,,ic  #aacth ,,congress  #b;d ,session  
,s4 #afia  ,,in ,,the ,,house ,,of      
,,representatives  ,september #ai1 #bjad
 ,referred to the ,committee on         
,oversight and ,government ,reform1 and 
in addition to the ,committee on        
,homeland ,security1 for a period to be 
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,,an ,,act  ,to amend title #e1 ,united 
,states ,code1 to improve the security  
of the ,united ,states border and to    
provide for reforms and rates of pay for
 border patrol agents4  #a4 ,short title
 ,this ,act may be cited as the ,border 
,patrol ,agent ,pay ,reform ,act of     
#bjad4  #b4 ,border patrol rate of pay  
7a7 ,purpose ,the purposes of this ,act 
are--  7#a7 to strengthen ,u4,s4        
,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 #dj-;hour workweek based on 
the needs of ,u4,s4 ,customs and ,border
 ,protection2 and  7#b7 to ensure ,u4,s4
 ,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 need4  7b7 ,rates of pay 
,subchapter ,v of chapter #ee of title  
#e1 ,united ,states ,code1 is amended by
 inserting after section #eedi the      
following3  #eeej4 ,border patrol rate  
of pay  7a7 ,definitions ,in this       
section--  7#a7 the term basic border   
patrol rate of pay means the hourly rate
 of basic pay of the applicable border  
patrol1 as determined without regard to 
this section2  7#b7 the term border     
patrol agent means an individual who is 
appointed to a position assigned to the 
,border ,patrol ,enforcement            
classification series #ahif or any      
successor series1 consistent with       
classification standards established by 

the ,office of ,personnel ,management2  
7#c7 the term level #a border patrol    
rate of pay means the hourly rate of pay
 equal to #a4be times the otherwise     
applicable hourly rate of basic pay of  
the applicable border patrol agent2     
7#d7 the term level #b border patrol    
rate of pay means the hourly rate of pay
 equal to #a4abe times the otherwise    
applicable hourly rate of basic pay of  
the applicable border patrol agent2 and 
7#e7 the term work period means a       
#ad-;day biweekly pay period4  7b7      
,receipt of border patrol rate of pay   
7#a7 ,voluntary election  7,a7 ,in      
general ,not later than #cj days before 
the first day of each year beginning    
after the date of enactment of this     
section1 a border patrol agent shall    
make an election whether the border     
patrol agent shall1 for that year1 be   
assigned to--  7i7 the level #a border  
patrol rate of pay2  7ii7 the level #b  
border patrol rate of pay2 or  7iii7 the
 basic border patrol rate of pay1 with  

additional overtime assigned as needed  
by ,u4,s4 ,customs and ,border          
,protection4  7,b7 ,regulations ,the    
,director of the ,office of ,personnel  
,management shall promulgate regulations
 establishing procedures for elections  
under subparagraph 7,a74  7,c7          
,information regarding election ,not    
later than #fj days before the first day
 of each year beginning after the date  
of enactment of this section1 ,u4,s4    
,customs and ,border ,protection shall  
provide each border patrol agent with   
information regarding each type of      
election available under subparagraph   
7,a7 and how to make such an election4  
7,d7 ,assignment in lieu of election    
,notwithstanding subparagraph 7,a7--    
7i7 a border patrol agent who fails to  
make a timely election under            
subparagraph 7,a7 shall be assigned to  
the level #a border patrol rate of pay2 
7ii7 a border patrol agent who is       
assigned a canine shall be assigned to  
the level #a border patrol rate of pay2 

7iii7 if at any time ,u4,s4 ,customs and
 ,border ,protection concludes that a   
border patrol agent is unable to perform
 overtime on a daily basis in accordance
 with this section1 ,u4,s4 ,customs and 
,border ,protection shall assign the    
border patrol agent to the basic border 
patrol rate of pay until such time as   
,u4,s4 ,customs and ,border ,protection 
determines that the border patrol agent 
is able to perform scheduled overtime on
 a daily basis2  7iv7 unless the        
analysis conducted under section #b7;e7 
of the ,border ,patrol ,agent ,pay      
,reform ,act of #bjad indicates that1 in
 order to more adequately fulfill the   
operational requirements of ,u4,s4      
,customs and ,border ,protection1 such  
border patrol agents should be allowed  
to elect or be assigned to the level #a 
border patrol rate of pay or the level  
#b border patrol rate of pay1 a border  
patrol agent shall be assigned to the   
basic border patrol rate of pay if the  
agent works--  7,i7 at ,u4,s4 ,customs  

and ,border ,protection headquarters2   
7,,ii7 as a training instructor at a    
,u4,s4 ,customs and ,border ,protection 
training facility2  7,,iii7 in an       
administrative position2 or  7,,iv7 as a
 fitness instructor2 and  7v7 a border  
patrol agent may be assigned to the     
level #a border patrol rate of pay or   
the level #b border patrol rate of pay  
in accordance with subparagraph 7,e74   
7,e7 ,flexibility  7i7 ,in general      
,except as provided in clauses 7ii7 and 
7iii71 and notwithstanding any other    
provision of law1 ,u4,s4 ,customs and   
,border ,protection shall take such     
action as is necessary1 including the   
unilateral assignment of border patrol  
agents to the level #a border patrol    
rate of pay or the level #b border      
patrol rate of pay1 to ensure that not  
more than #aj percent of the border     
patrol agents stationed at a location   
are assigned to the level #b border     
patrol rate of pay or the basic border  
patrol rate of pay4  7ii7 ,waiver ,u4,s4

