,,ii  #aacth ,,congress  #ast ,session  
,s4 #afia  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ac1 
#bjac ,mr4 ,tester 7for himself and ,mr4
 ,mc,cain7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,homeland ,security
 and ,governmental ,affairs  ,a ,,bill  
,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 #bjac4  #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 border patrol agents are         
sufficiently ready to conduct necessary 
work and that agents will perform       
overtime hours in excess of a #dj-;hour 
work week based on the needs of the     
employing agency2 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 available to   
work means a border patrol 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 including        
performing covered border patrol        

activities2  7#c7 the term covered      
border patrol activities means a border 
patrol agent is--  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 on       
approved annual1 sick1 or administrative
 leave2  7,e7 on ordered travel status2 
7,f7 on official time1 within the       
meaning of section #gaca2  7,g7 on      
excused absence with pay for relocation 
purposes2  7,h7 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 engaged
 in an activity similar to an activity  

described in subparagraphs 7,a7 through 
7,j7 while temporarily away from the    
regular duty assignment of the border   
patrol agent2  7#d7 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#e7 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#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 whether the      
border patrol agent shall1 for the      
following year--  7i7 be assigned to the
 level #a border patrol rate of pay2    

7ii7 be assigned the level #b border    
patrol rate of pay2 or  7iii7 decline to
 be assigned the level #a border patrol 
rate of pay or the level #b border      
patrol rate of pay4  7,b7 ,procedures   
,the ,director of the ,office of        
,personnel ,management shall establish  
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     
,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 to be assigned 
to the level #a border patrol rate of   
pay under subparagraph 7,a77i74  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 work1 for #e
 days per week--  7i7 #h hours of       
regular time per day2 and  7ii7 #b      
additional hours of scheduled overtime  
during each day the border patrol 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 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  
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 work1 for #e
 days per week--  7i7 #h hours of       
regular time per day2 and  7ii7 #a      

additional hour of scheduled overtime   
during each day the border patrol 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 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  

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 day and #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 that 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