,i #aacth ,,congress #ast ,session ,h4 ,r4 #cdfc ,,in ,,the ,,house ,,of ,,representatives ,november #ac1 #bjac,mr4 ,chaffetz 7for himself1 ,mrs4 ,miller of ,michigan1 ,mr4 ,farenthold1 ,mr4 ,o',rourke1 ,mr4 ,barber1 and ,ms4 ,jackson ,lee7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to ensure proper manpower on the ,united ,states border and to provide for reforms to rates of pay for ,border ,patrol agents4 #a4 ,short title ,this ,act may be cited as the ,border ,patrol ,pay ,reform ,act of #bjac4 #b4 ,border patrol rate of pay 7a7 ,purpose ,the purposes of this section are-- 7#a7 to strengthen the ,u4,s4 ,customs and ,border ,protection and to 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 the employing agency2 and 7#b7 to ensure that ,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 available to work1 as used with respect to a ,border ,patrol agent1 means that such agent is generally and reasonably accessible by ,u4,s4 ,customs and ,border ,protection to perform unscheduled duty based on the needs of ,u4,s4 ,customs and ,border ,protection2 7#b7 the term ,border ,patrol agent means an individual who is performing functions included under position classification series #ahif 7,border ,patrol ,enforcement7 of the ,office of ,personnel ,management1 or any successor thereto1 including1 in the case of an individual performing the aforementioned functions1 while such individual is performing covered border patrol activities2 7#c7 the term covered border patrol activities1 as used with respect to a ,border ,patrol agent1 means-- 7,a7 detecting and preventing illegal entry and smuggling of aliens1 commercial goods1 narcotics1 weapons1 or contraband into the ,united ,states2 7,b7 arresting individuals suspected of conduct described in subparagraph 7,a72 7,c7 attending training authorized by ,u4,s4 ,customs and ,border ,protection2 7,d7 being on approved annual1 sick1 or administrative leave2 7,e7 being on ordered travel status2 7,f7 being on official time1 within the meaning of section #gaca2 7,g7 being on excused absence with pay for relocation purposes2 7,h7 being on light duty due to injury or disability2 7,i7 performing administrative duties or mission critical work assignments while maintaining law enforcement authority2 7,j7 caring for the canine assigned to the ,border ,patrol agent1 which may not exceed #a hour per day2 or 7,k7 engaging in an activity similar to an activity described in any of the preceding subparagraphs while temporarily away from the regular duty assignment of the ,border ,patrol agent2 7#d7 the term level #a border patrol rate of pay1 as used with respect to a ,border ,patrol agent1 means the rate equal to #a4be times the hourly rate of basic pay otherwise applicable to such agent2 7#e7 the term level #b border patrol rate of pay1 as used with respect to a ,border ,patrol agent1 means the rate equal to #a4abe times the hourly rate of basic pay otherwise applicable to such agent2 and 7#f7 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 as to whether such agent shall1 for such year-- 7i7 be assigned to the level #a border patrol rate of pay2 7ii7 be assigned to the level #b border patrol rate of pay2 or 7iii7 decline both the level #a and the level #b border patrol rates of pay4 7,b7 ,procedures ,the ,director of the ,office of ,personnel ,management shall establish procedures for an election 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 the 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 ,failure to elect ,a ,border ,patrol agent who fails to make a timely election under subparagraph 7,a7 shall be deemed to have made an election under clause 7i7 thereof4 7,e7 ,sense of ,congress ,it is the sense of ,congress that ,u4,s4 ,customs and ,border ,protection should take such action as is necessary to ensure that not more than #aj percent of the ,border ,patrol agents stationed at a location decline to be assigned to the level #a border patrol rate of pay or the level #b border patrol rate of pay4 7#b7 ,level #a border patrol rate of pay ,for a ,border ,patrol agent who has in effect an election under paragraph 7#a77;,a77i7-- 7,a7 the ,border ,patrol agent shall be scheduled to work for #e days per week-- 7i7 #h hours of regular time per day2 and 7ii7 #b additional hours of scheduled overtime on each day such agent is scheduled to work under clause 7i72 7,b7 for the hours of regular time work described in subparagraph 7,a77i71 the ,border ,patrol agent shall receive pay at the level #a border patrol rate of pay2 7,c7 for the hours of regularly scheduled overtime work described in subparagraph 7,a77ii71 the ,border ,patrol agent shall not receive-- 7i7 additional compensation under this section or any other provision of law2 or 7ii7 compensatory time off2 7,d7 any hours during which the ,border ,patrol agent is available to work during a work period shall be included in the hours of regular time or regularly scheduled overtime scheduled under subparagraph 7,a72 7,e7 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;a77#g72 and 7,f7 the ,border ,patrol agent shall be charged leave in increments of #h hours for #a shift of leave1 regardless of the length of the shift4 7#c7 ,level #b border patrol rate of pay ,for a ,border ,patrol agent who has in effect an election under paragraph 7#a77;,a77ii7-- 7,a7 the ,border ,patrol agent shall be scheduled to work for #e days per week-- 7i7 #h hours of regular time per day2 and 7ii7 #a additional hour of scheduled overtime during on each day such agent is scheduled to work under clause 7i72 7,b7 for the hours of regular time work described in