 ,customs and ,border ,protection may   
waive the limitation under clause 7i7 on
 the percent of border patrol agents    
stationed at a location who are assigned
 to the level #b border patrol rate of  
pay or the basic border patrol rate of  
pay if1 based on the analysis conducted 
under section #b7;e7 of the ,border     
,patrol ,agent ,pay ,reform ,act of     
#bjad1 ,u4,s4 ,customs and ,border      
,protection determines it may do so and 
adequately fulfill its operational      
requirements4  7iii7 ,certain locations 
,clause 7i7 shall not apply to border   
patrol agents working at the            
headquarters of ,u4,s4 ,customs and     
,border ,protection or a training       
location of ,u4,s4 ,customs and ,border 
,protection4  7,f7 ,canine care ,for a  
border patrol agent assigned to provide 
care for a canine and assigned to the   
level #a border patrol rate of pay in   
accordance with subparagraph 7,d77ii7-- 
7i7 that rate of pay covers all such    
care2  7ii7 for the purposes of         

scheduled overtime under paragraph      
7#b77;,a77ii71 such care shall be       
counted as #a 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 
workday2 and  7iii7 no other pay shall  
be paid to the border patrol agent for  
such care4  7,g7 ,pay assignment        
continuity  7i7 ,in general ,not later  
than #a year after the date of enactment
 of the ,border ,patrol ,agent ,pay     
,reform ,act of #bjad1 and in           
consultation with the ,office of        
,personnel ,management1 ,u4,s4 ,customs 
and ,border ,protection shall develop   
and implement a plan to ensure1 to the  
greatest extent practicable1 that the   
assignment of a border patrol agent     
under this section during the #c 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 agent4  7ii7
 ,implementation ,notwithstanding any   
other provision of law1 ,u4,s4 ,customs 
and ,border ,protection may take such   
action as is necessary1 including the   
unilateral assignment of border patrol  
agents to the level #a border patrol    
rate of pay1 the level #b border patrol 
rate of pay1 or the basic border patrol 
rate of pay1 to implement the plan      
developed under this subparagraph4      
7iii7 ,reporting ,u4,s4 ,customs and    
,border ,protection shall submit the    
plan developed under clause 7i7 to the  
appropriate committees of ,congress4    
7iv7 ,,gao review ,not later than #f    
months after ,u4,s4 ,customs and ,border
 ,protection issues the plan required   
under clause 7i71 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   
annuities4  7v7 ,definition ,in this    
subparagraph1 the term appropriate      
committees of ,congress means--  7,i7   
the ,committee on ,homeland ,security   
and ,governmental ,affairs and the      
,committee on ,appropriations of the    
,senate2 and  7,,ii7 the ,committee on  
,homeland ,security1 the ,committee on  
,oversight and ,government ,reform1 and 
the ,committee on ,appropriations of the
 ,house of ,representatives4  7vi7 ,rule
 of construction ,nothing in this       
subparagraph shall be construed to limit
 the ability of ,u4,s4 ,customs and     
,border ,protection to assign border    
patrol agents to border patrol rates of 
pay as necessary to meet operational    
requirements4  7#b7 ,level #a border    
patrol rate of pay ,for a border patrol 
agent who is assigned to the level #a   
border patrol rate of pay--  7,a7 the   
border patrol agent shall have a regular
 tour of duty consisting of #e workdays 
per week with--  7i7 #h hours of regular

 time per workday1 which may be         
interrupted by an unpaid off-duty meal  
break2 and  7ii7 #b additional hours of 
scheduled overtime during each day the  
agent performs work under clause 7i72   
7,b7 for paid hours of regular time     
described in subparagraph 7,a77i71 the  
border patrol agent shall receive pay at
 the level #a border patrol rate of pay2
  7,c7 compensation for the hours of    
regularly scheduled overtime work       
described in subparagraph 7,a77ii7 is   
provided indirectly through the #be     
percent supplement within the level #a  
border patrol rate of pay1 and the      
border patrol agent may not receive for 
such hours--  7i7 any compensation in   
addition to the compensation under      
subparagraph 7,b7 under this section or 
any other provision of law2 or  7ii7 any
 compensatory time off2  7,d7 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 #ajj hours during a work period1 as  

