This document is an amendment to proposed legislation regarding border patrol agent pay reform. It outlines plans to establish multiple rates of pay for border patrol agents based on voluntary elections, including a level 1 rate of 1.25 times basic pay and a level 2 rate of 1.125 times basic pay. It also allows for unilateral assignment by Customs and Border Protection to ensure operational needs are met and no more than 10% of agents at one location are assigned to basic pay. The amendment aims to strengthen border security and provide Customs and Border Protection flexibility in scheduling agents.
This document is an amendment to proposed legislation regarding border patrol agent pay reform. It outlines plans to establish multiple rates of pay for border patrol agents based on voluntary elections, including a level 1 rate of 1.25 times basic pay and a level 2 rate of 1.125 times basic pay. It also allows for unilateral assignment by Customs and Border Protection to ensure operational needs are met and no more than 10% of agents at one location are assigned to basic pay. The amendment aims to strengthen border security and provide Customs and Border Protection flexibility in scheduling agents.
This document is an amendment to proposed legislation regarding border patrol agent pay reform. It outlines plans to establish multiple rates of pay for border patrol agents based on voluntary elections, including a level 1 rate of 1.25 times basic pay and a level 2 rate of 1.125 times basic pay. It also allows for unilateral assignment by Customs and Border Protection to ensure operational needs are met and no more than 10% of agents at one location are assigned to basic pay. The amendment aims to strengthen border security and provide Customs and Border Protection flexibility in scheduling agents.
Purpose: In the nature of a substitute. IN THE SENATE OF THE UNITED STATES113th Cong., 2d Sess. 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. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT IN THE NATURE OF A SUBSTITUTE intended to be proposed by Mr. TESTER (for himself and Mr. MCCAIN) Viz: Strike all after the enacting clause and insert the fol- 1 lowing: 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the Border Patrol Agent 4 Pay Reform Act of 2014. 5 SEC. 2. BORDER PATROL RATE OF PAY. 6 (a) PURPOSE.The purposes of this Act are 7 (1) to strengthen U.S. Customs and Border 8 Protection and ensure that border patrol agents are 9 sufficiently ready to conduct necessary work and will 10 perform overtime hours in excess of a 40-hour work- 11 2 HEN14474 S.L.C. week based on the needs of U.S. Customs and Bor- 1 der Protection; and 2 (2) to ensure U.S. Customs and Border Protec- 3 tion has the flexibility to cover shift changes and re- 4 tains the right to assign scheduled and unscheduled 5 work for mission requirements and planning based 6 on operational need. 7 (b) RATES OF PAY.Subchapter V of chapter 55 of 8 title 5, United States Code, is amended by inserting after 9 section 5549 the following: 10 5550. Border patrol rate of pay 11 (a) DEFINITIONS.In this section 12 (1) the term basic border patrol rate of pay 13 means the hourly rate of basic pay of the applicable 14 border patrol, as determined without regard to this 15 section; 16 (2) the term border patrol agent means an 17 individual who is appointed to a position assigned to 18 the Border Patrol Enforcement classification series 19 1896 or any successor series, consistent with classi- 20 fication standards established by the Office of Per- 21 sonnel Management; 22 (3) the term level 1 border patrol rate of pay 23 means the hourly rate of pay equal to 1.25 times the 24 3 HEN14474 S.L.C. otherwise applicable hourly rate of basic pay of the 1 applicable border patrol agent; 2 (4) the term level 2 border patrol rate of pay 3 means the hourly rate of pay equal to 1.125 times 4 the otherwise applicable hourly rate of basic pay of 5 the applicable border patrol agent; and 6 (5) the term work period means a 14-day bi- 7 weekly pay period. 