,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #ehif ,,in ,,the ,,house ,,of ,,representatives ,may #ba1 #bjah ,mr4 ,hurd 7for himself1 ,mr4 ,vela1 and ,ms4 ,mc,sally7 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 modify the authority for pay and work schedules of border patrol agents1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,border ,patrol ,agent ,pay ,reform ,amendments ,act of #bjah4 #b4 ,amendments to the ,border ,patrol ,agent ,pay ,reform ,act of #bjad 7a7 ,border patrol agent pay 7#a7 ,in general ,section #eeej of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#a71 by inserting agent after applicable border patrol2 7,b7 in subsection 7b77#a7-- 7i7 in subparagraph 7,a71 by striking ,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 and inserting ,not later than ,december #a of each year1 a border patrol agent shall make an election whether the border patrol agent shall1 for the next annual period beginning on the first day of the first pay period that commences on or after ,january #a1 be assigned to2 7ii7 in subparagraph 7,c71 by striking ,not later than #fj days before the first day of each year beginning after the date of enactment of this section and inserting in its place ,not later than ,november #a of each year2 7iii7 in subparagraph 7,d7-- 7,i7 by amending clause 7iv7 to read as follows3 7iv7 a border patrol agent shall be assigned a basic border patrol rate of pay during the period of initial training 7including initial orientation sessions1 basic training1 and other preparatory activities7 prior to the agent's first regular work assignment2 and 2 and 7,,ii7 in clause 7v71 by striking or the level #b border patrol rate of pay2 7iv7 in subparagraph 7,e7-- 7,i7 in clause 7i71 by striking or the level #b border patrol rate of pay2 7,,ii7 clause 7ii71 by striking the analysis conducted under section #b7;e7 of the ,border ,patrol ,agent ,pay ,reform ,act of #bjad and inserting in its place a written staffing analysis2 and 7,,iii7 by adding at the end the following3 7iv7 ,exclusion of certain employees ,in applying any percentage limit under clause 7i7 or 7ii7 to a location population1 ,u4,s4 ,customs and ,border ,protection shall exclude from such population any border patrol agent who is assigned a basic border patrol rate of pay under subparagraph 7,d77iii7 or 7,d77iv7 or who would reach the premium pay cap under section #eedg if assigned a level #a border patrol rate of pay4 7v7 ,application frequency ,the #aj percent limit under clause 7i7 or an alternative percentage limit under a waiver under clause 7ii7 shall be applied at the beginning of the first pay period beginning on or after ,january #a each year4 2 7v7 by amending subparagraph 7,f7 to read as follows3 7,f7 ,canine care 7i7 ,for a border patrol agent assigned to provide care for a canine while not on duty and assigned to the level #a border patrol rate of pay in accordance with subparagraph 7,d77ii7-- 7,i7 that rate of pay covers all such care and no other pay shall be paid to the border patrol agent for such care except as set forth in subclauses 7,,ii7 through 7,v72 7,,ii7 the agent shall be credited with #a hour of such care for each calendar day on which such care occurs 7without regard to the actual duration of such care72 7,,iii7 canine care hours credited under subclause 7,,ii7 on a day when the agent performs regular time work under paragraph 7#b77;,a77i7 shall-- 7aa7 be counted as up to #a hour of scheduled overtime 7as described in paragraph 7#b77;,a77ii77 on that work day if the agent has not completed #b hours of scheduled overtime 7excluding the canine care hour credited under clause 7ii77 on that workday2 or 7bb7 be counted as up to #a hour of overtime work that is officially ordered or approved in advance of the workweek under section #eedb7;g7 based on the amount of canine care credit for the workday that is not converted to scheduled overtime under item 7aa72 7,,iv7 canine care hours credited under subclause 7,,ii7 on a day when the agent does not perform regular time work under paragraph 7#b77;,a77i7 shall be counted as #a hour of overtime work that is officially ordered or approved in advance of the workweek under section #eedb7;g72 and 7,v7 notwithstanding subclauses 7,,iii77bb7 and 7,v71 overtime work credited under those subclauses is subject to substitution or application as provided in paragraph 7#b77;,f7 and subsection 7f7 as follows3 7aa7 ,substitution for periods of absence during regular time or scheduled overtime 7as described in paragraph 7#b77;,a77ii77 within the same work period in which the canine care credit was generated4 7bb7 ,application towards a debt of obligated overtime hours4 7ii7 ,canine care hours credited under subclauses 7,,iii7 or 7,,iv7 shall not be credited as overtime work under any other provision of law4 2 and 7vi7 by striking subparagraph 7,g72 7,c7 in subsection 7b77#b7-- 7i7 by amending subparagraph 7,c77i7 to read as follows3 7i7 any compensation under this section or any other provision of law in addition to the compensation provided under subparagraph 7,b72 or 2 7ii7 in subparagraph 7,e7-- 7,i7 by striking paid leave and inserting leave2 and 7,,ii7 by striking absent from work and inserting excused from work2 7iii7 in subparagraph 7,f77ii71 by striking and2 7iv7 by amending subparagraph 7,g7 to read as follows3 7,g7 if the border patrol agent participates in a full day of advanced training but does not perform the entire required amount of scheduled overtime work under subparagraph 7,a77ii7 on that day1 the border patrol agent shall be deemed to have performed scheduled