bipartisan support. If I am not mistaken, it passed unanimously in the 
Senate. We have held hearings in the Oversight and Government Reform 
Committee. I want to personally thank Chairman Issa for his good work. 
I also want to thank Leader McCarthy and Speaker Boehner for allowing 
this bill to come to the floor. Homeland Security Chairman McCaul and 
Congresswoman Miller have been pivotal on this. Members from both sides 
of the aisle, like Dave Reichert, Mr. O'Rourke, and Ron Barber have 
worked hard on this issue and care about this as well. I, again, 
appreciate their bipartisan support. And bicameral support, there has 
been good work from Senator Tester and Senator McCain, who cares deeply 
about Border Patrol issues, and certainly Senator Carper for making 
this a reality. It is an honor to have this bill before us today.
  I reserve the balance of my time.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank my good friend, Mr. Chaffetz, for not only 
coming forward to manage this bill, but I thank him because he is the 
sponsor of a bipartisan bill very similar to the bill before us today, 
H.R. 3463; and I rise in strong support of S. 1691, the Border Patrol 
Agent Pay Reform Act of 2014, a bipartisan bill sponsored by Senators 
Tester and McCain.
  S. 1691 would enhance the Custom and Border Protection's ability to 
secure and patrol more than 6,000 miles of our Nation's borders between 
Mexico and Canada, and 2,000 miles of our coastal waters surrounding 
Florida and Puerto Rico. It would also respond to the growing threat of 
cyber attacks. This legislation, which is supported by the 
administration and the Border Patrol Council, would also save the 
American taxpayers about $100 million annually, according to the 
Congressional Budget Office.
  The bill would dramatically simplify the current pay system for our 
country's more than 21,000 courageous Border Patrol agents by 
eliminating compensation for overtime through what is called 
administratively uncontrollable overtime. Under a newly created pay 
system, Border Patrol agents would have three work schedule and 
compensation options. They could choose to, one, work 100 hours for 
each pay period and receive an increase in base salary by 25 percent; 
two, work 90 hours each pay period and receive an increase in base 
salary by 12.5 percent; or three, work 80 hours per pay period with no 
overtime. All unscheduled overtime worked beyond these hours would be 
treated as compensatory time off, with an annual maximum of 240 hours.
  The legislation would also set a minimum staffing requirement 
requiring that at least 90 percent of Border Patrol agents in any given 
location work 100 hours every pay period to ensure that Customs and 
Border Protection has the man-hours it needs to respond to threats and 
to secure the border.
  Under this new system, Border Patrol agents would work millions of 
hours longer than they do today, which equates to adding 1,500 agents 
to patrol the Nation's borders.
  S. 1691 would require Customs and Border Protection to submit to 
Congress a staffing plan detailing the agency's operational and 
staffing requirements to ensure hours worked matched the agency's 
needs. The Government Accountability Office would also be required to 
review the plan as an independent check.
  This bill would also address concerns regarding past abuses by 
prohibiting agents at headquarters and training academies and fitness 
instructors from working more than 80 hours per pay period unless the 
staffing plan shows a need for these employees to work additional 
hours.
  The legislation would also provide Customs and Border Protection with 
flexibility to lower the staffing floor set by the bill if the staffing 
plan shows that the agency can meet its operational requirements in a 
given location with fewer man-hours.
  S. 1691 would also require Customs and Border Protection, in 
consultation with the Office of Personnel Management, to develop a plan 
to prevent Border Patrol agents from artificially boosting their 
retirement annuities by selecting a higher rate of pay than they had 
historically within 3 years of being eligible to retire. The Government 
Accountability Office would be required to review this plan and to 
report to Congress on its effectiveness.
  An amendment introduced by Senator Carper also would add provisions 
allowing the Department of Homeland Security to recruit and retain 
cyber professionals by granting authority to hire qualified experts on 
an expedited basis and to pay them competitive salaries, wages, and 
incentives. The legislation also would require the Department to report 
annually on the program's progress.
  S. 1691 would provide much-needed reform to the compensation of 
Border Patrol agents and ensure that the Department of Homeland 
Security has the personnel it needs to deal with increasing cyber 
attacks.
  I urge my colleagues on both sides of the aisle to join me in 
supporting this bipartisan legislation.
  I reserve the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume, 
and I want to continue to thank some other Members for making this 
possible.
  Yvette Clarke has been very helpful. She worked diligently on H.R. 
3107, which passed 395-8. It has been included in the Senate version, 
and I am glad to have her involvement in this.
  I also want to thank Blake Farenthold for his good work on this. 
Coming from Texas, he cares deeply about these issues and was very 
helpful in supporting it.
  I reserve the balance of my time.
  Ms. NORTON. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentleman from Texas (Mr. O'Rourke), an original cosponsor of H.R. 
3463, the House companion version of S. 1691.
  Mr. O'ROURKE. Mr. Speaker, I thank Congresswoman Norton for her work 
in managing this bill on the floor today and for yielding me this time 
to speak in support of it. And I especially want to thank my colleague 
Mr. Chaffetz from the State of Utah for his work on the House version 
of this bill.
  On behalf of my community in El Paso, Texas, and especially on behalf 
of the Border Patrol agents, more than 2,500 in my community, I want to 
give

