IIEl\14G!)iJ AMENDME NT NO. Calendar No. - --- -- - Purpose: rr o improve the bill. IN THE SENATE OF THE UNITED STATES-113th Cong., 2d Sess. S.1691 To am end title 5 1 Un ited States Code, to improve the security of the United State s border and to provi de fo r reforms and rates of pay for border patrol agents . R eferred to the Committee on ancl - -- --- -- -- ordered to be printed Ord ered to lie on the table and to be printed AlV fE NDMENTS intended to be proposed by _ ___ __ _ Viz: 1 On page 25, line 16, strike "agency" and insert 2 " a.gent.". 3 On page 28 , line 2, strike "agency" and inse rt 4 "agen t". 5 At the end, add the foll°':ving: 6 SEC. 3. CYBERSECURITY RECRUITMENT AND RETENTION. 7 (a) IN GENER.Ah - At the end of subtitle C of title 8 II of the Home land Security Act of 2 002 (6 U.S.C. 141 9 ct seq. ), add the following:
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IIEl\14G!)iJ
AMENDMENT NO. Calendar No. - --- ---
Purpose: rr o improve the bill.
IN THE SENATE OF THE UNITED STATES-113th Cong., 2d Sess.
S.1691
To amend title 51 United States Code, to improve the security of the United States border and to provide for reforms and rates of pay for border patrol agents.
Referred to the Committee on ancl - --- - - --- -ordered to be printed
Ordered to lie on the table and to be printed
AlVfENDMENTS intended to be proposed by _ ___ __ _
Viz:
1 On page 25, line 16, strike "agency" and insert
2 " a.gent.".
3 On page 28, line 2, strike "agency" and insert
4 "agent".
5 At the end, add the foll°':ving:
6 SEC. 3. CYBERSECURITY RECRUITMENT AND RETENTION.
7 (a) IN GENER.Ah- At the end of subtitle C of title
8 II of the Homeland Security Act of 2002 (6 U.S.C. 141
9 ct seq.), add the following:
IIE N141iH5 S.I,.C.
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1 "SEC. 226. CYBERSECURITY RECRUITMENT AND RETEN-
2 TION.
3 "(a) DEFil\'1TIO~S.-ln this section:
4 "( l ) APPROPRIATE COMMITTEES OF CON-
5 GRESS.-The term 'appropriate committees of Con-
6 wess' means the Committee on Homeland Security
7 and Governmental Affairs and the Committee on
8 Appropriations of the Senate and the Committee on
9 Homeland Security anrl the Committee on Appro-
10 priations of the House of Representatives.
11 "(2) COLIJECTIVE BARGAINING AGREEMENT.-
12 The. term 'collective bargaining agreement' has the
13 meaning given that term in section 7103(a)(8) of
14 title 5, United States Code.
15 "(3) EXCEPTED SERVICE.- The term 'excepted
16 service' has the meaning given that term in section
17 2103 of title 5, United States Code.
18 " ( 4) PREFERENCE EIJIUJBJ;E.-'I,hc term 'pref-
19 crcncc eligible' has the meaning given that term in
20 section 2108 of title 5, U nitcd States Code.
21 "(5) QuAJ,JFIED POSITIO~.-The term 'quali-
22 fied position' means a position, designated by the
23 Secretary for the purpose of this section, in which
24 the incumbent performs, manages, or supervises
25 functions that execute the responsibilities of the De-
26 partrnent relating to cybersecurity.
IIF:Nl4H!J!> S.hC.
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"(6) SENIOR E}..'ECUTIVE 8El{VWE.- Thc term
2 'Senior Executive Service' has the meaning given
3 that term in section 2101a of titlr 5, United States
4 Code.
5 "(b ) GENEHAJ, i\.t;TIIOHITY.-
6 " (l) E STABLISH POSITIONS, .APPOINT PEH.-
7 SONNEL, AND FIX RATES OF PAY.-
8 "(A) GE"NER.AI, AUTIIORITY.- The Sec-
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retary may-
"(i) establish, as positions in the ex
cepted service, such qualifiecl poi.;it ions in
the Department as the Secretary deter
mines necessary to carry out the respon
sibilities of the Dcpartmc11 t relating to cy
bcrsecurity, inclucting positions formerly
identified as-
" (I) senior level positions des
ignated under section 5376 of title 5,
United States Code; and
"(II) positions in the Senior Ex
ecutive Service;
"(ii) appoint an individual to a quali
fied position (after taking into consider
ation the availability of preference eligibles
for appointment to the position); and
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"(iii) subject to the requirements of
paragraphs (2) and (3), fix the compensa
tion of an individual for service in a quali
fied position.
"(B) CON8TRUC'I'TON VlITII OT TIER
JJAWR.-'rhe authority of the Secretary under
this subsection applies without regard to the
provisions of any other law relating to the ap
pointment, number, classification, or compensa
tion of employees.
"(2) BASIC P.AY.-
"(A) AU'I'IIORITY TO FIX RATES OF BASIC
PAY.- In accordance with this section, the Sec
retary shall fix the rates of basic pa~' for any
qualified position established under paragTaph
( 1) in relation to the rates of pay provided for
employees in comparable positions in the De
partment of Defense and snbjcct to the same
limitations on ma.'<lmum l'ates of pay estab
lished for such employees by law or regulation.
"(B) PREVAIIjI~O HATE SYSTEl\IS.-Thc
Secretary may, consistent with section 5341 of
title 5, United States Code, adopt such provi
sions of that title as provide for prevailing rate
systems of basic pay and may apply those pro-
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visions to qualified positions for employees in or
under which the Department ma~r ernplo~' indi
viduals described by section 5342(a)(2)(A) of
that title.
"(3) ADDITIONAL COMPENSATION, INCENTIVES,
AND ALI,OWANCES.-
"(A) ADDI'PIONAIJ COMPENSA'I'ION BASED
ON TITLE !'5 AUTIIORI1'IES.- Thc Secretary may
provide employees in qualified positions com
pensation (in addition to basic pay), including
benefits, incentives, and aJlo·wa.nces, consistent
with, and not in excess of the level authorized
for, comparable positions authorized by title 5,
United States Code.
"(13) \T N, C-• .L.u,LOWAi CEd IN NONFOIU~IGN
AREAS.-An employee in a qualified position
whose rate of basic pay is fixed under para
graph (2)(A) shall be eligible for an allowance
under section 5941 of title 5, United States
Code, on the same basis and to the same extent
as if the employee was an employee covered by
such section 5941, including eligibility condi
tions, allowance rates, and all other terms and
conditions in law or regulation.
IIE1':14G% S.L.C.
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1 "( 4) PLAN FOR EA.'"EGGTTON OF .ACTIIOIU-
2 TTES.-Not later than 120 days after the date of en-
3 a.ctment of this section, the Secretary shall submit a.
4 report to the appropriate committees of Congress
5 v.rith a plan for the use of the authorities provided
6 under this subsection.
7 "(5) Cou,ECTIVE BAIWAINTNU AOH.EE:\'fENTS.-
8 Nothing in paragraph (1) may be construed to im-
9 pair the continued effectiveness of a collective bar-
10 gaining agreement with respect to an office, compo-
11 nent, subcomponent, or equivalent of the Depart-
12 ment that is a successor to an office, component,
13 subcomponent, or equivalent of the Department cov-
14 cred by the agreement before the succession.
15 "( 6) REQUIRED H.EGULATION8.-'fhe Secretary,
16 in coordination with the Director of the Office of