determined in accordance with section   
#eedb7;g72  7,e7 the border patrol agent
 shall be charged corresponding amounts 
of paid leave1 compensatory time off1 or
 other paid time off for each hour 7or  
part thereof7 the agent is absent from  
work during regular time 7except that   
full days off for military leave shall  
be charged when required72  7,f7 if the 
border patrol agent is absent during    
scheduled overtime described in         
subparagraph 7,a77ii7--  7i7 the border 
patrol agent shall accrue an obligation 
to perform other overtime work for each 
hour 7or part thereof7 the border patrol
 agent is absent2 and  7ii7 any overtime
 work applied toward the obligation     
under clause 7i7 shall not be credited  
as overtime work under any other        
provision of law2 and  7,g7 for the     
purposes of advanced training1 the      
border patrol agent--  7i7 shall be paid
 at the level #a border patrol rate of  
pay for the first #fj days of advanced  
training in a calendar year2 and  7ii7  

for any advanced training in addition to
 the advanced training described in     
clause 7i71 shall be paid at the basic  
border patrol rate of pay4  7#c7 ,level 
#b border patrol rate of pay ,for a     
border patrol agent who is assigned to  
the level #b border patrol rate of pay--
  7,a7 the border patrol agent shall    
have a regular tour of duty consisting  
of #e workdays per week with--  7i7 #h  
hours of regular time per workday1 which
 may be interrupted by an unpaid        
off-duty meal break2 and  7ii7 #a       
additional hour of scheduled overtime   
during each day the agent performs work 
under clause 7i72  7,b7 for paid hours  
of regular time described in            
subparagraph 7,a77i71 the border patrol 
agent shall receive pay at the level #b 
border patrol rate of pay2  7,c7        
compensation for the hours of regularly 
scheduled overtime work described in    
subparagraph 7,a77ii7 is provided       
indirectly through the #ab4e percent    
supplement within the level #b border   

patrol rate of pay1 and the border      
patrol agent may not receive for such   
hours--  7i7 any compensation in        
addition to the compensation under      
subparagraph 7,b7 under this section or 
any other provision of law2 or  7ii7 any
 compensatory time off2  7,d7 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 #ij hours during a work period1 as   
determined in accordance with section   
#eedb7;g72  7,e7 the border patrol agent
 shall be charged corresponding amounts 
of paid leave1 compensatory time off1 or
 other paid time off for each hour 7or  
part thereof7 the agent is excused from 
work during regular time 7except that   
full days off for military leave shall  
be charged when required72  7,f7 if the 
border patrol agent is absent during    
scheduled overtime described in         
subparagraph 7,a77ii7--  7i7 the border 
patrol agent shall accrue an obligation 
to perform other overtime work for each 

hour 7or part thereof7 the border patrol
 agent is absent2 and  7ii7 any overtime
 work applied toward the obligation     
under clause 7i7 shall not be credited  
as overtime work under any other        
provision of law2 and  7,g7 for the     
purposes of advanced training1 the      
border patrol agent--  7i7 shall be paid
 at the level #b border patrol rate of  
pay for the first #fj days of advanced  
training in a calendar year2 and  7ii7  
for any advanced training in addition to
 the advanced training described in     
clause 7i71 shall be paid at the basic  
border patrol rate of pay4  7#d7 ,basic 
border patrol rate of pay ,for a border 
patrol agent who is assigned to the     
basic border patrol rate of pay--  7,a7 
the border patrol agent shall have a    
regular tour of duty consisting of #e   
workdays per week with #h hours of      
regular time per workday2 and  7,b7 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 #hj hours during a   
work period1 as determined in accordance
 with section #eedb7;g74  7c7           
,eligibility for other premium pay ,a   
border patrol agent--  7#a7 shall       
receive premium pay for nightwork in    
accordance with subsections 7a7 and 7b7 
of section #eede and ,sunday and holiday
 pay in accordance with section #eedf1  
without regard to the rate of pay to    
which the border patrol agent is        
assigned under this section1 except     
that--  7,a7 no premium pay for night1  
,sunday1 or holiday work shall be       
provided for hours of regularly         
scheduled overtime work described in    
paragraph 7#b77;,a77ii7 or 7#c77;,a77ii7
 of subsection 7b71 consistent with the 
requirements of paragraph 7#b77;,c7 or  
7#c77;,c7 of subsection 7b72 and  7,b7  
section #eedf7;d7 shall not apply and   
instead eligibility for pay for1 and the
 rate of pay for1 any overtime work on a
 ,sunday or a designated holiday shall  
be determined in accordance with this   

section and section #eedb7;g72  7#b7    
except as provided in paragraph 7#c7 or 
section #eedb7;g71 shall not be eligible
 for any other form of premium pay under
 this title2 and  7#c7 shall be eligible
 for hazardous duty pay in accordance   
with section #eede7;d74  7d7 ,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 #a border      
patrol rate of pay or the level #b      
border patrol rate of pay--  7#a7       
subject to paragraph 7#b71 shall be     
treated as part of basic pay solely     
for--  7,a7 purposes of sections        
#eeie7;c71 #haad7;e71 #hcca7c77;,i71 and
 #hgjd7;c72  7,b7 any other purpose that
 the ,director of the ,office of        
,personnel ,management may by regulation
 prescribe2 and  7,c7 any other purpose 
expressly provided for by law2 and  7#b7
 shall not be treated as part of basic  
pay for the purposes of calculating     
overtime pay1 night pay1 ,sunday pay1 or