subparagraph 7,a77i71 the ,border ,patrol agent shall receive pay at the level #b border patrol rate of pay2 7,c7 for the hours of regularly scheduled overtime work described in subparagraph 7,a77ii71 the ,border ,patrol agent shall not receive-- 7i7 additional compensation under this section or any other provision of law2 or 7ii7 compensatory time off2 7,d7 any hours during which the ,border ,patrol agent is available to work during a work period shall be included in the hours of regular time or regularly scheduled overtime scheduled under subparagraph 7,a72 7,e7 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;a77#g72 and 7,f7 the ,border ,patrol agent shall be charged leave in increments of #h hours for #a shift of leave1 regardless of the length of the shift4 7#d7 ,basic border patrol rate of pay ,for a ,border ,patrol agent who has in effect an election under paragraph 7#a77;,a77iii7-- 7,a7 the ,border ,patrol agent shall be scheduled to work #h hours of regular time per day1 #e days per week2 7,b7 any hours during which the ,border ,patrol agent is available to work during a work period shall be included in the hours of regular time scheduled under subparagraph 7,a72 and 7,c7 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;a77#g74 7c7 ,eligibility for other premium pay ,a ,border ,patrol agent-- 7#a7 shall receive premium pay for night work in accordance with subsections 7a7 and 7b7 of section #eede and ,sunday and holiday pay in accordance with section #eedf1 without regard to the election of the ,border ,patrol agent under subsection 7b77#a77;,a71 except that section #eedf7;d7 shall not apply and eligibility for pay for1 and the rate of pay for1 any overtime work shall be determined in accordance with this section and section #eedb7;a77#g72 and 7#b7 shall not be eligible for any other form of premium pay under this title1 except as provided in section #eedb7;a77#g74 7d7 ,treatment as basic pay ,any pay received at the level #a border patrol rate of pay or the level #b border patrol rate of pay or pay described in subsection 7b77#c77;,b7 shall be treated as part of basic pay for-- 7#a7 purposes of sections #eeie7;c71 #haad7;e71 #hcca7c71 and #hgjd7;c72 7#b7 any other purpose that the ,office of ,personnel ,management may by regulation prescribe2 and 7#c7 any other purpose expressly provided for by law4 7e7 ,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 ,section #eedb7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#g7 7,a7 ,in this paragraph1 the term ,border ,patrol agent has the meaning given such term in section #eeej4 7,b7 ,notwithstanding the matter preceding paragraph 7#a7 or paragraphs 7#a7 and 7#b71 for a ,border ,patrol agent who has in effect an election to be assigned to the level #a border patrol rate of pay under section #eeej7;b77#a77;,a77i7-- 7i7 except as provided in subparagraph 7,e71 hours of work in excess of #ajj hours during a #ad-;day biweekly pay period shall be overtime work2 and 7ii7 the ,border ,patrol agent-- 7,i7 shall receive pay at the overtime hourly rate of pay 7as determined in accordance with paragraphs 7#a7 and 7#b77 for hours of overtime work that are officially ordered or approved in advance of the work assignment2 and 7,,ii7 shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause 7,i74 7,c7 ,notwithstanding the matter preceding paragraph 7#a7 or paragraphs 7#a7 and 7#b71 for a ,border ,patrol agent who has in effect an election to be eligible for the level #b border patrol rate of pay under section #eeej7;b77#a77;,a77ii7-- 7i7 except as provided in subparagraph 7,e71 hours of work in excess of #ij hours during a #ad-;day biweekly pay period shall be overtime work2 and 7ii7 the ,border ,patrol agent-- 7,i7 shall receive pay at the overtime hourly rate of pay 7as determined in accordance with paragraphs 7#a7 and 7#b77 for hours of overtime work that are officially ordered or approved in advance of the work assignment2 and 7,,ii7 shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause 7,i74 7,d7 ,notwithstanding the matter preceding paragraph 7#a7 or paragraphs 7#a7 and 7#b71 for a ,border ,patrol agent who has in effect an election under section #eeej7;b77#a77;,a77iii7-- 7i7 except as provided in subparagraph 7,e71 hours of work in excess of #hj hours during a #ad-;day biweekly pay period shall be overtime work2 and 7ii7 the ,border ,patrol agent-- 7,i7 shall receive pay at the overtime hourly rate of pay 7as determined in accordance with paragraphs 7#a7 and 7#b77 for hours of overtime work that are officially ordered or approved in advance of the work assignment2 and 7,,ii7 shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause 7,i74 7,e7 7i7 ,except as provided in clause 7ii71 during a #ad-;day biweekly pay period1 a ,border ,patrol agent shall not perform and may not receive compensatory time off for more than #h hours of overtime work4 7ii7 ,u4,s4 ,customs and ,border ,protection may1 as it determines appropriate1 waive the limitation under clause 7i7 for hours of overtime work1 but such waiver must be approved in advance of any work being performed that would be subject to compensatory time under subsection 7,b77ii77,,ii71 7,c77ii77,,ii71 or 7,d77ii77,,ii74 7,f7 ,a ,border ,patrol agent-- 7i7 may not earn more than #bdj hours of compensatory time off during a year2 and 7ii7 shall use any hours of compensatory time off not later than #a year after the date on which the compensatory time off is accrued4 4 7d7 ,technical and conforming amendments 7#a7 ,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#b7 ,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