,,ii #aaeth ,,congress #b;d ,session ,s4 #bcch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #be1 #bjah,mr4 ,tester introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend chapter #ee of title #e1 ,united ,states ,code1 to reform the manner in which ,border ,patrol agents are compensated4 #a4 ,short title ,this ,act may be cited as the ,border ,patrol ,agent ,pay ,reform ,technical ,amendments ,act of #bjah4 #b4 ,border patrol rate of pay ,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 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking ,not later than #cj days before the first day of each year beginning after the date of enactment of this section1 and inserting ,not later than ,december #a of each year12 and 7,,ii7 by striking for that year and inserting for the next annual period beginning on the first day of the first pay period that commences on or after ,january #a2 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 section1 and inserting ,not later than ,november #a of each year12 7iii7 in subparagraph 7,d7-- 7,i7 in clause 7iii71 by inserting due to loss of law enforcement authority after this section2 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 in clause 7ii71 by striking the analysis conducted under section #b7;e7 of the ,border ,patrol ,agent ,pay ,reform ,act of #bjad and inserting a written staffing analysis by the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 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 base population1 ,u4,s4 ,customs and ,border ,protection shall exclude from such population any border patrol agent who-- 7,i7 is assigned a basic border patrol rate of pay under paragraph 7iii7 or 7iv7 of subparagraph 7,d72 or 7,,ii7 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 of each year4 2 and 7v7 by striking subparagraphs 7,f7 and 7,g7 and inserting the following3 7,f7 ,canine care ,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-- 7i7 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 clauses 7ii7 through 7v72 7ii7 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 7iii7 #a hour of canine care credited under clause 7ii71 as available1 shall be substituted for #a hour of scheduled overtime that the agent is obligated to perform under paragraph 7#b77;,a77ii7 on the same regular work day2 7iv7 #a hour of canine care credited under clause 7ii71 if not needed to substitute for scheduled overtime under clause 7iii71 shall be paid to the border patrol agent as scheduled overtime for which the agent shall receive monetary compensation pursuant to the payment of overtime under section #eedb7;a77#d72 and 7v7 for canine care hours credited under clause 7ii7 on a day other than a regular workday1 or on a regular workday on which an agent has no obligation to perform scheduled overtime work1 the agent shall be credited with #a scheduled overtime work hour paid as monetary compensation under section #eedb7;a77#d7 7defined as #a hour of overtime work under section #eedb7;g77#a77;,b77i77 for each hour of credited canine care4 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,c71 by amending clause 7i7 to read as follows3 7i7 any compensation under this section or under 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 and at the end2 and 7iv7 by striking subparagraph 7,g7 and inserting the following3 7,g7 if the border patrol agent participates in a day of advanced training1 but does not perform the 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 amount2 and 7,h7 any overtime obligation that the border patrol agent has incurred can be met through the use of any accrued compensatory time accrued for travel pursuant to section #eeej;b4 2 and 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,c71 by amending clause 7i7 to read as follows3 7i7 any compensation under this section or under 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 excused and inserting absent2 7iii7 in subparagraph 7,f77ii72 by striking and at the end2 7iv7 by amending subparagraph 7,g7 to read as follows3 7,g7 if the border patrol agent participates in a day of advanced training1 but does not perform the 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 amount2 2 and 7v7 by adding at the end the following3 7,h7 if the border patrol agent is assigned to provide canine care or assigned to marine duty and participates in a day of advanced training and performs more than the required amount of scheduled overtime work under subparagraph 7,a77ii7 on that day1 the border patrol agent shall be compensated for all of the hours worked on that day2 and 7,i7 any overtime obligation that the border patrol agent has incurred can be met through the use of any accrued compensatory time accrued for travel pursuant to section #eeej;b4 2 7#c7 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 the application of the level #a border patrol rate of pay or the level #b border patrol rate of pay shall be treated1 subject to paragraphs 7#b7 and 7#c71 as part of basic pay solely-- 7,a7 for purposes of the definition of basic pay in sections #hcca7c7 and #hdja7d7 and the provisions in chapters #hc and #hd that rely on those definitions2 7,b7 for purposes of sections #eeie7;c7 7relating to severance pay7 and #hgjd7;c7 7relating to conversion of pay71 except as otherwise provided in paragraph 7#c72 7,c7 for the purpose of section #haad7;e7 7relating to computation of pay72 and 7,d7 for any other purpose that the ,director of the ,office of ,personnel ,management may prescribe1 by regulation1 subject to paragraph 7#b7 and any limitation established in accordance with paragraph 7#c74 7#b7 ,treatment of overtime supplement ,the overtime supplement described in paragraph 7#a7 may not be treated as part of basic pay for purposes not described in paragraph 7#a71 including the purposes of calculating-- 7,a7 overtime pay1 night pay1 ,sunday pay1 or holiday pay under sections #eedb1 #eede1 and #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 subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 may not exceed the amount computed 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 ,the career average percentage shall be computed under this subparagraph without regard to the effect of the limitation on premium pay under