8 (b) RECEIPT OF BORDER PATROL RATE OF PAY. 9 (1) VOLUNTARY ELECTION. 10 (A) IN GENERAL.Not later than 30 11 days before the first day of each year beginning 12 after the date of enactment of this section, a 13 border patrol agent shall make an election 14 whether the border patrol agent shall, for that 15 year, be assigned to 16 (i) the level 1 border patrol rate of 17 pay; 18 (ii) the level 2 border patrol rate of 19 pay; or 20 (iii) the basic border patrol rate of 21 pay, with additional overtime assigned as 22 needed by U.S. Customs and Border Pro- 23 tection. 24 4 HEN14474 S.L.C. (B) REGULATIONS.The Director of the 1 Office of Personnel Management shall promul- 2 gate regulations establishing procedures for 3 elections under subparagraph (A). 4 (C) INFORMATION REGARDING ELEC- 5 TION.Not later than 60 days before the first 6 day of each year beginning after the date of en- 7 actment of this section, U.S. Customs and Bor- 8 der Protection shall provide each border patrol 9 agent with information regarding each type of 10 election available under subparagraph (A) and 11 how to make such an election. 12 (D) ASSIGNMENT IN LIEU OF ELEC- 13 TION.Notwithstanding subparagraph (A) 14 (i) a border patrol agent who fails to 15 make a timely election under subparagraph 16 (A) shall be assigned to the level 1 border 17 patrol rate of pay; 18 (ii) a border patrol agent who is as- 19 signed a canine shall be assigned to the 20 level 1 border patrol rate of pay; 21 (iii) if at any time U.S. Customs and 22 Border Protection concludes that a border 23 patrol agent is unable to perform overtime 24 on a daily basis in accordance with this 25 5 HEN14474 S.L.C. section, U.S. Customs and Border Protec- 1 tion shall assign the border patrol agent to 2 the basic border patrol rate of pay until 3 such time as U.S. Customs and Border 4 Protection determines that the border pa- 5 trol agent is able to perform scheduled 6 overtime on a daily basis; and 7 (iv) a border patrol agent may be as- 8 signed to the level 1 border patrol rate of 9 pay or the level 2 border patrol rate of pay 10 in accordance with subparagraph (E). 11 (E) FLEXIBILITY. 12 (i) IN GENERAL.Except as pro- 13 vided in clauses (ii) and (iii), and notwith- 14 standing any other provision of law, U.S. 15 Customs and Border Protection shall take 16 such action as is necessary, including the 17 unilateral assignment of border patrol 18 agents to the level 1 border patrol rate of 19 pay or the level 2 border patrol rate of 20 pay, to ensure that not more than 10 per- 21 cent of the border patrol agents stationed 22 at a location are assigned to the level 2 23 border patrol rate of pay or the basic bor- 24 der patrol rate of pay. 25 6 HEN14474 S.L.C. (ii) WAIVER.U.S. Customs and 1 Border Protection may waive the limitation 2 under clause (i) on the percent of border 3 patrol agents stationed at a location who 4 are assigned to the level 2 border patrol 5 rate of pay or the basic border patrol rate 6 of pay if, based on the analysis conducted 7 under section 2(e) of the Border Patrol 8 Agent Pay Reform Act of 2014, U.S. Cus- 9 toms and Border Protection determines it 10 may do so and adequately fulfill its oper- 11 ational requirements. 12 (iii) CERTAIN LOCATIONS.Clause 13 (i) shall not apply to border patrol agents 14 working at the headquarters of U.S. Cus- 15 toms and Border Protection or a training 16 location of U.S. Customs and Border Pro- 17 tection. 18 (F) CANINE CARE.For a border patrol 19 agent assigned to provide care for a canine and 20 assigned to the level 1 border patrol rate of pay 21 in accordance with subparagraph (D)(ii) 22 (i) that rate of pay covers all such 23 care; 24 7 HEN14474 S.L.C. (ii) for the purposes of scheduled 1 overtime under paragraph (2)(A)(ii), such 2 care shall be counted as 1 hour of sched- 3 uled overtime on each regular workday 4 without regard to the actual duration of 5 such care or whether such care occurs on 6 the regular workday; and 7 (iii) no other pay shall be paid to the 8 border patrol agent for such care. 9 (G) PAY ASSIGNMENT CONTINUITY. 