 holiday pay under section #eedb1 #eede1
 or #eedf4  7e7 ,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 law4  7f7 ,leave without   
pay and substitution of hours  7#a7     
,regular time  7,a7 ,in general ,for a  
period of leave without pay during the  
regular time of a border patrol agent   
7as described in paragraph 7#b77;,a77i71
 7#c77;,a77i71 or 7#d77;,a7 of          
subsection 7b77 within a work period1 an
 equal period of work outside the       
regular time of the border patrol agent1
 but in the same work period--  7i7     
shall be substituted and paid for at the
 rate applicable for the regular time2  
and  7ii7 shall not be credited as      
overtime hours for any purpose4  7,b7   
,priority for same day work ,in         
substituting hours of work under        
subparagraph 7,a71 work performed on the
 same day as the period of leave without
 pay shall be substituted first4  7,c7  

,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 7#b71 7#c71   
and 7#d74  7#b7 ,overtime work  7,a7 ,in
 general ,for a period of absence during
 scheduled overtime 7as described in    
paragraph 7#b77;,f7 or 7#c77;,f7 of     
subsection 7b77 within a work period1 an
 equal period of additional work in the 
same work period--  7i7 shall be        
substituted and credited as scheduled   
overtime2 and  7ii7 shall not be        
credited as overtime hours under any    
other provision of law4  7,b7 ,priority 
for same day work ,in substituting hours
 of work under subparagraph 7,a71 work  
performed on the same day as the period 
of absence shall be substituted first4  
7#c7 ,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 7as   

described in paragraph 7#b77;,f7 or     
7#c77;,f7 of subsection 7b77 within that
 work period1 any accrued compensatory  
time off under section #eedb7;g7 shall  
be applied to satisfy the hours         
obligation4  7#d7 ,insufficient hours   
,if a border patrol agent has a         
remaining hours obligation of scheduled 
overtime after applying paragraphs 7#b7 
and 7#c71 any additional work in        
subsequent work periods that would      
otherwise be credited under section     
#eedb7;g7 shall be applied towards the  
hours obligation until that obligation  
is satisfied4  7g7 ,authority ,to       
require overtime work ,nothing in this  
section shall be construed to limit the 
authority of ,u4,s4 ,customs and ,border
 ,protection to require a border patrol 
agent to perform hours of overtime work 
in accordance with the needs of ,u4,s4  
,customs and ,border ,protection1       
including if needed in the event of a   
local or national emergency4  4  7c7    
,overtime work  7#a7 ,in general        

,section #eedb of title #e1 ,united     
,states ,code1 is amended by adding at  
the end the following3  7g7 ,in applying
 subsection 7a7 with respect to a border
 patrol agent covered by section #eeej1 
the following rules apply3  7#a7        
,notwithstanding the matter preceding   
paragraph 7#a7 in subsection 7a71 for a 
border patrol agent who is assigned to  
the level #a border patrol rate of pay  
under section #eeej--  7,a7 hours of    
work in excess of #ajj hours during a   
#ad-;day biweekly pay period shall be   
overtime work2 and  7,b7 the border     
patrol agent--  7i7 shall receive pay at
 the overtime hourly rate of pay 7as    
determined in accordance with paragraphs
 7#a7 and 7#b7 of subsection 7a77 for   
hours of overtime work that are         
officially ordered or approved in       
advance of the workweek2 and  7ii7      
except as provided in paragraphs 7#d7   
and 7#e71 shall receive compensatory    
time off for an equal amount of time    
spent performing overtime work that is  

not overtime work described in clause   
7i74  7#b7 ,notwithstanding the matter  
preceding paragraph 7#a7 in subsection  
7a71 for a border patrol agent who is   
assigned to the level #b border patrol  
rate of pay under section #eeej--  7,a7 
hours of work in excess of #ij hours    
during a #ad-;day biweekly pay period   
shall be overtime work2 and  7,b7 the   
border patrol agent--  7i7 shall receive
 pay at the overtime hourly rate of pay 
7as determined in accordance with       
paragraphs 7#a7 and 7#b7 of subsection  
7a77 for hours of overtime work that are
 officially ordered or approved in      
advance of the workweek2 and  7ii7      
except as provided in paragraphs 7#d7   
and 7#e71 shall receive compensatory    
time off for an equal amount of time    
spent performing overtime work that is  
not overtime work described in clause   
7i74  7#c7 ,notwithstanding the matter  
preceding paragraph 7#a7 in subsection  
7a71 for a border patrol agent who is   
assigned to the basic border patrol rate