section #eedg4 ,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 ,the control period referred to in subparagraphs 7,a7 and 7,c7 is the period beginning #c years before the date on which a border patrol agent will meet age and service requirements associated with entitlement to an immediate annuity and ending on the last day of the individual's career as a border patrol agent4 7,c7 ,career average percentage ,for purposes of 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 before the beginning of the control period4 ,during the control period1 the career average shall be recomputed at the end of each annual period 7as described in subsection 7b77#a77;,a774 ,in computing the career average percentage1 any periods of service as a border patrol agent before 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 ,if the career average percentage is less than #be percent1 the precise amount of the career average percentage shall be used for purposes of this subsection4 7#d7 ,lump-sum annual leave payment ,in 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 under this paragraph1 which-- 7,a7 shall be based on the lower of-- 7i7 the agent's actual overtime supplement percentage in effect at separation2 or 7ii7 the average percentage of the agent's overtime supplement during the #bf biweekly pay periods immediately preceding such separation2 and 7,b7 may not exceed the amount that is1 or would be1 payable under the premium pay limitation under section #eedg4 2 7#d7 in the subsection 7f7 heading1 by striking and substitution of hours and inserting during regular time2 ,guard and ,reservist duties2 absences during scheduled overtime2 and 7#e7 by adding at the end the following3 7h7 ,leave without pay during regular time2 ,guard and ,reservist duties2 absences during scheduled overtime 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 7,a7 ,in general ,for pay periods during which a border patrol agent takes one 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 7,b7 ,percentage decrease ,the total amount of border patrol pay that a border patrol agent would normally receive in a pay period described in subparagraph 7,a7 shall be decreased based on the percentage of work days for which the border patrol agent takes leave without pay4 7i7 ,compressed work schedule 7#a7 ,in general ,notwithstanding any other provision of this section or section #faja1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection may assign a border patrol agent a compressed work schedule under this subsection1 subject to any regulations prescribed by the ,director of the ,office of ,personnel ,management4 7#b7 ,level #a border patrol rate of pay ,a border patrol agent receiving the level #a border patrol rate of pay may1 in lieu of the standard work schedule described in subsection 7b77#b77;,a71 be assigned a compressed work schedule under the following terms and conditions3 7,a7 ,the compressed work schedule shall be a regular tour of duty consisting of four #aj-;hour workdays per week as his or her regular schedule and shall include1 in each pay period1 #h workdays of #aj hours of regular time per workday and a total of #bj additional hours of scheduled overtime on the other days within the pay period in which the agent does not perform regular time4 7,b7 ,subparagraphs 7,b7 through 7,g7 of subsection 7b77#b7 shall apply to an agent assigned a compressed work schedule under this paragraph4 ,references in this section to regular time under subsection 7b77#b77;,a77i7 and scheduled overtime under subsection 7b77#b77;,a77ii7 shall be deemed to be references to regular time and scheduled overtime1 respectively1 described in subparagraph 7,a74 7#c7 ,level #b border patrol rate of pay ,a border patrol agent receiving the level #b border patrol rate of pay may1 in lieu of the standard work schedule described in subsection 7b77#c77;,a71 be assigned a compressed work schedule under the following terms and conditions3 7,a7 ,the compressed work schedule shall be a regular tour of duty consisting of #i workdays per biweekly pay period1 including-- 7i7 #h workdays of #i hours of regular time per workday and #a additional hour of scheduled overtime for each day the agent performs work during such regular time2 and 7ii7 #a workday of #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 apply to an agent assigned a compressed 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 overtime1 respectively1 described in subparagraph 7,a74 7#d7 ,basic border patrol rate of pay ,a border patrol agent receiving the basic border patrol rate of pay1 in lieu of the standard work schedule described in subsection 7b77#d77;,a71 may be assigned a compressed work schedule that is a regular tour of duty consisting of #d workdays per week with #aj hours of regular time per workday4 7#e7 ,sunday pay2 premium pay ,a border patrol agent assigned to a compressed work schedule under this subsection may receive1 as applicable-- 7,a7 ,sunday pay for up to #h hours of regular time associated with a given ,sunday1 in accordance with section #eedf7;a72 7,b7 premium pay for work on a holiday for up to #h hours of regular time associated with a given holiday1 in accordance with section #eedf7;b72 and 7,c7 basic pay for all regular time hours that qualify for holiday time off pay when an agent is relieved or prevented from working during such regular time on a day designated as a holiday by ,federal statute or ,executive order4 7#f7 ,workday ,in applying sections #fcjc7;a71 #fcjd1 #fcjg7;a71 #fcjg7;d71 #fcbc1 #fcbf1 #fcbg1 and #hcci7m7 to an employee assigned a compressed work schedule under this subsection1 references to a day or a workday 7or to multiples or parts thereof7 shall be considered to be references to #h hours 7or to the respective multiples or parts thereof74 7#g7 ,negotiations ,the provisions set forth in this subsection shall be subject to collective bargaining negotiations with the border patrol agents' collective bargaining representative4 7j7 ,rulemaking ,the ,director of the ,office of ,personnel ,management shall promulgate regulations to carry out this section1 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 an agent receives more than #a 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 4