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AMENDMENT NO. Calendar No.
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Purpose: rr o improve the bill.
IN THE SENATE OF THE UNITED STATES-113th Cong., 2d Sess.
S.1691
To amend title 5
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United States Code, to improve the security
of the United States border and to provi de for reforms
and rates of pay for border patrol agents.
Referred to the Committee on ancl
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ordered to be printed
Ordered to lie on t he 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 t he 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:
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1 "SEC. 226. CYBERSECURITY RECRUITMENT AND RETEN-
2 TION.
3 "(a) 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 cr cncc eligible' has the meaning given that term in
20 section 2108 of title 5, U nitcd States Code.
21 "(5) QuAJ,JFIED term 'quali-
22 fi ed 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 t he De-
26 partrnent relating to cybersecurity.
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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 eligibl es
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 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) 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 indi-
viduals described by section 5342(a)(2)(A) of
that title.
"(3) ADDITIONAL COMPENSATION, INCENTIVES,
AND ALI,OWANCES.-
"(A) ADDI'PIONAIJ COMPENSA'I'ION BASED
ON TITLE !'5 AUTIIORI1'IES.- Thc Secretary may
provide employees in qualified positions com-
pensation (in addition to basic pay), including
benefits, incentives, and aJlowa.nces, consistent
with, and not in excess of the level authorized
for, comparable positions authorized by title 5,
United States Code.
"(13) \T N, C-
.L.u,LOWAi CEd IN
AREAS.-An employee in a qualified position
whose rat e 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.
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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, t he Secretary shall submi t 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 t he continued effectiveness of a collective bar-
10 gaining agreement with respect to an office, compo-
11 nent, subcomponent, or equivalent of t he Depart-
12 ment t hat is a successor to an office, component,
13 subcomponent, or equivalent of the Department cov-
14 cred by the agreement before the succession.
15 "( 6) REQUIRED H.EGULATION8.-'fhe Secretary,
16 in coordination with the Director of the Office of
17. Personnel Management, shall prescribe regulations
18 for the administration of t hi s section.
19 "(c) Ai'JNUAL REPORT.-Not later than 1 year after
20 the date of enactment of this section, and every year thcrc-
21 after for 4 years, the Secretary shall submit to the appro-
22 priatc committees of Congress a detailed report that-
23 " ( 1) discusses the process used by t he Sec-
24 rctary in accepting applications, assessing can-
25 didatcs, ensuring adherence to veterans' preference,
ITEN14695
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1 and selecting applicants for vacancies to he fi ll ed by
2 an individual for a qualificc1 position;
3 "(2) describes-
4 "(A) how the Secretary plans to fulfil] the
5 critical need of the Department to recruit and
6 retain employees in qualified positions;
7 "(B) the measures that will be used to
8 measure progress; and
9 "(C) any actions taken during the report-
! 0 ing period to fulfill such critical need;
11 "(3) discusses how the planning and actions
12 t aken under paragraph (2) are integrated into t he
13 strategic vvorkforce planning of t he Department;
14 "( 4) provides metrics on actions occurring dur-
15 ing the reporting period, including-
16 "(A) the number of employees in qualified
17 positions hired by occupation and gTade and
18 level or pay band;
19 "(B) the placement of employees in quali-
20 fied positions by directorate and office within
21 the Department;
22 "(C) the total number of veterans hired;
23 "(D) the number of separations of cmploy-
24 ees in qualified positions by occupation and
25 grade and level or pay band;
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1 "(E) the number of retirements of cmploy-
2 ees in qualified positions by occupation and
3 grade and level or pay band; and
4 ''(F) the number and amounts of recruit-
s mcnt, relocation, an<l retention incentives paid
6 to employees in qualified by occupa-
7 tion and gTade and level or pay band; and
8 "(5) describes the training provided to supcr-
9 visors of employees in qualified positions at the De-
l 0 partment on the use of the new authorities.