 of pay under section #eeej--  7,a7     
hours of work in excess of #hj hours    
during a #ad-;day biweekly pay period   
shall be overtime work2 and  7,b7 the   
border patrol agent--  7i7 shall receive
 pay at the overtime hourly rate of pay 
7as determined in accordance with       
paragraphs 7#a7 and 7#b7 of subsection  
7a77 for hours of overtime work that are
 officially ordered or approved in      
advance of the workweek2 and  7ii7      
except as provided in paragraphs 7#d7   
and 7#e71 shall receive compensatory    
time off for an equal amount of time    
spent performing overtime work that is  
not overtime work described in clause   
7i74  7#d7  7,a7 ,except as provided in 
subparagraph 7,b71 during a #ad-;day    
biweekly pay period1 a border patrol    
agent may not earn compensatory time off
 for more than #aj hours of overtime    
work4  7,b7 ,u4,s4 ,customs and ,border 
,protection may1 as it determines       
appropriate1 waive the limitation under 
subparagraph 7,a7 for an individual     

border patrol agent for hours of        
irregular or occasional overtime work1  
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      
7#a77;,b77ii71 7#b77;,b77ii71 or        
7#c77;,b77ii74 ,if a waiver request by a
 border patrol agent is denied1 the     
border patrol agent may not be ordered  
to perform the associated overtime work4
  7#e7 ,a border patrol agent--  7,a7   
may not earn more than #bdj hours of    
compensatory time off during a leave    
year2  7,b7 shall use any hours of      
compensatory time off not later than the
 end of the #bfth pay period after the  
pay period during which the compensatory
 time off was earned2  7,c7 shall be    
required to use #a 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 #eeej7;f72     

7,d7 shall forfeit any compensatory time
 off not used in accordance with this   
paragraph and1 regardless of            
circumstances1 shall not be entitled to 
any cash value for compensatory time    
earned under section #eeej2  7,e7 shall 
not receive credit towards the          
computation of the annuity of the border
 patrol agent for compensatory time1    
whether used or not2 and  7,f7 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    
#eedg in the period in which it was     
earned4  4  7#b7 ,minimization of       
overtime ,u4,s4 ,customs and ,border    
,protection shall1 to the maximum extent
 practicable1 avoid the use of scheduled
 overtime work by border patrol agents4 
7d7 ,retirement ,section #hcca7c7 of    
title #e1 ,united ,states ,code1 is     
amended--  7#a7 in subparagraph 7,g71 by
 striking and2  7#b7 in subparagraph    

7,h71 by inserting and after the        
semicolon2  7#c7 by inserting a new     
subparagraph after subparagraph 7,h7 as 
follows3  7,i7 with respect to a border 
patrol agent1 the amount of supplemental
 pay received through application of the
 level #a border patrol rate of pay or  
the level #b border patrol rate of pay  
for scheduled overtime within the       
regular tour of duty of the border      
patrol agent as provided in section     
#eeej2  2 and  7#d7 in the undesignated 
matter following subparagraph 7,h71 by  
striking subparagraphs 7,b7 through 7,h7
 and inserting subparagraphs 7,b7       
through 7,i74  7e7 ,comprehensive       
staffing analysis  7#a7 ,in general ,not
 later than #a year after the date of   
enactment of this ,act1 ,u4,s4 ,customs 
and ,border ,protection shall conduct a 
comprehensive analysis1 and submit to   
the ,comptroller ,general of the ,united
 ,states a report1 that--  7,a7 examines
 the staffing requirements for ,u4,s4   
,border ,patrol to most effectively meet

 its operational requirements at each   
,border ,patrol duty station2  7,b7     
estimates the cost of the staffing      
requirements at each ,border ,patrol    
duty station2 and  7,c7 includes--  7i7 
a position-by-position review at each   
,border ,patrol station to determine--  
7,i7 the duties assigned to each        
position2  7,,ii7 how the duties relate 
to the operational requirements of      
,u4,s4 ,border ,patrol2 and  7,,iii7 the
 number of hours border patrol agents in
 that position would need to work each  
pay period to meet the operational      
requirements of ,u4,s4 ,border ,patrol2 
7ii7 the metrics used to determine the  
number of hours of work performed at    
each ,border ,patrol station1 broken    
down by the type of hours worked2  7iii7
 a cost analysis of the most recent full
 fiscal year by the type of full-time   
equivalent hours worked2  7iv7 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 ,act2 and 
7v7 an analysis that compares the cost  
of assigning the full-time equivalent   
hours needed to meet the operational    
requirements of ,u4,s4 ,border ,patrol  
to existing border patrol agents through
 higher rates of pay versus recruiting1 
hiring1 training1 and deploying         
additional border patrol agents4  7#b7  
,independent validator ,not later than  
#ij days after the date on which the    
,comptroller ,general receives the      
report under paragraph 7#a71 the        
,comptroller ,general shall submit to   
the appropriate committees of ,congress 
a report that--  7,a7 examines the      
methodology used by ,u4,s4 ,customs and 
,border ,protection to carry out the    
analysis2 and  7,b7 indicates whether   
the ,comptroller ,general concurs with  
the findings in the report under        
paragraph 7#a74  7#c7 ,definition ,in   
this subsection1 the term appropriate   
committees of ,congress means--  7,a7   
the ,committee on ,homeland ,security   