10 (i) IN GENERAL.Not later than 1 11 year after the date of enactment of the 12 Border Patrol Agent Pay Reform Act of 13 2014, and in consultation with the Office 14 of Personnel Management, U.S. Customs 15 and Border Protection shall develop and 16 implement a plan to ensure, to the greatest 17 extent practicable, that the assignment of 18 a border patrol agent under this section 19 during the 3 years of service before the 20 border patrol agent becomes eligible for 21 immediate retirement are consistent with 22 the average border patrol rate of pay level 23 to which the border patrol agent has been 24 8 HEN14474 S.L.C. assigned during the course of the career of 1 the border patrol agent. 2 (ii) IMPLEMENTATION.Notwith- 3 standing any other provision of law, U.S. 4 Customs and Border Protection may take 5 such action as is necessary, including the 6 unilateral assignment of border patrol 7 agents to the level 1 border patrol rate of 8 pay, the level 2 border patrol rate of pay, 9 or the basic border patrol rate of pay, to 10 implement the plan developed under this 11 subparagraph. 12 (iii) REPORTING.U.S. Customs 13 and Border Protection shall submit the 14 plan developed under clause (i) to the ap- 15 propriate committees of Congress. 16 (iv) GAO REVIEW.Not later than 6 17 months after U.S. Customs and Border 18 Protection issues the plan required under 19 clause (i), the Comptroller General of the 20 United States shall submit to the appro- 21 priate committees of Congress a report on 22 the effectiveness of the plan in ensuring 23 that border patrol agents are not able to 24 9 HEN14474 S.L.C. artificially enhance their retirement annu- 1 ities. 2 (v) DEFINITION.In this subpara- 3 graph, the term appropriate committees of 4 Congress means 5 (I) the Committee on Homeland 6 Security and Governmental Affairs 7 and the Committee on Appropriations 8 of the Senate; and 9 (II) the Committee on Home- 10 land Security, the Committee on 11 Oversight and Government Reform, 12 and the Committee on Appropriations 13 of the House of Representatives. 14 (vi) RULE OF CONSTRUCTION. 15 Nothing in this subparagraph shall be con- 16 strued to limit the ability of U.S. Customs 17 and Border Protection to assign border pa- 18 trol agents to border patrol rates of pay as 19 necessary to meet operational require- 20 ments. 21 (2) LEVEL 1 BORDER PATROL RATE OF PAY. 22 For a border patrol agent who is assigned to the 23 level 1 border patrol rate of pay 24 10 HEN14474 S.L.C. (A) the border patrol agent shall have a 1 regular tour of duty consisting of 5 workdays 2 per week with 3 (i) 8 hours of regular time per work- 4 day, which may be interrupted by an un- 5 paid off-duty meal break; and 6 (ii) 2 additional hours of scheduled 7 overtime during each day the agent per- 8 forms work under clause (i); 9 (B) for paid hours of regular time de- 10 scribed in subparagraph (A)(i), the border pa- 11 trol agent shall receive pay at the level 1 border 12 patrol rate of pay; 13 (C) compensation for the hours of regu- 14 larly scheduled overtime work described in sub- 15 paragraph (A)(ii) is provided indirectly through 16 the 25 percent supplement within the level 1 17 border patrol rate of pay, and the border patrol 18 agent may not receive for such hours 19 (i) any compensation in addition to 20 the compensation under subparagraph (B) 21 under this section or any other provision of 22 law; or 23 (ii) any compensatory time off; 24 11 HEN14474 S.L.C. (D) the border patrol agent shall receive 1 compensatory time off or pay at the overtime 2 hourly rate of pay for hours of work in excess 3 of 100 hours during a work period, as deter- 4 