11 "(d) THHEE-YEAH Pn,OBATIONARY PEmon.-The
12 probationary period for all employees hired under the au-
13 thority established in this section shall be 3 years.
14 "(e) INCUMBENTS OF EXISTING COMPETITIVE SERV-
IS TCE P08ITION8.-
16 ' '(1) IN GEJ\ERAL.-An individual serving in a
17 position on the date of enactment of this section
18 tha.t is selected to he converted to a position in the
19 excepted service under this section shall have the
20 right to refuse such conversion.
21 "(2) SUBSEQUENT COi'l'VEHSION.-Aftcr the
22 date on which an individual who refuses a conversion
23 under paragraph ( 1) stops serving in the position se-
24 lected to be converted, the position may he converted
2S to a position in the excepted service.
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1 "(f) STUDY AN.D later than 120 days
2 after the date of enactment of t his section, the National
3 Protection and Programs Directorate shall submit a re-
4 port reg-arding the availability of, and benefits (including
5 cost Ravings and security) of using, cybersecurity pcr-
6 sonnel and facilities outside of the National Capital lk-
7 gion (as defined in section 267 4 of title 10, United States
8 Co<le) to serve the Federal and national need to-
9 "( l ) the Subcommittee 0 11 Homeland Security
10 of the Committee on Appropriations and the Com-
11 mittcc on Homeland Secnrit.y ancl Governmental Af-
12 fairs of the Senate; and
13 "(2) the Subcommittee on Homeland Security
14 of the Committee on Appropriations and the Com-
15 mittee on Homeland Security of the House of Rep-
16 resentativcs. ".
17 (b) CONFORMING AM:ENDMENT.-Scction 3132(a)(2)
18 of title 5, United Stat es Code, is amended in the matter
19 follo-wing subparagraph (E)-
20 (1) m clause (i), hy striking "or" at the end;
21 (2) m clause (i i), b,v inscl'ting "or" after the
22 semicolon; and
23 (3) by inserting after clause (ii) the folluwing:
24 "(iii) any position established as a qualified po-
25 sition in the excepted service by the Secretary of'
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1 Homeland Security under section 226 of the Home-
2 land Security Act of 2002;".
3 (c) TABLE OF CONTENTS AMENDMENT.-The table
4 of contents in section l(b) of the Homeland Security Act
5 of 2002 (6 U.S.C. 101 ct seq.) is amended by inserting
6 aft.er the item relating to section 225 the follmving:
"Se<!. 2:Mi. l'C<!rt1itment and retention.".
7 SEC. 4. HOMELAND SECURITY CYBERSECURITY WORK
8 FORCE ASSESSMENT.
9 (a) SHORT TITL,E.-'l'his section may be cited as the
10 "Homeland Security Cybersecurity Workforce Assessment
11 Act".
12 (b) DEFINITIONS.-ln this section:
13 (1) APPROPRIATE CONGH.ESSIONAIJ COMMIT-
14 'T'EES.-The term "appropriate eongrcssional com-
15 mittees" means-
16 (A) the Committee on Homeland Security
17 and Governmental Affairs of the Senate;
18 (B) the Committee on Homeland Security
19 of the House of Representatives; and
20 (C) the Committee on House Administra-
21 tion of the House of Representatives.
22 (2) GYBERSECURITY 'WORK CATEGORY; DATA
23 EIJEMENT CODE; SPECIALTY AREA.-'l'he terms "Cy-
24 bcrsccurity Work Category", "Data Element Code",
25 and "Specialty Area" have the meanings given such
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1 terms in the Office of Personnel Management's
2 Guide to Data Standards.
3 (3) DEPARTMENT.-The term " Department"
4 means the Department of Homeland Security.
5 ( 4) DIRECTOR- The term "Di rector" means
6 the Director of the Office of Management.
7 (5) SECRETARY.-Thc term "Secretary" means
8 the Secretary of Homeland Security.