and ,governmental ,affairs and the      
,committee on ,appropriations of the    
,senate2 and  7,b7 the ,committee on    
,oversight and ,government ,reform and  
the ,committee on ,appropriations of the
 ,house of ,representatives4  7f7 ,rules
 of construction ,nothing in this       
section or the amendments made by this  
section shall be construed to--  7#a7   
limit the right of ,u4,s4 ,customs and  
,border ,protection to assign both      
scheduled and unscheduled work to a     
border patrol agent based on the needs  
of ,u4,s4 ,customs and ,border          
,protection in excess of the hours of   
work normally applicable under the      
election of the border patrol agent1    
regardless of what the border patrol    
agent might otherwise have elected2     
7#b7 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  
off2 or  7#c7 exempt a border patrol    

agent from any limitations on pay1      
earnings1 or compensation1 including the
 limitations under section #eedg of     
title #e1 ,united ,states ,code4  7g7   
,technical and conforming amendments    
7#a7 ,section #eedg of title #e1 ,united
 ,states ,code is amended by--  7,a7 in 
subsection 7a71 in the matter preceding 
paragraph 7#a7--  7i7 by striking1 and  
before #eedf2 and  7ii7 by inserting 1  
and #eeej after #eedf 7a7 and 7b72 and  
7,b7 by adding at the end the following3
  7e7 ,any supplemental pay resulting   
from receipt of the level #a border     
patrol rate of pay or the level #b      
border patrol rate of pay under section 
#eeej shall be considered premium pay in
 applying this section4  4  7#b7        
,section #ac7;a7 of the ,fair ,labor    
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bac7;a77 is amended--  7,a7 in         
paragraph 7#af71 by striking or after   
the semicolon2  7,b7 in paragraph 7#ag71
 by striking the period at the end and  
inserting 2 or2 and  7,c7 by adding at  

the end the following3  7#ah7 any       
employee who is a border patrol agent1  
as defined in section #eeej7;a7 of title
 #e1 ,united ,states ,code4  4  7#c7    
,the table of sections for chapter #ee  
of title #e1 ,united ,states ,code1 is  
amended by inserting after the item     
relating to section #eedi the following3
  #eeej4 ,border patrol rate of pay4  4 
7h7 ,regulations ,the ,director of the  
,office of ,personnel ,management shall 
promulgate regulations to carry out this
 ,act and the amendments made by this   
,act4  #c4 ,cybersecurity recruitment   
and retention  7a7 ,in general ,at the  
end of subtitle ,c of title ,,ii of the 
,homeland ,security ,act of #bjjb 7#f   
,u4,s4,c4 #ada et seq471 add the        
following3  #bbf4 ,cybersecurity        
recruitment and retention  7a7          
,definitions ,in this section3  7#a7    
,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 ,representatives4  7#b7      
,collective bargaining agreement ,the   
term collective bargaining agreement has
 the meaning given that term in section 
#gajc7;a77#h7 of title #e1 ,united      
,states ,code4  7#c7 ,excepted service  
,the term excepted service has the      
meaning given that term in section #bajc
 of title #e1 ,united ,states ,code4    
7#d7 ,preference eligible ,the term     
preference eligible has the meaning     
given that term in section #bajh of     
title #e1 ,united ,states ,code4  7#e7  
,qualified position ,the term qualified 
position means a position1 designated by
 the ,secretary for the purpose of this 
section1 in which the incumbent         
performs1 manages1 or supervises        
functions that execute the              
responsibilities of the ,department     
relating to cybersecurity4  7#f7 ,senior

 executive service ,the term ,senior    
,executive ,service has the meaning     
given that term in section #baja;a of   
title #e1 ,united ,states ,code4  7b7   
,general authority  7#a7 ,establish     
positions1 appoint personnel1 and fix   
rates of pay  7,a7 ,general authority   
,the ,secretary may--  7i7 establish1 as
 positions in the excepted service1 such
 qualified positions in the ,department 
as the ,secretary determines necessary  
to carry out the responsibilities of the
 ,department relating to cybersecurity1 
including positions formerly identified 
as--  7,i7 senior level positions       
designated under section #ecgf of title 
#e1 ,united ,states ,code2 and  7,,ii7  
positions in the ,senior ,executive     
,service2  7ii7 appoint an individual to
 a qualified position 7after taking into
 consideration the availability of      
preference eligibles for appointment to 
the position72 and  7iii7 subject to the
 requirements of paragraphs 7#b7 and    
7#c71 fix the compensation of an        