overtime work during nonwork periods to the extent necessary to reach the required amount1 but such deemed credit may be applied to no more than #ahj hours in a calendar year2 otherwise1 the agent shall accrue a debt of hours for scheduled overtime not worked on such a day2 and 2 and 7v7 by adding at the end the following3 7,h7 a border patrol agent may choose to reduce any debt of obligated overtime hours that the agent has incurred by applying any accrued compensatory time off for travel pursuant to section #eeej;b1 and such compensatory time off for travel may be applied towards such debt only after other forms of overtime or earned compensatory time credited to the border patrol agent have been exhausted4 2 7,d7 in subsection 7b77#c7-- 7i7 by amending subparagraph 7,c77i7 to read as follows3 7i7 any compensation under this section or any other provision of law in addition to the compensation provided under subparagraph 7,b72 or 2 7ii7 in subparagraph 7,e71 by striking paid leave and inserting leave2 7iii7 in subparagraph 7,f77ii71 by striking and2 7iv7 by amending subparagraph 7,g7 to read as follows3 7,g7 if the border patrol agent participates in a full day of advanced training but does not perform the entire required amount of scheduled overtime work under subparagraph 7,a77ii7 on that day1 the border patrol agent shall be deemed to have performed scheduled overtime work during nonwork periods to the extent necessary to reach the required amount1 but such deemed credit may be applied to no more than #ij hours in a calendar year2 otherwise1 the agent shall accrue a debt of hours for scheduled overtime not worked on such a day2 and 2 and 7v7 by adding at the end the following3 7,h7 a border patrol agent may choose to reduce any debt of obligated overtime hours that the agent has incurred by applying any accrued compensatory time off for travel pursuant to section #eeej;b2 such compensatory time off for travel may be applied towards such debt only after other forms of overtime or earned compensatory time credited to the border patrol agent have been exhausted4 2 7,e7 by amending subsection 7d7 to read as follows3 7d7 ,treatment as basic pay 7#a7 ,in general ,any overtime supplement 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 shall be treated as part of basic pay only-- 7,a7 except as otherwise provided in paragraph 7#c71 for purposes of the definitions in section #hcca7c7 and #hdja7d7 and the provisions in chapters #hc and #hd that rely on those definitions 7consistent with section #hcca7c77;,i772 7,b7 except as otherwise provided in paragraph 7#c71 for purposes of sections #eeie7;c7 and #hgjd7;c72 7,c7 for the purpose of section #haad7;e72 and 7,d7 subject to paragraph 7#b7 and any limitation established under paragraph 7#c71 any other purpose that the ,director of the ,office of ,personnel ,management may by regulation prescribe4 7#b7 ,exclusions ,the overtime supplement described in paragraph 7#a7 shall not be treated as part of basic pay for purposes not covered by that paragraph1 including the purposes of calculating-- 7,a7 overtime pay1 night pay1 ,sunday pay1 or holiday pay under section #eedb1 #eede1 or #eedf2 7,b7 locality-based comparability payments under section #ecjd or special rate supplements under section #ecje2 or 7,c7 cost-of-living allowances in nonforeign areas under section #eida4 7#c7 ,limitations 7,a7 ,in general ,during the control period described in subparagraph 7,b71 the amount of the overtime supplement that is considered basic pay under paragraphs 7#a77;,a7 and 7#a77;,b7 may not exceed the amount derived by multiplying the border patrol agent's basic border patrol rate of pay by the percentage representing the agent's career average of assigned overtime supplement percentages 7including #j percent for periods of time during which no overtime supplement was payable74 ,that career average percentage is computed without regard to the effect of the limitation on premium pay under section #eedg1 but the premium pay limitation remains applicable in determining the dollar amount of any overtime supplement computed using the career average percentage4 7,b7 ,control period ,for the purposes of applying subparagraph 7,a71 the control period described in this subparagraph is the period that begins #c years before the date a border patrol agent will meet age and service requirements associated with entitlement to an immediate annuity and continues throughout the remainder of the individual's career as a border patrol agent4 7,c7 ,assigned overtime supplement percentages ,for the purpose of applying subparagraph 7,a71 a border patrol agent's initial career average of assigned overtime supplement percentages is the average for the border patrol agent's career 7excluding any period of initial training prior to the agent's first regular work assignment7 prior to the beginning of the control period described in subparagraph 7,b74 ,during such control period1 the career average shall be recomputed at the end of each annual period 7as described in subsection 7b77#a77;,a774 ,in computing such career average1 any periods of service as a border patrol agent prior to the first day of the first pay period beginning on or after ,january #a1 #bjaf1 shall be included1 and the agent's assigned overtime supplement during such periods shall be deemed to be #be percent4 7#d7 ,annual leave payment ,for the purpose of computing an agent's lump-sum annual leave payment under section #eeea or #eeeb1 the pay the agent is projected to receive shall include a deemed overtime supplement derived under this paragraph4 ,such overtime supplement