mined in accordance with section 5542(g); 5 (E) the border patrol agent shall be 6 charged corresponding amounts of paid leave, 7 compensatory time off, or other paid time off 8 for each hour (or part thereof) the agent is ab- 9 sent from work during regular time (except that 10 full days off for military leave shall be charged 11 when required); 12 (F) if the border patrol agent is absent 13 during scheduled overtime described in subpara- 14 graph (A)(ii) 15 (i) the border patrol agent shall ac- 16 crue an obligation to perform other over- 17 time work for each hour (or part thereof) 18 the border patrol agency is absent; and 19 (ii) any overtime work applied to- 20 ward the obligation under clause (i) shall 21 not be credited as overtime work under 22 any other provision of law; and 23 (G) for the purposes of advanced train- 24 ing, the border patrol agent 25 12 HEN14474 S.L.C. (i) shall be paid at the level 1 border 1 patrol rate of pay for the first 60 days of 2 advanced training in a calendar year; and 3 (ii) for any advanced training in ad- 4 dition to the advanced training described 5 in clause (i), shall be paid at the basic bor- 6 der patrol rate of pay. 7 (3) LEVEL 2 BORDER PATROL RATE OF PAY. 8 For a border patrol agent who is assigned to the 9 level 2 border patrol rate of pay 10 (A) the border patrol agent shall have a 11 regular tour of duty consisting of 5 workdays 12 per week with 13 (i) 8 hours of regular time per work- 14 day, which may be interrupted by an un- 15 paid off-duty meal break; and 16 (ii) 1 additional hour of scheduled 17 overtime during each day the agent per- 18 forms work under clause (i); 19 (B) for paid hours of regular time de- 20 scribed in subparagraph (A)(i), the border pa- 21 trol agent shall receive pay at the level 2 border 22 patrol rate of pay; 23 (C) compensation for the hours of regu- 24 larly scheduled overtime work described in sub- 25 13 HEN14474 S.L.C. paragraph (A)(ii) is provided indirectly through 1 the 12.5 percent supplement within the level 2 2 border patrol rate of pay, and the border patrol 3 agent may not receive for such hours 4 (i) any compensation in addition to 5 the compensation under subparagraph (B) 6 under this section or any other provision of 7 law; or 8 (ii) any compensatory time off; 9 (D) the border patrol agent shall receive 10 compensatory time off or pay at the overtime 11 hourly rate of pay for hours of work in excess 12 of 90 hours during a work period, as deter- 13 mined in accordance with section 5542(g); 14 (E) the border patrol agent shall be 15 charged corresponding amounts of paid leave, 16 compensatory time off, or other paid time off 17 for each hour (or part thereof) the agent is ex- 18 cused from work during regular time (except 19 that full days off for military leave shall be 20 charged when required); 21 (F) if the border patrol agent is absent 22 during scheduled overtime described in subpara- 23 graph (A)(ii) 24 14 HEN14474 S.L.C. (i) the border patrol agent shall ac- 1 crue an obligation to perform other over- 2 time work for each hour (or part thereof) 3 the border patrol agency is absent; and 4 (ii) any overtime work applied to- 5 ward the obligation under clause (i) shall 6 not be credited as overtime work under 7 any other provision of law; and 8 (G) for the purposes of advanced train- 9 ing, the border patrol agent 10 (i) shall be paid at the level 2 border 11 patrol rate of pay for the first 60 days of 12 advanced training in a calendar year; and 13 (ii) for any advanced training in ad- 14 dition to the advanced training described 15 in clause (i), shall be paid at the basic bor- 16 der patrol rate of pay. 17 (4) BASIC BORDER PATROL RATE OF PAY. 18 For a border patrol agent who is assigned to the 19 basic border patrol rate of pay 20 (A) the border patrol agent shall have a 21 regular tour of duty consisting of 5 workdays 22 per week with 8 hours of regular time per work- 23 day; and 24 15 HEN14474 S.L.C. (B) the border patrol agent shall receive 1 compensatory time off or pay at the overtime 2 hourly rate of pay for hours of work in excess 3 of 80 hours during a work period, as deter- 4 mined in accordance with section 5542(g). 