individual for service in a qualified   
position4  7,b7 ,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 appointment1 number1
 classification1 or compensation of     
employees4  7#b7 ,basic pay  7,a7       
,authority to fix rates of basic pay ,in
 accordance with this section1 the      
,secretary shall fix the rates of basic 
pay for any qualified position          
established under paragraph 7#a7 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 regulation4  7,b7   
,prevailing rate systems ,the ,secretary
 may1 consistent with section #ecda of  
title #e1 ,united ,states ,code1 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        
#ecdb7;a77#b77;,a7 of that title4  7#c7 
,additional compensation1 incentives1   
and allowances  7,a7 ,additional        
compensation based on title #e          
authorities ,the ,secretary may provide 
employees in qualified positions        
compensation 7in addition to basic pay71
 including benefits1 incentives1 and    
allowances1 consistent with1 and not in 
excess of the level authorized for1     
comparable positions authorized by title
 #e1 ,united ,states ,code4  7,b7       
,allowances in nonforeign areas ,an     
employee in a qualified position whose  
rate of basic pay is fixed under        
paragraph 7#b77;,a7 shall be eligible   
for an allowance under section #eida of 
title #e1 ,united ,states ,code1 on the 
same basis and to the same extent as if 
the employee was an employee covered by 
such section #eida1 including           
eligibility conditions1 allowance rates1

 and all other terms and conditions in  
law or regulation4  7#d7 ,plan for      
execution of authorities ,not later than
 #abj days after the date of enactment  
of this section1 the ,secretary shall   
submit a report to the appropriate      
committees of ,congress with a plan for 
the use of the authorities provided     
under this subsection4  7#e7 ,collective
 bargaining agreements ,nothing in      
paragraph 7#a7 may be construed to      
impair the continued effectiveness of a 
collective bargaining agreement with    
respect to an office1 component1        
subcomponent1 or equivalent of the      
,department that is a successor to an   
office1 component1 subcomponent1 or     
equivalent of the ,department covered by
 the agreement before the succession4   
7#f7 ,required regulations ,the         
,secretary1 in coordination with the    
,director of the ,office of ,personnel  
,management1 shall prescribe regulations
 for the administration of this section4
  7c7 ,annual report ,not later than #a 

year after the date of enactment of this
 section1 and every year thereafter for 
#d years1 the ,secretary shall submit to
 the appropriate committees of ,congress
 a detailed report that--  7#a7         
discusses the process used by the       
,secretary in accepting applications1   
assessing candidates1 ensuring adherence
 to veterans' preference1 and selecting 
applicants for vacancies to be filled by
 an individual for a qualified position2
  7#b7 describes--  7,a7 how the        
,secretary plans to fulfill the critical
 need of the ,department to recruit and 
retain employees in qualified positions2
  7,b7 the measures that will be used to
 measure progress2 and  7,c7 any actions
 taken during the reporting period to   
fulfill such critical need2  7#c7       
discusses how the planning and actions  
taken under paragraph 7#b7 are          
integrated into the strategic workforce 
planning of the ,department2  7#d7      
provides metrics on actions occurring   
during the reporting period1 including--

  7,a7 the number of employees in       
qualified positions hired by occupation 
and grade and level or pay band2  7,b7  
the placement of employees in qualified 
positions by directorate and office     
within the ,department2  7,c7 the total 
number of veterans hired2  7,d7 the     
number of separations of employees in   
qualified positions by occupation and   
grade and level or pay band2  7,e7 the  
number of retirements of employees in   
qualified positions by occupation and   
grade and level or pay band2 and  7,f7  
the number and amounts of recruitment1  
relocation1 and retention incentives    
paid to employees in qualified positions
 by occupation and grade and level or   
pay band2 and  7#e7 describes the       
training provided to supervisors of     
employees in qualified positions at the 
,department on the use of the new       
authorities4  7d7 ,three-,year          
,probationary ,period ,the probationary 
period for all employees hired under the
 authority established in this section  

shall be #c years4  7e7 ,incumbents of  
existing competitive service positions  
7#a7 ,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 conversion4    
7#b7 ,subsequent conversion ,after the  
date on which an individual who refuses 
a conversion under paragraph 7#a7 stops 
serving in the position selected to be  
converted1 the position may be converted
 to a position in the excepted service4 
7f7 ,study and report ,not later than   
#abj days after the date of enactment of
 this section1 the ,national ,protection
 and ,programs ,directorate shall submit
 a report regarding the availability of1
 and benefits 7including cost savings   
and security7 of using1 cybersecurity   
personnel and facilities outside of the 
,national ,capital ,region 7as defined  
in section #bfgd of title #aj1 ,united  
,states ,code7 to serve the ,federal and

 national need to--  7#a7 the           
,subcommittee on ,homeland ,security of 
the ,committee on ,appropriations and   
the ,committee on ,homeland ,security   
and ,governmental ,affairs of the       
,senate2 and  7#b7 the ,subcommittee on 
,homeland ,security of the ,committee on
 ,appropriations and the ,committee on  
,homeland ,security of the ,house of    
,representatives4  4  7b7 ,conforming   
amendment ,section #cacb7;a77#b7 of     
title #e1 ,united ,states ,code1 is     
amended in the matter following         
subparagraph 7,e7--  7#a7 in clause 7i71
 by striking or at the end2  7#b7 in    
clause 7ii71 by inserting or after the  
semicolon2 and  7#c7 by inserting after 
clause 7ii7 the following3  7iii7 any   
position established as a qualified     
position in the excepted service by the 
,secretary of ,homeland ,security under 
section #bbf of the ,homeland ,security 
,act of #bjjb2  4  7c7 ,table of        
contents amendment ,the table of        
contents in section #a7;b7 of the       

