[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.
____________________