5 (c) ELIGIBILITY FOR OTHER PREMIUM PAY.A 6 border patrol agent 7 (1) shall receive premium pay for nightwork in 8 accordance with subsections (a) and (b) of section 9 5545 and Sunday and holiday pay in accordance 10 with section 5546, without regard to the rate of pay 11 to which the border patrol agent is assigned under 12 this section, except that 13 (A) no premium pay for night, Sunday, 14 or holiday work shall be provided for hours of 15 regularly scheduled overtime work described in 16 paragraph (2)(A)(ii) or (3)(A)(ii) of subsection 17 (b), consistent with the requirements of para- 18 graph (2)(C) or (3)(C) of subsection (b); and 19 (B) section 5546(d) shall not apply and 20 instead eligibility for pay for, and the rate of 21 pay for, any overtime work on a Sunday or a 22 designated holiday shall be determined in ac- 23 cordance with this section and section 5542(g); 24 16 HEN14474 S.L.C. (2) except as provided in paragraph (3) or sec- 1 tion 5542(g), shall not be eligible for any other form 2 of premium pay under this title; and 3 (3) shall be eligible for hazardous duty pay in 4 accordance with section 5545(d). 5 (d) TREATMENT AS BASIC PAY.Any pay in addi- 6 tion to the basic border patrol rate of pay for a border 7 patrol agent resulting from application of the level 1 bor- 8 der patrol rate of pay or the level 2 border patrol rate 9 of pay 10 (1) subject to paragraph (2), shall be treated 11 as part of basic pay solely for 12 (A) purposes of sections 5595(c), 13 8114(e), 8331(3)(I), and 8704(c); 14 (B) any other purpose that the Director 15 of the Office of Personnel Management may by 16 regulation prescribe; and 17 (C) any other purpose expressly provided 18 for by law; and 19 (2) shall not be treated as part of basic pay 20 for the purposes of calculating overtime pay, night 21 pay, Sunday pay, or holiday pay under section 5542, 22 5545, or 5546. 23 17 HEN14474 S.L.C. (e) TRAVEL TIME.Travel time to and from home 1 and duty station by a border patrol agent shall not be con- 2 sidered hours of work under any provision of law. 3 (f) LEAVE WITHOUT PAY AND SUBSTITUTION OF 4 HOURS. 5 (1) REGULAR TIME. 6 (A) IN GENERAL.For a period of leave 7 without pay during the regular time of a border 8 patrol agent (as described in paragraph 9 (2)(A)(i), (3)(A)(i), or (4)(A) of subsection (b)) 10 within a work period, an equal period of work 11 outside the regular time of the border patrol 12 agent, but in the same work period 13 (i) shall be substituted and paid for 14 at the rate applicable for the regular time; 15 and 16 (ii) shall not be credited as overtime 17 hours for any purpose. 18 (B) PRIORITY FOR SAME DAY WORK.In 19 substituting hours of work under subparagraph 20 (A), work performed on the same day as the pe- 21 riod of leave without pay shall be substituted 22 first. 23 (C) PRIORITY FOR REGULAR TIME SUB- 24 STITUTION.Hours of work shall be sub- 25 18 HEN14474 S.L.C. stituted for regular time work under this para- 1 graph before being substituted for scheduled 2 overtime under paragraphs (2), (3), and (4). 3 (2) OVERTIME WORK. 4 (A) IN GENERAL.For a period of ab- 5 sence during scheduled overtime (as described 6 in paragraph (2)(F) or (3)(F) of subsection 7 (b)) within a work period, an equal period of 8 additional work in the same work period 9 (i) shall be substituted and credited 10 as scheduled overtime; and 11 (ii) shall not be credited as overtime 12 hours under any other provision of law. 13 (B) PRIORITY FOR SAME DAY WORK.In 14 substituting hours of work under subparagraph 15 (A), work performed on the same day as the pe- 16 riod of absence shall be substituted first. 