,homeland ,security ,act of #bjjb 7#f   
,u4,s4,c4 #aja et seq47 is amended by   
inserting after the item relating to    
section #bbe the following3  ,sec4 #bbf4
 ,cybersecurity recruitment and         
retention4  4  #d4 ,homeland security   
cybersecurity workforce assessment  7a7 
,short title ,this section may be cited 
as the ,homeland ,security              
,cybersecurity ,workforce ,assessment   
,act4  7b7 ,definitions ,in this        
section3  7#a7 ,appropriate             
congressional committees ,the term      
appropriate congressional committees    
means--  7,a7 the ,committee on         
,homeland ,security and ,governmental   
,affairs of the ,senate2  7,b7 the      
,committee on ,homeland ,security of the
 ,house of ,representatives2 and  7,c7  
the ,committee on ,house ,administration
 of the ,house of ,representatives4     
7#b7 ,cybersecurity work category2 data 
element code2 specialty area ,the terms 
,cybersecurity ,work ,category1 ,data   
,element ,code1 and ,specialty ,area    

have the meanings given such terms in   
the ,office of ,personnel ,management's 
,guide to ,data ,standards4  7#c7       
,department ,the term ,department means 
the ,department of ,homeland ,security4 
7#d7 ,director ,the term ,director means
 the ,director of the ,office of        
,personnel ,management4  7#e7 ,secretary
 ,the term ,secretary means the         
,secretary of ,homeland ,security4  7c7 
,national ,cybersecurity ,workforce     
,measurement ,initiative  7#a7 ,in      
general ,the ,secretary shall--  7,a7   
identify all cybersecurity workforce    
positions within the ,department2  7,b7 
determine the primary ,cybersecurity    
,work ,category and ,specialty ,area of 
such positions2 and  7,c7 assign the    
corresponding ,data ,element ,code1 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 report1 in        

accordance with paragraph 7#b74  7#b7   
,employment codes  7,a7 ,procedures ,not
 later than #ij days after the date of  
the enactment of this ,act1 the         
,secretary shall establish procedures-- 
7i7 to identify open positions that     
include cybersecurity functions 7as     
defined in the ,,opm ,guide to ,data    
,standards72 and  7ii7 to assign the    
appropriate employment code to each such
 position1 using agreed standards and   
definitions4  7,b7 ,code assignments    
,not later than #i months after the date
 of the enactment of this ,act1 the     
,secretary shall assign the appropriate 
employment code to--  7i7 each employee 
within the ,department who carries out  
cybersecurity functions2 and  7ii7 each 
open position within the ,department    
that have been identified as having     
cybersecurity functions4  7#c7 ,progress
 report ,not later than #a year after   
the date of the enactment of this ,act1 
the ,director shall submit a progress   
report on the implementation of this    

subsection to the appropriate           
congressional committees4  7d7          
,identification of cybersecurity        
specialty areas of critical need  7#a7  
,in general ,beginning not later than #a
 year after the date on which the       
employment codes are assigned to        
employees pursuant to subsection        
7c77#b77;,b71 and annually through      
#bjba1 the ,secretary1 in consultation  
with the ,director1 shall--  7,a7       
identify ,cybersecurity ,work           
,categories and ,specialty ,areas of    
critical need in the ,department's      
cybersecurity workforce2 and  7,b7      
submit a report to the ,director that-- 
7i7 describes the ,cybersecurity ,work  
,categories and ,specialty ,areas       
identified under subparagraph 7,a72 and 
7ii7 substantiates the critical need    
designations4  7#b7 ,guidance ,the      
,director shall provide the ,secretary  
with timely guidance for identifying    
,cybersecurity ,work ,categories and    
,specialty ,areas of critical need1     

including--  7,a7 current ,cybersecurity
 ,work ,categories and ,specialty ,areas
 with acute skill shortages2 and  7,b7  
,cybersecurity ,work ,categories and    
,specialty ,areas with emerging skill   
shortages4  7#c7 ,cybersecurity critical
 needs report ,not later than #ah months
 after the date of the enactment of this
 ,act1 the ,secretary1 in consultation  
with the ,director1 shall--  7,a7       
identify ,specialty ,areas of critical  
need for cybersecurity workforce across 
the ,department2 and  7,b7 submit a     
progress report on the implementation of
 this subsection to the appropriate     
congressional committees4  7e7          
,government ,accountability ,office     
status reports ,the ,comptroller        
,general of the ,united ,states shall-- 
7#a7 analyze and monitor the            
implementation of subsections 7c7 and   
7d72 and  7#b7 not later than #c years  
after the date of the enactment of this 
,act1 submit a report to the appropriate
 congressional committees that describes

 the status of such implementation4     
,passed the ,senate ,september #ah1     
#bjad4,nancy ,erickson1,secretary