shall be based on the lower of the agent's actual overtime supplement percentage in effect at separation or the average percentage of the agent's overtime supplement over the #bf full biweekly pay periods immediately preceding that separation1 and shall not exceed the amount that is or would be payable under the premium pay limitation in section #eedg4 2 7,f7 in subsection 7f7-- 7i7 in the heading of such subsection1 by striking and substitution of hours and inserting during regular time2 absences during scheduled overtime2 and 7ii7 by adding at the end the following3 7#e7 ,special ,rules for ,leave ,without ,pay 7,a7 ,at least #a workday ,if a border patrol agent takes leave without pay for a period of at least #a workday1 the agent shall not receive any pay for the hours during which the border patrol agent took leave without pay4 7,b7 ,no accrual of overtime debt ,a border patrol agent shall not accrue an overtime debt for any full workdays during which a border patrol agent uses leave without pay1 regardless of the border patrol rate of pay to which the border patrol agent is assigned4 7,c7 ,calculation of pay ,for pay periods during which a border patrol agent takes #a or more full days of leave without pay1 the amount of border patrol pay that the agent would normally receive shall be reduced proportionally by the amount of overtime hours that the agent has not worked due to being on leave without pay4 ,the total amount of border patrol pay that a border patrol agent would normally receive in a pay period described in the preceding sentence shall be decreased based on the percentage of work days for which the border patrol agent takes leave without pay4 2 and 7,g7 by adding at the end the following3 7i7 ,alternative work schedules 7#a7 ,in general ,notwithstanding any other provision in this section or section #faja1 ,u4,s4 ,customs and ,border ,protection may assign a border patrol agent an alternative work schedule as described in this subsection1 subject to any regulations prescribed by the ,director of the ,office of ,personnel ,management4 ,no alternative work schedule may be established under subchapter ,,ii of chapter #fa4 7#b7 ,level #b border patrol agent ,a border patrol agent receiving a level #b border patrol rate of pay may1 in lieu of the standard work schedule described in subsection 7b77#c77;,a71 be assigned to an alternative work schedule under the following terms and conditions3 7,a7 ,the alternative work schedule shall be a regular tour of duty consisting of #i workdays per biweekly pay period1 with-- 7i7 #h workdays including #i hours of regular time per workday and #a additional hour of scheduled overtime for each day the agent performs work during regular time2 and 7ii7 #a workday including #h hours of regular time per workday and #b additional hours of scheduled overtime when the agent performs work during such regular time4 7,b7 ,subparagraphs 7,b7 through 7,h7 of subsection 7b77#c7 shall continue to apply to an agent assigned to an alternative work schedule under this paragraph4 ,references in this section to regular time under subsection 7b77#c77;,a77i7 and scheduled overtime under subsection 7b77#c77;,a77ii7 shall be deemed to be references to regular time and scheduled overtime described in subparagraph 7,a71 respectively4 7#c7 ,basic border patrol agent ,a border patrol agent receiving a basic border patrol rate of pay may1 in lieu of the standard work schedule described in subsection 7b77#d77;,a71 be assigned to an alternative work schedule that is a regular tour of duty consisting of #d workdays per week with #aj hours of regular time per workday4 4 7#b7 ,regulations ,the ,director of the ,office of ,personnel ,management shall promulgate regulations to carry out the amendments made by this subsection1 including regulations governing-- 7,a7 elections and assignments of a border patrol rate of pay for newly hired border patrol agents who complete initial training during an annual period2 7,b7 situations in which a border patrol agent receives more than one type of border patrol rate of pay in a biweekly pay period or is employed as a border patrol agent for only part of a biweekly pay period2 and 7,c7 the treatment of hours that are substituted for nonpay status hours during regular time4 7b7 ,overtime rates ,section #eedb7;g77#e7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking leave year and inserting an annual period1 as described in section #eeej7;b77#a77;,a72 and 7#b7 by amending subparagraph 7,e7 to read as follows3 7,e7 shall not receive credit towards computation of the border patrol agent's annuity based on unused compensatory time off2 and 4 7c7 ,premium pay cap ,section #eedg7;c7 of title #e1 ,united ,states ,code1 is amended by inserting after duty1 the following3 or to border patrol agents who receive an overtime supplement for overtime hours within their regular tour of duty under section #eeej14 7d7 ,basic pay for retirement ,section #hcca7c77;,i7 of title #e1 ,united ,states ,code1 is amended by adding before the semicolon at the end the following3 1 subject to the limitation prescribed in section #eeej7;d77#c74 7e7 ,scheduled overtime work ,section #b7;c77#b7 of the ,border ,patrol ,agent ,pay ,reform ,act of #bjad 7,public ,law #aac-bgg7 is amended by inserting after scheduled overtime work the following3 7other than scheduled overtime work within the regular tour of duty74 #c4 ,effective date ,the amendments made by section #b shall take effect on the first day of the first pay period beginning on or after the day that is #ij days after the date of the enactment of this ,act4