17 (3) APPLICATION OF COMPENSATORY TIME. 18 If a border patrol agent does not have sufficient ad- 19 ditional work in a work period to substitute for all 20 periods of absence during scheduled overtime (as de- 21 scribed in paragraph (2)(F) or (3)(F) of subsection 22 (b)) within that work period, any accrued compen- 23 satory time off under section 5542(g) shall be ap- 24 plied to satisfy the hours obligation. 25 19 HEN14474 S.L.C. (4) INSUFFICIENT HOURS.If a border patrol 1 agent has a remaining hours obligation of scheduled 2 overtime after applying paragraphs (2) and (3), any 3 additional work in subsequent work periods that 4 would otherwise be credited under section 5542(g) 5 shall be applied towards the hours obligation until 6 that obligation is satisfied. 7 (g) AUTHORITY TO REQUIRE OVERTIME WORK. 8 Nothing in this section shall be construed to limit the au- 9 thority of U.S. Customs and Border Protection to require 10 a border patrol agent to perform hours of overtime work 11 in accordance with the needs of U.S. Customs and Border 12 Protection, including if needed in the event of a local or 13 national emergency.. 14 (c) OVERTIME WORK. 15 (1) IN GENERAL.Section 5542 of title 5, 16 United States Code, is amended by adding at the 17 end the following: 18 (g) In applying subsection (a) with respect to a bor- 19 der patrol agent covered by section 5550, the following 20 rules apply: 21 (1) Notwithstanding the matter preceding 22 paragraph (1) in subsection (a), for a border patrol 23 agent who is assigned to the level 1 border patrol 24 rate of pay under section 5550 25 20 HEN14474 S.L.C. (A) hours of work in excess of 100 hours 1 during a 14-day biweekly pay period shall be 2 overtime work; and 3 (B) the border patrol agent 4 (i) shall receive pay at the overtime 5 hourly rate of pay (as determined in ac- 6 cordance with paragraphs (1) and (2) of 7 subsection (a)) for hours of overtime work 8 that are officially ordered or approved in 9 advance of the workweek; and 10 (ii) except as provided in paragraphs 11 (4) and (5), shall receive compensatory 12 time off for an equal amount of time spent 13 performing overtime work that is not over- 14 time work described in clause (i). 15 (2) Notwithstanding the matter preceding 16 paragraph (1) in subsection (a), for a border patrol 17 agent who is assigned to the level 2 border patrol 18 rate of pay under section 5550 19 (A) hours of work in excess of 90 hours 20 during a 14-day biweekly pay period shall be 21 overtime work; and 22 (B) the border patrol agent 23 (i) shall receive pay at the overtime 24 hourly rate of pay (as determined in ac- 25 21 HEN14474 S.L.C. cordance with paragraphs (1) and (2) of 1 subsection (a)) for hours of overtime work 2 that are officially ordered or approved in 3 advance of the workweek; and 4 (ii) except as provided in paragraphs 5 (4) and (5), shall receive compensatory 6 time off for an equal amount of time spent 7 performing overtime work that is not over- 8 time work described in clause (i). 9 (3) Notwithstanding the matter preceding 10 paragraph (1) in subsection (a), for a border patrol 11 agent who is assigned to the basic border patrol rate 12 of pay under section 5550 13 (A) hours of work in excess of 80 hours 14 during a 14-day biweekly pay period shall be 15 overtime work; and 16 (B) the border patrol agent 17 (i) shall receive pay at the overtime 18 hourly rate of pay (as determined in ac- 19 cordance with paragraphs (1) and (2) of 20 subsection (a)) for hours of overtime work 21 that are officially ordered or approved in 22 advance of the workweek; and 23 (ii) except as provided in paragraphs 24 (4) and (5), shall receive compensatory 25 22 HEN14474 S.L.C. time off for an equal amount of time spent 1 performing overtime work that is not over- 2 time work described in clause (i). 