9 (c) NATIONAL CYBERSECURITY VVOH,KFORCE MEAS-
10 UREMENT l NTTIATIVE.-
11 ( 1) IN GE :EIW1.-The Secn'tary shall-
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(i\ ) ident ify all cybersccurity workforce po-
sitions wi thin the Department;
(B) determine the primary Cybersccurity
vVork Category and Specialty Arca of such posi-
tions; and
(C) assign the corresponding Data Ele-
ment Code, as set forth in t he Office of Per-
sonnel Management's Guide to Data Standards
\vhich is aligned with the National Initiative for
Cybersecurity Education's National Cybcrsecu-
rity Workforce Framework report, in accord-
ance with paragraph (2).
(2) E MPL OYMENT CODES.-
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1 (A) PROCEDUHE8.-Not later than 90
2 days after the date of the enactment of this
3 Act, the Secretary shall establish procedures-
4 (i) to identify open positions that in-
5 elude cybcrsecnrity functions (a8 defined in
6 the OPM Guide to Data Standards); and
7 (ii) to assign the appropriate cmploy-
8 ment code to each such position, using
9 ~ r r e d standards and definitions.
10 (B) Corm ASSIGNMENTS.-Not later than
11 9 months after the date of the enactment of
12 this Act, the Secretary shall assign the appro-
13 priate employment code to-
14 (i) each employee within the Depart-
15 ment who carries out cybersecurity func-
16 tions; and
17 (ii) each open position within the Dc-
18 partment that have been identifi ed as hav-
19 ing cybersecurity functions.
20 (3) PROGRESS REPORT.-Not later than 1 year
21 after the date of the enactment of this Act, the Di-
22 rector shall submit a progress report on the imple-
23 mentation of this subsection to the appropriate con-
24 gressional committees.
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1 ( d) IDENTIFICATION OF CYB EH.SECURITY SPECIAIJTY
2 AREAS OF CRITICAL NEED.-
3 (1) IN GENERAh -Beginning not later than 1
4 year after the date on which the employment codes
5 arc assigned to employees pursuant to subsection
6 (c)(2)(B), and annually through 2021, the e c ~
7 rctary, in consultation with the Director, shall-
8 (A) identify Cybcrsecurity Work Categories
9 and Specialty Areas of critieal need in the Dc-
10 partmcnt's cybcrsccurity \vorkforcc; and
11 (B) submit a report to the Director that-
12 (i) describes t he Cybersccurity Work
13 Categories and Specialty .Areas identified
14 under subparagraph (A); and
15 (ii) substantiates the critical need des-
16 ignations.
17 (2) GUJDANCE.-The Director shall provide the
18 Secretary with timely guidance for identifying Cy-
19 bcr security Work Categories and Specialty Areas of
20 critical need, including-
21 (A) current Cybersccurity \\Tork Categories
22 and Specialty Areas wit h acute 8kill shortage8;
23 and
24 (B) Cybcrsecurity vVork Categories and
25 Specialty Areas with emerging skill shortages.
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1 (3) CYBERSECURITY CRITICAL NEgns RE-
2 PORT.-Not later than 18 months after the date of
3 the enactment of this Act, the Secretary, in con-
4 sultation wit h the Direct or , shall-
5 (A) identify Specialty Areas of critical need
6 for cybersecurity workforce ac1oss the Dcpart-
7 ment; and
8 (B) submit a progress report on the imple-
9 mentation of this subsection to the appropriate
10 congTessional committees.
11 (e) GoVEH.NMENT ACCOUNTABITJ!'rY OFFICE S'PATUS
12 REPORTS.-The Comptroller General of t he United States
13 shall-
14 ( 1) analyze and monitor t he implementation of
subsections (c) and (d); and 15
16 (2) not later than 3 yC'ars a.ft.er the elate of the
17 enactment of this Act, submit a report t o t he appro-
18 priate congressional committees that describes t he
19 status of such implementation.