[[Page H8951]]

you our thanks from the largest city on the U.S.-Mexico border.
  I support this bill because I do represent more than 2,500 agents in 
El Paso. In addition, for the more than 21,000 agents on our northern 
and southern borders, this is an important bill that provides a 
consistent and reliable pay system that addresses problems in 
administratively uncontrollable overtime and provides more predictable 
work schedules for our Border Patrol agents.
  We ask these brave men and women to put their lives on the line to do 
what I think is the toughest job in Federal employment, but so far we 
have failed to provide financial certainty both to those agents and to 
their families.
  I want to remind my colleagues that El Paso, Texas, the community I 
have the honor of representing, which is conjoined with Ciudad Juarez 
to form the largest truly binational community in the world, is the 
safest city in the State of Texas today. It is the safest city in the 
United States, and that is not an anomaly. It has been the safest city 
in America 4 years running, and we have, in large part, to thank the 
Border Patrol agents who help to secure our border for that. Not only 
do they keep our communities and our country secure, they do it in a 
very professional way. In 2013, there were exactly zero complaints 
filed against the Border Patrol in the El Paso sector. So I want to 
thank them for the great job that they do.
  This bill creates a reliable pay system that responsibly secures our 
border. Supporting our agents, which this bill does, is the key to 
keeping our border communities and our country safe.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank Mr. O'Rourke for his passion on this issue. He is a 
fine gentleman to work with on these types of issues and others. I am 
happy to serve with him on both Homeland Security and in this body. I 
thank him for his good work.
  There has been good bipartisan work on both sides of the aisle and in 
both bodies to get to this point today.
  I also thank Eleanor Holmes Norton for her personal commitment to 
these issues, and Federal workers in general.
  This truly is a win-win situation. We make life better for Border 
Patrol agents and their families. We give more certainty to them and 
their families to help them with their mortgages. We also happen to 
save money for the American taxpayer. I appreciate the creativity and 
good work to get to this point.
  I reserve the balance of my time.
  Ms. NORTON. Mr. Speaker, I am pleased to yield 3 minutes to the 
gentlewoman from New York (Ms. Clarke), the ranking member of the 
Cybersecurity Subcommittee of the Committee on Homeland Security.
  Ms. CLARKE of New York. Mr. Speaker, I want to thank the 
distinguished ranking member from the District of Columbia, Ms. Holmes 
Norton, for yielding me this time, and I want to thank the gentleman 
from Utah (Mr. Chaffetz) for his leadership on these very important 
matters of homeland security.
  I rise today in support of S. 1691, and I am pleased that today we 
are considering legislation containing language I introduced earlier 
this year to address fundamental cyber workforce challenges at the 
Department of Homeland Security. Important parts of my bipartisan bill, 
H.R. 3107, the Homeland Security Cybersecurity Boots-on-the-Ground Act, 
are included in the measure we are considering today.
  The cyber workforce language included in S. 1691 generally does two 
important things. First, it grants special hiring authority to DHS to 
bring on board topnotch cyber recruits. The Department desperately 
needs a more flexible hiring process with incentives to secure talent 
in today's highly competitive cyber skills market. Second, it requires 
the Secretary of the Department to assess its cyber workforce to give 
Congress and the Office of Personnel Management a clearer picture of 
the needs and challenges that DHS faces in carrying out its important 
cyber mission in helping protect both the dot-gov and dot-com arenas.
  Importantly, the bill also directs the Comptroller General to 
analyze, monitor, and report on the implementation of DHS cybersecurity 
workforce measures.
  Today, many of the Department's top cyber positions are filled by 
nonpermanent contractors, and DHS reports having difficulty competing 
with other executive branch agencies and the private sector for talent. 
In an effort to address DHS's cyber workforce challenges, the 
Department asked the Homeland Security Advisory Committee to assemble a 
task force on cyber skills to provide recommendations on the best ways 
DHS can foster the development of a national cybersecurity workforce 
and DHS can improve its capability to recruit and retain cybersecurity 
talent.
  The legislation I introduced sought to address a number of the task 
force's key recommendations, as does this bill, S. 1691. Cybersecurity 
is a complex mission for the Department and requires a wide range of 
talent at all levels. Given the urgent nature of the DHS' recruitment 
efforts, it is essential the Department have at its disposal certain 
hiring authorities and training procedures in place.
  Before I close, I would like to acknowledge that there is a lot of 
interest on our side of the aisle to make progress on cybersecurity. 
Hopefully, in the coming days, old jurisdictional squabbles can be laid 
aside for the betterment of the country, as was done on this bill, and 
again, the Oversight Committee can work with the Homeland Security 
Committee to bring forth critical cybersecurity legislation. We need to 
put in place legislation to advance the ball with respect to protecting 
Federal civilian networks and codifying DHS' role.

                              {time}  1245

  Mr. CHAFFETZ. Mr. Speaker, I reserve the balance of my time.
  Ms. NORTON. Mr. Speaker, I yield myself as much time as I may 
consume.
  I want to say how much I appreciate the views of the two Members who 
have spoken, the bipartisan way in which this bill has been handled in 
the House and in the Senate, and look forward to more bipartisanship to 
come, Mr. Chaffetz.
  I yield back the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  In conclusion, I thank the gentlewoman from Washington, D.C. I look 
forward to working with her on a host of issues as we serve on the same 
committee. I can only hope that as many of them can be as bipartisan as 
possible. We both have a tenacious nature to fight to represent the 
constituencies which we represent, and do so in the spirit of making 
this country better.
  Really, that is the reason that this bill has come here today with 
good, broad bipartisan support. I cannot thank enough Brandon Judd from 
the National Border Patrol Council. He heads that group. He has been 
absolutely wonderful on this issue, good leadership from him.
  It is my honor to recommend to my colleagues and urge all Members to 
support the passage of S. 1691.
  With that, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Chaffetz) that the House suspend the rules and 
pass the bill, S. 1691.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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