3 (4)(A) Except as provided in subparagraph 4 (B), during a 14-day biweekly pay period, a border 5 patrol agent may not earn compensatory time off for 6 more than 10 hours of overtime work. 7 (B) U.S. Customs and Border Protection may, 8 as it determines appropriate, waive the limitation 9 under subparagraph (A) for an individual border pa- 10 trol agent for hours of irregular or occasional over- 11 time work, but such waiver must be approved in 12 writing in advance of the performance of any such 13 work for which compensatory time off is earned 14 under paragraph (1)(B)(ii), (2)(B)(ii), or (3)(B)(ii). 15 If a waiver request by a border patrol agent is de- 16 nied, the border patrol agent may not be ordered to 17 perform the associated overtime work. 18 (5) A border patrol agent 19 (A) may not earn more than 240 hours of 20 compensatory time off during a leave year; 21 (B) shall use any hours of compensatory 22 time off not later than the end of the 26th pay 23 period after the pay period during which the 24 compensatory time off was earned; 25 23 HEN14474 S.L.C. (C) shall be required to use 1 hour of 1 compensatory time off for each hour of regular 2 time not worked for which the border patrol 3 agent is not on paid leave or other paid time off 4 or does not substitute time in accordance with 5 section 5550(f); 6 (D) shall forfeit any compensatory time 7 off not used in accordance with this paragraph 8 and, regardless of circumstances, shall not be 9 entitled to any cash value for compensatory 10 time earned under section 5550; 11 (E) shall not receive credit towards the 12 computation of the annuity of the border patrol 13 agent for compensatory time, whether used or 14 not; and 15 (F) shall not be credited with compen- 16 satory time off if the value of such time off 17 would cause the aggregate premium pay of the 18 border patrol agent to exceed the limitation es- 19 tablished under section 5547 in the period in 20 which it was earned.. 21 (2) MINIMIZATION OF OVERTIME.U.S. Cus- 22 toms and Border Protection shall, to the maximum 23 practical extent, avoid the use of overtime work by 24 border patrol agents, including through scheduling, 25 24 HEN14474 S.L.C. transferring border patrol agents between sectors 1 and station locations, and adjusting the rate of pay 2 to which border patrol agents are assigned, based on 3 the analysis conducted under subsection (e). 4 (d) RETIREMENT.Section 8331(3) of title 5, United 5 States Code, is amended 6 (1) in subparagraph (G), by striking and; 7 (2) in subparagraph (H), by inserting and 8 after the semicolon; 9 (3) by inserting a new subparagraph after sub- 10 paragraph (H) as follows: 11 (I) with respect to a border pa- 12 trol agent, the amount of supple- 13 mental pay received through applica- 14 tion of the level 1 border patrol rate 15 of pay or the level 2 border patrol 16 rate of pay for scheduled overtime 17 within the regular tour of duty of the 18 border patrol agent as provided in 19 section 5550;; and 20 (4) in the undesignated matter following sub- 21 paragraph (H), by striking subparagraphs (B) 22 through (H) and inserting subparagraphs (B) 23 through (I). 24 (e) COMPREHENSIVE STAFFING ANALYSIS. 25 25 HEN14474 S.L.C. (1) IN GENERAL.Not later than 1 year after 1 the date of enactment of this Act, U.S. Customs and 2 Border Protection shall conduct a comprehensive 3 analysis, and submit to the Comptroller General of 4 the United States a report, that 5 (A) examines the staffing requirements for 6 U.S. Border Patrol to most effectively meet its 7 operational requirements at each Border Patrol 8 duty station; 9 (B) estimates the cost of the staffing re- 10 quirements at each Border Patrol duty station; 11 and 12 (C) includes 13 (i) a position-by-position review at 14 each Border Patrol station to determine 15 (I) the duties assigned to each 16 position; 17 (II) how the duties relate to the 18 operational requirements of U.S. Bor- 19 der Patrol; and 20 (III) the number of hours border 21 patrol agents in that position would 22 need to work each pay period to meet 23 the operational requirements of U.S. 24 Border Patrol; 25 26 HEN14474 S.L.C. (ii) the metrics used to determine the 1 number of hours of work performed at 2 each Border Patrol station, broken down 3 by the type of hours worked; 4 (iii) a cost analysis of the most recent 5 full fiscal year by the type of full-time 6 equivalent hours worked; and 7 (iv) a cost estimate by the type of full- 8 time equivalent hours expected to be 9 worked during the first full fiscal year 10 after the date of enactment of this Act. 11 (2) INDEPENDENT VALIDATOR.Not later than 12 90 days after the date on which the Comptroller 13 General receives the report under paragraph (1), the 14 Comptroller General shall submit to the appropriate 15 committees of Congress a report that 16 (A) examines the methodology used by 17 U.S. Customs and Border Protection to carry 18 out the analysis; and 19 (B) indicates whether the Comptroller 20 General concurs with the findings in the report 21 under paragraph (1). 22 (3) DEFINITION.In this subsection, the term 23 appropriate committees of Congress means 24 27 HEN14474 S.L.C. (A) the Committee on Homeland Security 1 and Governmental Affairs and the Committee 2 on Appropriations of the Senate; and 3 (i) the Committee on Homeland Secu- 4 rity and Governmental Affairs and the 5 Committee on Appropriations of the House 6 of Representatives. 7 (f) RULES OF CONSTRUCTION.Nothing in this sec- 8 tion or the amendments made by this section shall be con- 9 strued to 10 (1) limit the right of U.S. Customs and Border 11 Protection to assign both scheduled and unscheduled 12 work to a border patrol agent based on the needs of 13 U.S. Customs and Border Protection in excess of the 14 hours of work normally applicable under the election 15 of the border patrol agent, regardless of what the 16 border patrol agent might otherwise have elected; 17 (2) require compensation of a border patrol 18 agent other than for hours during which the border 19 patrol agent is actually performing work or using 20 approved paid leave or other paid time off; or 21 (3) exempt a border patrol agent from any limi- 22 tations on pay, earnings, or compensation, including 23 the limitations under section 5547 of title 5, United 24 States Code. 25 28 HEN14474 S.L.C. (g) TECHNICAL AND CONFORMING AMENDMENTS. 1 (1) Section 5547 of title 5, United States Code 2 is amended by 3 (A) in subsection (a), in the matter pre- 4 ceding paragraph (1) 5 (i) by striking, and before 5546; 6 and 7 (ii) by inserting , and 5550 after 8 5546 (a) and (b); and 9 (B) by adding at the end the following: 10 (e) Any supplemental pay resulting from receipt of 11 the level 1 border patrol rate of pay or the level 2 border 12 patrol rate of pay under section 5550 shall be considered 13 premium pay in applying this section.. 14 (2) Section 13(a) of the Fair Labor Standards 15 Act of 1938 (29 U.S.C. 213(a)) is amended 16 (A) in paragraph (16), by striking or 17 after the semicolon; 18 (B) in paragraph (17), by striking the pe- 19 riod at the end and inserting ; or; and 20 (C) by adding at the end the following: 21 (18) any employee who is a border patrol 22 agent, as defined in section 5550(a) of title 5, 23 United States Code.. 24 29 HEN14474 S.L.C. (3) The table of sections for chapter 55 of title 1 5, United States Code, is amended by inserting after 2 the item relating to section 5549 the following: 3 5550. Border patrol rate of pay.. (h) REGULATIONS.The Director of the Office of 4 Personnel Management shall promulgate regulations to 5 carry out this Act and the amendments made by this Act. 6
CREW: U.S. Department of Homeland Security: U.S. Customs and Border Protection: Regarding Border Fence: Re - Disks (Redacted) 2 - Re - NM Land Situation (Redacted) 1
CREW: U.S. Department of Homeland Security: U.S. Customs and Border Protection: Regarding Border Fence: 12/22/10 - FME003437-FME003812 El Centro PDEA - 21nov07 - Final (Final)